In re MF Global UK Ltd (in special administration) (No 5) – WLR Daily

Posted July 8th, 2014 in financial regulation, insolvency, law reports, trustees in bankruptcy by sally

In re MF Global UK Ltd (in special administration) (No 5): [2014] EWHC 2222 (Ch); [2014] WLR (D) 294

‘There was nothing in the rules contained in Chapters 7 and 7A of the Client Assets Sourcebook (“CASS 7 and 7A”), which formed part of the Financial Services Authority Handbook, which expressly excluded the statutory power of compromise contained in section 15 of the Trustee Act 1925.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

Churngold Recycling Ltd v Environment Agency – WLR Daily

Posted July 8th, 2014 in appeals, conversion, law reports by sally

Churngold Recycling Ltd v Environment Agency: [2014] EWCA Civ 909: [2014] WLR (D) 295

“Electronically stored information, as opposed to the media upon which it was stored, was intangible and not a chattel and could not be “goods” for the purposes of the Torts (Interference with Goods) Act 1977. It was accordingly not capable of being wrongfully interfered with so as to constitute the tort of conversion.’

WLR Daily, 4th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 8th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Jones v R [2014] EWCA Crim 1337 (04 July 2014)

Ernest, R v [2014] EWCA Crim 1312 (04 July 2014)

High Court (Chancery Division)

Global Marine Drillships Ltd v La Bella & Ors [2014] EWHC 2242 (Ch) (07 July 2014)

High Court (Queen’s Bench Division)

One Step (Support) Ltd v Morris -Garner & Anor [2014] EWHC 2213 (QB) (07 July 2014)

High Court (Technology and Construction Court)

The Bodo Community & Ors v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC) (04 July 2014)

Iliffe & Anor v Feltham Construction Ltd [2014] EWHC 2125 (TCC) (03 July 2014)

Source: www.bailii.org

Practitioner bodies berate ‘face-saving’ bar deal – Law Society’s Gazette

Posted July 8th, 2014 in barristers, fees, legal aid, Ministry of Justice, news, solicitors by sally

‘The “backroom” deal agreed by the Ministry of Justice to end the VHCC fee dispute with barristers has been sharply criticised for excluding solicitors who are the “backbone” of the system.’

Full story

Law Society’s Gazette, 8th July 2014

Source: www.lawgazette.co.uk

Care Orders and Home Placements: removal and the public funding conundrum – Family Law Week

Posted July 8th, 2014 in adoption, appeals, care orders, children, human rights, local government, news, Supreme Court by sally

‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’

Full story

Family Law Week, 7th July 2014

Source: www.familylawweek.co.uk

UK’s wealthiest divorce case can be reported, judge rules – The Guardian

Posted July 8th, 2014 in anonymity, divorce, news, reporting restrictions by sally

‘High court rejects move by hedge fund tycoon Christopher Hohn to prevent media from publishing details from hearings.’

Full story

The Guardian, 7th July 2014

Source: www.guardian.co.uk

Prisoner Anthony Douglas accidentally released because of shared surname – The Guardian

Posted July 8th, 2014 in inquiries, mistake, news, prisons, release on licence by sally

‘Inquiry launched into how man with same surname as another inmate due to come out came to be released from HMP Hewell.’

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The Guardian, 7th July 2014

Source: www.guardian.co.uk

Crime victims’ treatment by police and courts examined – BBC News

Posted July 8th, 2014 in codes of practice, courts, news, police, reports, victims by sally

‘The way crime victims are treated by the police and courts in England and Wales is to be examined.’

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

Harassed family gets payout after Home Office failings – BBC News

Posted July 8th, 2014 in compensation, criminal records, government departments, harassment, immigration, news, ombudsmen, reports, visas by sally

‘A family who endured a “living nightmare” at the hands of a violent criminal is to receive a £130,000 payout over Home Office failings.’

Full story

BBC News, 8th July 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 7th, 2014 in legislation by sally

The Defence Reform Act 2014 (Commencement No. 1) Order 2014

The Intellectual Property Act 2014 (Commencement No.1) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 3) Order 2014

Source: www.legislation.gov.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

Full story

Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted July 7th, 2014 in law reports by sally

Supreme Court

Whiston, R (on the application of) [2014] UKSC 39 (2 July 2014)

Henderson v Foxworth Investments Limited & Anor [2014] UKSC 41 (2 July 2014)

The Manchester Ship Canal Company Ltd & Anor v United Utilities Water Plc [2014] UKSC 40 (2 July 2014)

Court of Appeal (Civil Division)

Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)

Novoship (UK) Ltd & Ors v Nikitin & Ors [2014] EWCA Civ 908 (04 July 2014)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor [2014] EWHC 2178 (QB) (04 July 2014)

High Court (Administrative Court)

Reilly (No. 2) & Anor, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2182 (Admin) (04 July 2014)

Rotary Yorkshire Ltd v Hague (HM’s Health & Safety Inspectors) [2014] EWHC 2126 (Admin) (04 July 2014)

High Court (Chancery Division)

Electrosteel Castings (UK) Ltd v Metalpol Ltd [2014] EWHC 2017 (Ch) (04 July 2014)

MF Global UK Ltd, Re Investment Bank Special Administration Regulations 2011 [2014] EWHC 2222 (Ch) (04 July 2014)

Blue Tropic Ltd & Anor v Chkhartishvili [2014] EWHC 2243 (Ch) (07 July 2014)

Setchim & Anor v Secretary of State for Foreign & Commonwealth Affairs & Ors [2014] EWHC 2218 (Ch) (04 July 2014)

High Court (Family Division)

T (Children) [2014] EWHC 2164 (Fam) (16 June 2014)

High Court (Commercial Court)

Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2014] EWHC 2197 (Comm) (04 July 2014)

Source: www.bailii.org

Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

Posted July 7th, 2014 in appeals, budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

Full story

Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

The UT Repays Again – NearlyLegal

Posted July 7th, 2014 in appeals, landlord & tenant, licensing, news, rent, repayment, tribunals, utilities by sally

The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog

Posted July 7th, 2014 in appeals, benefits, carers, children, disability discrimination, disabled persons, families, housing, human rights, local government, news by sally

‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’

Full story

UK Human Rights Blog, 4th July 2014

Source: www.ukhumanrightsblog.com

Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

Full story

Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

Mitchell-Game, Set and Match? – NearlyLegal

Posted July 7th, 2014 in budgets, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

Full story

NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange

Posted July 7th, 2014 in appeals, assisted suicide, disabled persons, doctors, human rights, judicial review, news, suicide, Supreme Court by sally

‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’

Full story

Halsbury’s Law Exchange, 7th July 2014

Source: www.halsburyslawexchange.co.uk

Marriage certificate could include mothers’ name – BBC News

Posted July 7th, 2014 in documents, equality, marriage, names, news by sally

‘Mothers’ names could be included on marriage certificates in England and Wales, under plans being considered by the Home Office.’

Full story

BBC News, 4th July 2014

Source: www.bbc.co.uk

Westminster child abuse allegations: Government to set up ‘wide-ranging’ inquiry – The Independent

Posted July 7th, 2014 in child abuse, government departments, inquiries, news, police by sally

‘The Home Secretary Theresa May will this afternoon back down and announce that the Government is planning to set up a “wide-ranging” inquiry into historic sex abuse claims.’

Full story

The Independent, 7th July 2014

Source: www.independent.co.uk