New Deepcut inquest to be held into death of Cheryl James – BBC News
‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’
BBC News, 18th July 2014
Source: www.bbc.co.uk
Banking sector faces wide-ranging review by finance watchdog – The Guardian
‘Britain’s big four high street banks could be forced to break themselves up after the competition watchdog signalled its intention to launch a sweeping investigation into the £10bn-a-year sector.’
The Guardian, 18th July 2014
Source: www.guardian.co.uk
Insurance Contract Law – Law Commission
‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’
Law Commission, 17th July 2014
Source: www.justice.gov.uk/lawcommission
Data Retention & Investigatory Powers Bill receives Royal Assent – Home Office
‘Legislation to ensure UK law enforcement and intelligence agencies continue to have access to the vital evidence and information they need to investigate criminal activity, prevent terrorism and protect the public has today (Thursday 17 July) received Royal Assent.’
Home Office, 17th July 2014
Source: www.gov.uk/home-office
Recent Statutory Instruments – legislation.gov.uk
The Double Taxation Relief and International Tax Enforcement (Japan) Order 2014
The Double Taxation Relief and International Tax Enforcement (Iceland) Order 2014
The Inspectors of Education, Children’s Services and Skills (No. 6) Order 2014
The Double Taxation Relief and International Tax Enforcement (Zambia) Order 2014
The Double Taxation Relief and International Tax Enforcement (Belgium) Order 2014
The Double Taxation Relief (Federal Republic of Germany) Order 2014
The Legal Services Act 2007 (Approved Regulator) Order 2014
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2014
The Port Security (Port of Londonderry) Designation Order 2014
The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014
The Human Medicines (Amendment) (No. 2) Regulations 2014
The Lincolnshire County Council (River Witham Bridge) Scheme 2013 Confirmation Instrument 2014
The Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 2014
Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily
‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’
WLR Daily, 16th July 2014
Source: www.iclr.co.uk
YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily
‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’
WLR Daily, 17th July 2014
Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’
WLR Daily, 16th july 2014
Source: www.iclr.co.uk
Regina (Afzaal) v Secretary of State for the Home Department – WLR Daily
‘Immigration rules, made pursuant to section 3(2) of the Immigration Act 1971, specified the conditions to be attached in the case of a student clearance visa and no further administrative action to impose a condition was required. The description of the relevant entry clearance as a tier 4 general student clearance followed by the reference number of the sponsor body, and its repetition in conjunction with the other obligatory conditions, was sufficient endorsement of the condition for the purposes of the Immigration (Leave to Enter and Remain) Order 2000.’
WLR Daily, 9th July 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
FHR European Ventures LLP & Ors v Cedar Capital Partners LLC [2014] UKSC 45 (16 July 2014)
Court of Appeal (Civil Division)
Mercer Ltd & Anor v Ballinger & Anor [2014] EWCA Civ 996 (17 July 2014)
H, Re [2014] EWCA Civ 989 (17 July 2014)
O v The Secretary of State for the Home Department [2014] EWCA Civ 990 (17 July 2014)
Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)
NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014)
Court of Appeal (Criminal Division)
West, Re [2014] EWCA Crim 1480 (17 July 2014)
JG & Ors, R v [2014] EWCA Crim 1521 (17 July 2014)
High Court (Administrative Court)
Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin) (17 July 2014)
High Court (Chancery Division)
Westbrook Dolphin Square Ltd v Friends Life Ltd [2014] EWHC 2433 (Ch) (17 July 2014)
High Court (Commercial Court)
Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 2379 (Comm) (16 July 2014)
Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm) (16 July 2014)
Source: www.bailii.org
Solicitor suspended over boiler-room scam – Law Society’s Gazette
‘A solicitor involved in a boiler-room scam to push financial products to clients has been suspended from practice for 18 months.’
Law Society’s Gazette, 17th July 2014
Source: www.lawgazette.co.uk
A bill to abolish chancel repair liability has been successfully introduced into the House of Lords – Law Society’s Gazette
‘The proposed legislation seeks to ‘end the liability of lay rectors for the repair of chancels’ – in other words abolishing the demands for landowners to fund repairs to their parish church.’
Law Society’s Gazette, 17th July 2014
Source: www.lawgazette.co.uk
Local Authority Focus – July 2014 – Family Law Week
‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’
Family Law week, 17th July 2014
Source: www.familylawweek.co.uk
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
‘On-the-run’ scheme flawed but not unlawful, inquiry finds – The Guardian
‘The post-Troubles scheme devised to reassure Irish republican “on-the-runs” (OTRs) that they were no longer wanted by the police was lawful and did not give terrorist suspects an amnesty, an independent review has concluded.’
The Guardian, 17th July 2014
Source: www.guardian.co.uk
Teacher who jokingly threatened pupil with a knife banned for two years – The Guardian
‘A teacher who put his arm around a pupil’s neck while holding a knife and jokingly threatened to kill him for giving a wrong answer has been banned from the classroom for two years.’
The Guardian, 17th July 2014
Source: www.guardian.co.uk
Electoral Commission ‘failed to probe crooked Lib Dem donor’ – BBC News
‘The Electoral Commission is refusing to apologise after a watchdog ruled it had failed to properly investigate a Lib Dem donor later convicted of fraud.’
BBC news, 17th July 2014
Source: www.bbc.co.uk
Former Newcastle United footballer Nile Ranger fined for damaging door – BBC News
‘Footballer Nile Ranger has been fined for repeatedly kicking a jammed door at his penthouse flat in Swindon.’
BBC News, 17th July 2014
Source: www.bbc.co.uk
Terrorism laws watchdog issues warning over security services scrutiny – The Guardian
‘David Anderson says privacy and civil liberties board that is planned to replace his job must have unfettered access.’
The Guardian, 17th July 2014
Source: www.guardian.co.uk
Man and former wife abused their children, court hears – BBC News
‘A separated couple have been convicted of sexually and physically abusing their children. The man and his former wife were convicted of sexual and physical assaults on children in the Merthyr Tydfil and Caerphilly areas but cleared of rape. A second man was acquitted.’
BBC News, 17th July 2014
Source: www.bbc.co.uk
