Recent Statutory Instruments – legislation.gov.uk

Posted June 17th, 2014 in legislation by sally

The Growth and Infrastructure Act 2013 (Commencement No. 6) Order 2014

The Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014

The Quality and Safety of Organs Intended for Transplantation (Amendment) Regulations 2014

The Immigration (Passenger Transit Visa) (Amendment) Order 2014

The Olympic Lotteries (Payments out of the Olympic Lottery Distribution Fund) Regulations 2014

The Social Security (Recovery of Benefits) (Lump Sum Payments) (Amendment) Regulations 2014

The Child Benefit (General) and the Tax Credits (Residence) (Amendment) Regulations 2014

The Assisted Areas Order 2014

The British Nationality (General) (Amendment) Regulations 2014

The Special Educational Needs and Disability Regulations 2014

The Fuel and Electricity (Heating) (Control) (Revocations) Order 2014

Source: www.legislation.gov.uk

Hitmen who killed boy by mistake lose appeal against 40-year jail terms – The Guardian

Posted June 17th, 2014 in appeals, murder, news, sentencing by sally

‘Two hitmen who stabbed an innocent schoolboy to death by mistake in a “callous and cruel” attack have lost appeals against their 40-year minimum jail terms.’

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The Guardian, 17th June 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 17th, 2014 in law reports by sally

Supreme Court

Eastenders Cash and Carry plc & Ors, R (On the application of) v Revenue and Customs [2014] UKSC 34 (11 June 2014)

Shergill & Ors v Khaira & Ors [2014] UKSC 33 (11 June 2014)

High Court (Chancery Division)

Achom & Ors v Lalic & Ors [2014] EWHC 1888 (Ch) (10 June 2014)

Apcoa Parking (UK) Ltd & Ors, Re [2014] EWHC 997 (Ch) (26 March 2014)

National Westminster Bank Plc v Lucas & Ors [2013] EWHC 770 (Ch) (20 February 2013)

High Court (Administrative Court)

Parmer v Secretary of State for the Home Department [2014] EWHC 1204 (Admin) (27 January 2014)

High Court (Technology and Construction Court)

Frontier Systems Ltd (t/a Voiceflex) v Frip Finishing Ltd [2014] EWHC 1907 (TCC) (10 June 2014)

High Court (Commercial Court)


BMIC Ltd v Chinnakannan Sivasankaran Siva Ltd [2014] EWHC 1880 (Comm) (12 June 2014)

Martrade Shipping & Transport GmbH v United Enterprises Corporation [2014] EWHC 1884 (Comm) (12 June 2014)

Family Court Decisions (other Judges)


A, B and C (care and placement orders) [2014] EWFC B71 (04 June 2014)

LC v RRL & Ors [2014] EWFC 8 (16 May 2014)

Leicester City Council v Chhatbar [2014 EWFC B71 (02 June 2014)

Source: www.bailii.org

Mass surveillance of social media is permitted by law, says top UK official – The Guardian

‘Mass surveillance of social media, such as Facebook, Twitter and YouTube, and even Google searches, is permissible because these are “external communications”, according to the government’s most senior security official.’

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The Guardian, 17th June 2014

Source: www.guardian.co.uk

The secret trial controversy – how open will this newly opened justice be? – Legal Week

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Legal Week, 16th June 2014

Source: www.legalweek.com

Bootle benefits fraud woman ‘invented’ six children – BBC News

Posted June 17th, 2014 in benefits, fraud, news, sentencing, social security by sally

‘A woman who invented six children in order to claim extra state benefits, has been jailed for a year.’

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BBC News, 16th June 2014

Source: www.bbc.co.uk

Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

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BBC News, 17th June 2014

Source: www.bbc.co.uk

Whose Magna Carta is it anyway? – UK Human Rights Blog

‘Yesterday was Magna Carta Day. It is now only 364 days until the 800th anniversary of the sealing of England’s oldest charter of rights, and one of the world’s most influential legal documents.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Richard III legal challenge lands taxpayer with £175,000 legal bill – Daily Telegraph

Posted June 17th, 2014 in burials and cremation, costs, judicial review, news, royal family by sally

‘Chris Grayling, the Justice Secretary, criticises a legal bid by distant relatives of King Richard III, whose remains were found buried under a council car park in Leicester.’

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Daily Telegraph, 16th June 2014

Source: www.telegraph.co.uk

Delay on tougher sentences for knife crime to avoid prison overcrowding – The Guardian

Posted June 17th, 2014 in news, offensive weapons, prisons, recidivists, sentencing by sally

‘The justice secretary, Chris Grayling, is expected to delay the introduction of a guideline for minimum six-month jail sentences for those repeatedly caught carrying a knife because of the impact on the rising prison population.’

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The Guardian, 17th June 2014

Source: www.guardian.co.uk

Bin Laden surrogate jailed after faking pregnancies – Daily Telegraph

Posted June 17th, 2014 in fraud, news, sentencing, surrogacy by sally

‘Louise Pollard, who once agreed to act as a surrogate for Bin Laden’s son, is jailed for pretending to carry children for other desperate couples’

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Daily Telegraph, 16th June 2014

Source: www.telegraph.co.uk

Four jailed for Worthing amputations stabbing – BBC News

Posted June 17th, 2014 in grievous bodily harm, news, offensive weapons, sentencing by sally

‘Three men and a youth have been jailed after being found guilty of stabbing a man resulting in both his arms and legs having to be amputated.’

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BBC News, 16th June 2014

Source: www.bbc.co.uk

Ofcom probes BBC Daily Politics over swearing – BBC News

Posted June 17th, 2014 in BBC, complaints, media, news, obscenity, ombudsmen by sally

‘Media regulator Ofcom has launched an investigation into BBC Two’s Daily Politics show after a Conservative MP swore during a live edition.’

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BBC News, 16th June 2014

Source: www.bbc.co.uk

Secret trial of terror suspects delayed until October – The Guardian

Posted June 17th, 2014 in delay, news, private hearings, reporting restrictions, terrorism, trials by sally

‘The trial of two terrorist suspects, due to be held substantially in secret, has been delayed until October.’

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The Guardian, 16th June 2014

Source: www.guardian.co.uk

Gloucestershire child neglect couple jailed – BBC News

Posted June 16th, 2014 in child neglect, news, sentencing, social services by sally

‘A couple jailed for neglecting five of their children have been branded “inadequate, stupid, stubborn and reckless” by a judge.’

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BBC News, 16th June 2014

Source: www.bbc.co.uk

Come friendly bombs… – NearlyLegal

Posted June 16th, 2014 in insurance, landlord & tenant, leases, news, service charges, terrorism, tribunals by sally

‘Terrorism insurance is an increasingly contentious issue in service charge cases; in short, many leaseholders think it is unnecessary and simply serves to increase the their service charges (and, potentially, acts as an additional source of commission for landlords, itself a very contentious issue). Well, in Qdime Ltd v Various Leaseholders at Bath Building (Swindon) and others [2014] UKUT 261 (LC), the Upper Tribunal has given an unqualified endorsement of terrorism insurance and, in the process, may well have greatly extended the number of properties which are now required to obtain such insurance.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

Separating divorce and financial disputes – more process than substance – Halsbury’s Law Exchange

Posted June 16th, 2014 in children, costs, divorce, family courts, financial dispute resolution, news by sally

‘Sir James Munby, President of the Family Division has considered in his most recent opinion piece, both his commentary on the bedding down of the recent procedural changes that came in to force on the 22 April 2014, and looking to the future, he has invited Mostyn J and Cobb J to chair a new Financial Remedies Working Group to look at further change.’

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Halsbury’s Law Exchange, 16th June 2014

Source: www.halsburyslawexchange.co.uk

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

How many people will get £10,000 fines for speeding? – The Guardian

Posted June 16th, 2014 in fines, news, road traffic offences, sentencing, statistics by sally

‘The maximum financial penalty that magistrates courts can impose has been increased fourfold, although the data shows that only a few will have to pay much more.’

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The Guardian, 12th June 2014

Source: www.guardian.co.uk

What’s the Din?* – NearlyLegal

Posted June 16th, 2014 in appeals, homelessness, housing, interpretation, local government, news by sally

‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’

Full story

NearlyLegal, 16th June 2014

Source: www.nearlylegal.co.uk