BAILII: Recent Decisions
Court of Appeal (Civil Division)
P (A Child) [2014] EWCA Civ 1174 (15 August 2014)
G (A Child) [2014] EWCA Civ 1173 (15 August 2014)
Source: www.bailii.org
British arms sales to Israel face high court challenge – The Guardian
‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’
The Guardian, 16th August 2014
Source: www.guardian.co.uk
Ex-Greater Manchester Police officer jailed for rape of a child – BBC News
‘A retired police officer has been jailed for raping and sexually abusing a child.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
Leanne Meecham murder: Stepfather Simon Meecham jailed – BBC News
‘A “jealous” man convicted of the murder of his stepdaughter, who was also his former lover, has been jailed for life with a minimum term of 22 years.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian
‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’
The Guardian, 17th August 2014
Source: www.guardian.co.uk
£230m wasted on needlessly holding people on remand, says Howard League – The Guardian
‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
Senior managers ‘personally liable’ for anti-money laundering check failings at money service businesses, says HMRC – OUT-LAW.com
‘Senior managers at ‘money service businesses’ face up to two years imprisonment and an unlimited fine if their neglect leads to money laundering or terrorist financing activities, HM Revenue & Customs (HMRC) has warned.’
OUT-LAW.com, 14th August 2014
Source: www.out-law.com
Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog
‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’
UK Human Rights Blog, 12th August 2014
Source: www.ukhumanrightsblog.com
Report of the Financial Remedies Working Group, 31 July 2014 – Judiciary of England & Wales
‘The Financial Remedies Working Group was established by the President of the Family Division in June 2014. Chaired by Nicholas Mostyn J and Stephen Cobb J, its task being described in the “View from the President’s Chambers (number 12)” as being two-fold: “to explore ways of improving the accessibility of the system for litigants in person and to identify ways of further improving good practice in financial remedy cases…. confined to matters of practice and procedure”.’
Judiciary of England and Wales, 14th August 2014
Source: www.judiciary.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Prison and Young Offender Institution (Amendment) Rules 2014
The Independent Inspectorates (Education and Boarding Accommodation) Regulations 2014
The Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) (Revocation) (England) Order
Source: www.legislation.gov.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Roope v District Court for Prague 1, Czech Republic [2014] EWHC 2801 (Admin) (13 August 2014)
High Court (Family Division)
MD v AA & Anor [2014] EWHC 2756 (Fam) (31 July 2014)
High Court (Queen’s Bench Division)
Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)
High Court (Technology and Construction Court)
Harrison & Ors v Shepherd Homes Ltd & Ors [2014] EWHC 2786 (TCC) (06 August 2014)
Source: www.bailii.org
Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette
‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’
Law Society’s Gazette, 13th August 2014
Source: www.lawgazette.co.uk
Andy Coulson eligible for move from Belmarsh prison – The Guardian
‘Andy Coulson, David Cameron’s former director of communications, looks set to be moved from high-security Belmarsh prison after finally being classified as posing no risk to society.’
The Guardian, 14th August 2014
Source: www.guardian.co.uk
Police forced to name undercover officers who duped women – The Guardian
‘Metropolitan police lose legal fight over keeping secret the names of officers who fathered children with their ‘targets’
The Guardian, 15th August 2014
Source: www.guardian.co.uk
Ben Ashford found not guilty after trawling stolen phone for ‘flirty’ texts – The Guardian
‘A former Sun journalist has walked free from the Old Bailey after he was cleared of all charges levelled against him after he looked through the contents of an iPhone that did not belong to him.’
The Guardian, 13th August 2014
Source: www.guardian.co.uk
April Jones killer denied compensation for jail attack – Daily Telegraph
‘Mark Bridger is refused permission to move prisons and is also denied compensation after he was slashed across the face by a fellow inmate.’
Daily Telegraph, 13th August 2014
Source: www.telegraph.co.uk
Who Owns the Copyright in my Website? – Zenith Chambers
‘“I have paid a developer handsomely for my company’s website so my company owns the Copyright? Right?” Well, not exactly.
The question itself is predicated on a totally incorrect assumption of legal principle of their being a single copyright pertaining to a single site. When considered carefully, a website may consist of a large number of separate elements including music (or jingles), text, photographs, the font of the characters making up the site, colours, style, “look and feel”, language, sequence in which the web pages appear, forms, drawings and designs, and not forgetting the domain name itself. Each and every-one of those features attracts its own copyright and a website might therefore be correctly regarded as a ‘bundle’ of different rights protected separately by copyright law. How does this work? Let us begin by considering any music appearing on the website.’
Zenith Chambers, 12th August 2014
Source: www.zenithchambers.co.uk
Yeovil ‘singing lessons’ paedophile Paul Francis jailed – BBC News
‘A paedophile who gave out hand-written posters offering singing lessons in order to groom children has been jailed for four years.’
Full story
BBC News, 13th August 2014
Source: www.bbc.co.uk
Keyword advertising must not cause financial promotions to fall foul of compliance standards, warns FCA – OUT-LAW.com
‘Financial services companies have been warned to review their use of online keyword advertising after the City regulator said it can lead to financial promotions being deemed to be misleading.’
OUT-LAW.com, 13th August 2014
Source: www.out-law.com
Leanne Meecham death: Stepfather guilty of murder – BBC News
‘A man has been found guilty of the “violent and vicious” murder of his stepdaughter, who was also his former lover.’
BBC News, 13th August 2014
Source: www.bbc.co.uk
