FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) – Supreme Court
FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) (YouTube)
Supreme Court, 9th July 2014
Applications Without Notice: A Practitioner’s Guide – Family Law Week
‘Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.’
Family Law Week, 17th July 2014
Source: www.familylawweek.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Murphy, R v [2014] EWCA Crim 1457 (18 June 2014)
Vaughan, R v [2014] EWCA Crim 1456 (19 June 2014)
Court of Appeal (Civil Division)
Warren v Drukkerij Flach B.V. [2014] EWCA Civ 993 (18 July 2014)
High Court (Queen’s Bench Division)
Building Register Ltd v Mark Weston & Anor [2014] EWHC 2361 (QB) (17 July 2014)
Cartus Corporation Cartus Ltd v Siddell & Anor [2014] EWHC 2266 (QB) (16 July 2014)
High Court (Chancery Division)
Greenwich Inc Ltd v Dowling & Ors [2014] EWHC 2451 (Ch) (15 July 2014)
High Court (Family Division)
Cooper-Hohn v Hohn [2014] EWHC 2314 (Fam) (07 July 2014)
Family Court Decisions (other Judges)
J and D (fact-finding) [2014] EWFC B89 (07 July 2014)
High Court (Technology and Construction Court)
R G Spiller Ltd v Derhalli & Anor [2014] EWHC 2458 (TCC) (08 July 2014)
High Court (Commercial Court)
Kaupthing Singer & Friedlander Ltd v UBS AG [2014] EWHC 2450 (Comm) (18 July 2014)
Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014)
Soufflet Negoce SA v Fedcominvest Europe Sarl [2014] EWHC 2405 (Comm) (18 July 2014)
Source: www.bailii.org
Government wants impunity from UK courts over torture, judges told – The Guardian
‘The government is determined to prevent ministers and officials from being accountable to the courts for colluding in wrongdoing abroad even if it involves torture, three of the country’s most senior judges were warned on Monday.’
The Guardian, 21st July 2014
Source: www.guardian.co.uk
Criminals ‘escaping justice’ by being given cautions – Daily Telegraph
‘Almost 30,000 criminals including rapists and burglars ”have escaped the justice system” in the London area by being handed a police caution, it has been revealed.’
Daily Telegraph, 22nd July 2014
Source: www.telegraph.co.uk
Law Commission urges full reform project on data sharing and public bodies – Local Government Lawyer
‘The Law Commission has this month recommended that a full law reform project should be carried out “in order to create a principled and clear legal structure for data sharing, which will meet the needs of society”.’
Local Government Lawyer, 21st July 2014
Source: www.localgovernmentlawyer.co.uk
IPCC concern over police use of Tasers to gain compliance – The Guardian
‘Police officers have been accused of using Tasers to inflict pain to gain compliance, a report by the police watchdog says. Concerns are also raised about the use of Tasers on suspects already in custody, in the findings by the Independent Police Complaints Commission.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
Parents who allow female genital mutilation will be prosecuted – The Guardian
‘Parents will be prosecuted if they fail to prevent their daughter being cut, and all victims of female genital mutilation (FGM) will get lifelong anonymity, David Cameron will say on Tuesday.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange
‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’
Halsbury’s Law Exchange, 21st July 2014
Source: www.halsburyslawexchange.co.uk
Tulisa Contostavlos trial collapses over Mazher Mahmood’s evidence – The Guardian
‘The trial of the singer and TV entertainer Tulisa Contostavlos over drugs allegations has dramatically collapsed after the judge ruled that the Sun investigative reporter whose evidence was central to the case had seemingly lied on oath.’
The Guardian, 21st July 2014
Source: www.guardian.co.uk
DRIP: 5 unjust government arguments – Halsbury’s Law Exchange
‘It is suggested that the USA PATRIOT Act, legislation swiftly enacted by US Congress in the wake of the 11 September 2001 terrorist act was a “backronym” designed to play on the national pride around at the time. Clever political manoeuvring? Potentially so.’
Halsbury’s Law Exchange, 16th July 2014
Source: www.halsburyslawexchange.co.uk
Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog
‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘
UK Human Rights Blog, 21st July 2014
Source: www.ukhumanrightsblog.com
Female genital mutilation: a breach in the UK’s duty of care? – Halsbury’s Law Exchange
‘A report by the Home Affairs Committee (HAC) is a response to what it calls the “ongoing national scandal” of female genital mutilation (FGM). FGM is the mutilation of the genitalia of young women and girls for non-medical reasons. The history of FGM in the UK makes for sobering and shocking reading. It is estimated that 170,000 women and girls are living with the legacy of FGM in this country and 65,000 girls aged 13 or under are at this moment at risk of mutilation. Despite having been criminalised here in 1985, there has not been a single successful prosecution.’
Halsbury’s Law Exchange, 18th July 2014
Source: www.halsburyslawsexchange.co.uk
‘Cannibal’ nurse guilty of grooming underage girl – The Guardian
‘A nurse with a cannibalism fetish has been found guilty of trying to meet a 14-year-old girl after sexually grooming her online and promising to behead and eat her.
The Guardian, 21st July 2014
Source: www.guardian.co.uk
Trouble out west – NearlyLegal
‘In O’Brien v Bristol CC [2014] EWHC 2423 (Admin) [heard at the RCJ instead of in the Bristol admin court? Not on Bailii yet but we have seen a transcript], a range of issues arose out of the council’s decision to seek and obtain a possession order of an unauthorised encampment below the M5 at Avonmouth. The real aim of this judicial review, though, was not the possession order, but the council’s decision not to allow the O’Brien’s and their four caravans to return to the temporary transit site, which had available pitches. The O’Briens had stayed at that temporary site for the allowable period (13 weeks) and had been entitled to overstay on the ground of exceptional circumstances for a period. They then moved off and ended up at the M5 site. The O’Briens had also made a homelessness application and been offered interim bricks and mortar accommodation. The council’s officer had considered whether to allow the O’Briens back on to the transit site but decided against it for what would have been an indefinite period and which would have set a precedent for allowing extended stays in breach of planning controls. The O’Briens’ were unsuccessful on the merits although Burnett J did give permission to bring the judicial review’
NearlyLegal, 19th July 2014
Source: www.nearlylegal.co.uk
Google “Right to be forgotten” – freedom of expression v privacy – Halsbury’s Law Exchange
‘In the context of the draft EU General Data Protection Regulations (the Draft Regulations) – which will replace the current EU Data Protection Directive 95/46/EC (the Directive) – should the European Court of Justice’s (ECJ) Google Spain “Right to be forgotten” ruling be welcomed? Is it testing the “right to be forgotten” contained in the Draft Regulations before it is enshrined in legislation, or does it simply amount to the clumsy implementation of a “new” right without a democratic debate on its wider implications?’
Halsbury’s Law Exchange, 17th July 2014
Source: www.halsburyslawexchange.co.uk
Cary v Commissioner of Police of the Metropolis (Equality and Human Rights Commission intervening) – WLR Daily
‘The Court of Appeal gave guidance as to the procedure for the appointment of assessors in discrimination cases under the Equality Act 2010.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
Regina v Mehmedov – WLR Daily
Regina v Mehmedov [2014] EWCA Crim 1523; [2014] WLR (D) 325
‘A certificate of a conviction in a member state of the European Union was admissible in evidence under section 73(1) of the Police and Criminal Act 1984 even where the conviction preceded the accession of the member state concerned to the European Union.’
WLR Daily, 18th July 2014
Source: www.iclr.co.uk
Will Drip law make UK citizens’ data more attractive to hackers? – The Guardian
‘The Data Retention and Investigatory Powers (Drip) bill that yesterday cleared the House of Lords will make companies holding UK citizens’ communications data far more attractive to criminal hackers, a security expert has warned.’
The Guardian, 18th July 2014
Source: www.guardian.co.uk
