Newham London Borough Council v Ali and others – WLR Daily

Posted May 29th, 2014 in appeals, injunctions, law reports, local government, planning by michael

Newham London Borough Council v Ali and others [2014] EWCA Civ 676;  [2014] WLR (D)  223

‘A substantial breach of a planning obligation under section 106 of the Town and Country Planning Act 1990 would normally justify the grant of an injunction sought pursuant to section 106(5) unless relief ought to be withheld on equitable principles because of the local planning authority’s actions. The existence of an outstanding planning appeal would generally be irrelevant to whether an injunction should be granted, but the judge nevertheless had the power to suspend the injunction where it was fair, just and reasonable to do so.’

WLR Daily, 19th May 2014

Source: www.iclr.co.uk

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) – WLR Daily

Posted May 29th, 2014 in appeals, employment, law firms, law reports, limited liability partnerships, partnerships, whistleblowers by michael

Bates van Winkelhof v Clyde & Co LLP (Public Concern at Work intervening) [2014] UKSC 32;  [2014] WLR (D)  222

‘An equity member of a limited liability partnership was a “worker” within the meaning of section 230(3)(b) of the Employment Rights Act 1996 and therefore the employment tribunal had jurisdiction to hear a claim brought by the equity member against the partnership under section 47B of the Act, as inserted.’

WLR Daily, 21st May 2014

Source: www.iclr.co.uk

FCA review of insurance brokers’ conflict handling shows that “more proactive approach” is needed, says expert – OUT-LAW.com

Posted May 29th, 2014 in conflict of interest, consumer protection, financial regulation, insurance, news, reports, small businesses by michael

‘The Financial Conduct Authority (FCA) found that some of the largest brokers that serve small businesses did not have proper processes in place to manage the “inherent conflicts” that arise as part of their work.’

Full story

OUT-LAW.com, 29th May 2014

Source: www.out-law.com

Couple who kept 19 dogs lose fight to have children returned from foster care – The Guardian

Posted May 29th, 2014 in appeals, care orders, dogs, news, parental rights by michael

‘A couple who kept 19 dogs have lost a family court fight for the return of their two children.’

Full story

The Guardian, 29th May 2014

Source: www.guardian.co.uk

Uber app taxi row referred to London’s High Court – BBC News

Posted May 29th, 2014 in courts, fees, industrial action, licensing, news, taxis by michael

‘London’s transport authority has announced it does not believe Uber’s car service is breaking the law by using an app to determine charges.’

Full story

BBC News, 29th May 2014

Source: www.bbc.co.uk

‘Catch Me If You Can’ fugitive on the run once again – Daily Telegraph

Posted May 29th, 2014 in early release, fugitive offenders, news, parole, recidivists by michael

‘A robber who went on the run and taunted police with ‘Catch Me If You Can’-style messages has disappeared again after being granted early release.’

Full story

Daily Telegraph, 28th May 2014

Source: www.telegraph.co.uk

Legal Aid Agency may have to bear cost of expert fees – New Law Journal

Posted May 29th, 2014 in costs, expert witnesses, fees, legal aid, news, reports by michael

‘The Legal Aid Agency—formally known as the Legal Service Commission (LSC) —was wrong to refuse to pay the full cost of an expert witness report ordered for a child by the family court.’

Full story

New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

Capita: lost in translation? – New Law Journal

Posted May 29th, 2014 in courts, interpreters, judges, news, trials by michael

‘A top judge has slated the performance of Capita, the providers of the court interpreting service, after a hearing had to be adjourned when interpreters failed to turn up.’

Full story

New Law Journal, 28th May 2014

Source: www.newlawjournal.co.uk

BAILII: Recent Decisions

Posted May 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Clayton & Anor v R [2014] EWCA Crim 1030 (23 May 2014)

Court of Appeal (Civil Division)

Birmingham Hippodrome Theatre Trust Ltd v Revenue And Customs [2014] EWCA Civ 684 (22 May 2014)

Hone & Ors v Abbey Forwarding Ltd & Anor [2014] EWCA Civ 711 (23 May 2014)

Collins v Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 (23 May 2014)

Dar Al Arkan Real Estate Development Co & Anor v Al Refai & Ors [2014] EWCA Civ 715 (23 May 2014)

C (N, W & H), Re [2014] EWCA Civ 705 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWCA Civ 708 (23 May 2014)

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716 (23 May 2014)

High Court (Chancery Division)

Contrarian Funds Llc v Lomas & Ors [2014] EWHC 1687 (Ch) (23 May 2014)

High Court (Queen’s Bench Division)

Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice & Ors [2014] EWHC 1662 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

High Court (Administrative Court)

Jones, R (on the application of) v Judicial Appointments Commission [2014] EWHC 1680 (Admin) (23 May 2014)


Revenue And Customs, R (On the Application Of) v HM Coroner for the City of Liverpool [2014] EWHC 1586 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

X (A Child) (care and placement orders) [2014] EWFC B59 (09 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) (23 May 2014)

High Court (Commercial Court)

BM Amro Commercial Finance Plc v McGinn & Ors [2014] EWHC 1674 (Comm) (23 May 2014)

High Court (Patents Court)

Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) (23 May 2014)

Source: www.bailii.org

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Posted May 28th, 2014 in disclosure, law firms, law reports, limited liability partnerships, whistleblowers by sally

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Distinctive behaviour – New Law Journal

Posted May 28th, 2014 in disclosure, divorce, fraud, news by sally

‘Kirstie Gibson considers allegations of non-disclosure, misconduct & adverse inferences.’

Full story

New Law Journal, 23rd May 2014

Source: www.newlawjournal.co.uk

Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Re B-S and the Perils of the ‘Balance Sheet’ Approach – Family Law Week

Posted May 28th, 2014 in care orders, children, families, human rights, local government, news, proportionality by sally

‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’

Full story

Family Law Week, 23rd May 2014

Source: www.familylawweek.co.uk

New sentencing guidelines bring increased focus to the impact of fraud on victims – Sentencing Council

Posted May 28th, 2014 in bribery, fraud, money laundering, news, sentencing by sally

‘The Sentencing Council has published a new guideline for how people convicted of fraud, money laundering and bribery should be sentenced.’

Full story

Sentencing Council, 23rd May 2014

Source: www.sentencingcouncil.judiciary.gov.uk

Hate crime: should the current offences be extended? – Law Commission

Posted May 28th, 2014 in criminal justice, gender, hate crime, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, Law Commission, news by sally

In a report published today the Law Commission recommends reforms to ensure that the criminal justice system is able to make a stronger and more coherent response to hate crime.

Full story

Law Commission, 28th May 2014

Source: www.lawcommission.justice.gov.uk

Richard III: fairness and public interest litigation – UK Human Rights Blog

Posted May 28th, 2014 in burials and cremation, judicial review, news, public interest, royal family by sally

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

Full story

UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

How people resolve ‘legal’ problems – Legal Services Board

Posted May 28th, 2014 in legal services, Legal Services Board, news, statistics by sally

‘The Legal Services Board commissioned Professor Pascoe Pleasence and Dr Nigel Balmer to produce a statistical analysis of existing legal needs survey data to understand how consumers demographics, attitudes, capabilities and beliefs impact on their response to legal problems. How people resolve legal problems presents the findings of this analysis.’

Full story

Legal Services Board, 22nd May 2014

Source: www.legalservicesboard.org.uk

Reforming the regulation of taxis and private hire vehicles – Law Commission

Posted May 28th, 2014 in Law Commission, licensing, news, taxis by sally

‘Taxis and private hire services, which include minicabs, are an essential link in the transport network of England and Wales, with passengers spending in excess of £2.5 billion a year on fares.’

Full story

Law Commission, 23rd May 2014

Source: www.lawcommission.justice.gov.uk