Regina (Grace) v Secretary of State for the Home Department – WLR Daily

Posted June 13th, 2014 in civil procedure rules, immigration, judicial review, law reports by sally

Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249

‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’

WLR Daily, 9th June 2014

Source: www.iclr.co.uk

Kruppa v Benedetti and another – WLR Daily

Posted June 13th, 2014 in arbitration, interpretation, jurisdiction, law reports by sally

Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250

‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 13th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Okedare, R v [2014] EWCA Crim 1173 (15 May 2014)

High Court (Administrative Court)

Lord Mayor And Citizens of the City of Westminster v The Secretary of State for Communities And Local Government & Anor [2014] EWHC 1234 (Admin) (10 June 2014)

Clark v Secretary of State for the Home Department & Anor [2014] EWHC 1879 (Admin) (10 June 2014)

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

Mujaranji, R (On the Application Of) v Secretary of state For the home department [2012] EWHC 4408 (Admin) (18 May 2012)

High Court (Commercial Court)

Kruppa v Benedetti & Anor [2014] EWHC 1887 (Comm) (11 June 2014)

High Court (Technology and Construction Court)

Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)

Source: www.bailii.org

On the naughty step: The unacceptable face of London landlords – NearlyLegal

Posted June 13th, 2014 in benefits, housing, landlord & tenant, leases, news, rent, unfair contract terms by sally

‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’

Full story

NearlyLegal, 12th June 2014

Source: www.nearlylegal.co.uk

Offenders caught with knife a second time could face six months in jail – The Guardian

Posted June 13th, 2014 in news, offensive weapons, sentencing by sally

‘A plan to jail any offender caught in possession of a knife for a second time is likely to pass into law next week after the Conservatives announced they are to defy the Liberal Democrats to support the measure.’

Full story

The Guardian, 12th June 2014

Source: www.guardian.co.uk

Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com

Posted June 13th, 2014 in customs and excise, fraud, judicial review, news, search & seizure, taxation by sally

‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’

Full story

OUT-LAW.com, 12th June 2014

Source: www.out-law.com

BSB bids to improve barristers’ reporting of certain diversity data – from abysmal to awful – Legal Futures

Posted June 13th, 2014 in barristers, diversity, news, statistics by sally

‘The Bar Standards Board has set itself a minimum target of 30% for diversity data collection from barristers on sexuality, religion and disability.’

Full story

Legal Futures, 13th June 2014

Source: www.legalfutures.co.uk

‘Monster’ sergeant major jailed for sexually assaulting lesbian soldier – Daily Telegraph

Posted June 13th, 2014 in armed forces, courts martial, news, sentencing, sexual offences by sally

‘A “monster” sergeant major has been jailed for two-and-a-half years for sexually assaulting a lesbian soldier following a drink-fuelled party, in an attack which left her considering suicide.’

Full story

Daily Telegraph, 12th June 2014

Source: www.telegraph.co.uk

Appeal court raises murder jail term of Adam Singer – BBC News

Posted June 13th, 2014 in appeals, domestic violence, murder, news, sentencing by sally

‘A father who killed his ex-girlfriend while their young daughter slept upstairs has had his minimum jail term increased at the Court of Appeal to 23 years.’

Full story

BBC News, 12th June 2014

Source: www.bbc.co.uk

Trial of AB and CD part of creeping move towards secret justice – The Guardian

Posted June 13th, 2014 in closed material, intelligence services, murder, news, private hearings, terrorism by sally

‘The case of AB and CD has been widely described as “Britain’s first secret trial”. It would be more accurately described as the latest of a number of creeping moves towards secret justice.’

Full story

The Guardian, 12th June 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 12th, 2014 in law reports by sally

Court of Appeal (Civil Division)

W (A Child) [2014] EWCA Civ 772 (11 June 2014)

Jet2.com Ltd v Huzar [2014] EWCA Civ 791 (11 June 2014)

F (A Child), Re [2014] EWCA Civ 789 (12 June 2014)

Sub One Ltd (t/a Subway) v HM Revenue and Customs [2014] EWCA Civ 773 (10 June 2014)

Scotland & Anor v British Credit Trust Ltd [2014] EWCA Civ 790 (10 June 2014)

High Court (Queen’s Bench Division)

Mitchell v News Group Newspapers Ltd [2014] EWHC 1885 (QB) (11 June 2014)

AB v Ministry of Justice [2014] EWHC 1847 (QB) (11 June 2014)

Oldham Metropolitan Borough Council v Worldwide Marketing Solutions Ltd & Anor [2014] EWHC 1910 (QB) (11 June 2014)

Ministry of Defence v Blythe [2013] EWHC 1422 (QB) (02 May 2013)

Aziz v Ali & Ors [2014] EWHC 1846 (QB) (09 June 2014)

Dalton v Gough Cooper & Company Ltd [2014] EWHC 1556 (QB) (16 May 2014)

Page v Champion Financial Managementltd & Ors [2014] EWHC 1778 (QB) (06 June 2014)

High Court (Administrative Court)

Bailey, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1078 (Admin) (25 February 2014)

Chikasha, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1071 (Admin) (07 February 2014)

Tabrizagh & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1914 (Admin) (11 June 2014)

World Society for the Protection of Animals v Welsh Ministers & Ors [2014] EWHC 1896 (Admin) (12 June 2014)

Sanger & Anor v London Borough of Newham [2014] EWHC 1922 (Admin) (12 June 2014)

Clark v Secretary of State for the Home Department & Anor [2014] EWHC 1879 (Admin) (10 June 2014)

McIntyre v Government of the United States of America and the Home Secretary [2014] EWHC 1886 (Admin) (10 June 2014)

Gu v Secretary of State for the Home Department [2014] EWHC 1634 (Admin) (20 May 2014)

Source: www.bailii.org

Supreme Court reduces religious no-go area for courts – UK Human Rights Blog

Posted June 12th, 2014 in appeals, charities, jurisdiction, news, Supreme Court, trusts by sally

‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’

Full story

UK Human Rights Blog, 11th June 2014

Source: www.ukhumanrightsblog.com

Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures

Posted June 12th, 2014 in appeals, case management, courts, fees, news, sanctions, solicitors by sally

‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’

Full story

Litigation Futures, 12th June 2014

Source: www.litigationfutures.com

Nominet’s new rules on .uk domains could mean the end to users’ privacy – The Guardian

Posted June 12th, 2014 in disclosure, domain names, internet, news, privacy by sally

‘Since Tuesday, running a personal website has become a privacy minefield for people using .uk domain names. A recent rule change by Nominet, the company which manages the .uk registry, means that domain name owners whose home addresses were previously kept private may now be publicly visible in online searches. People setting up domain names through Nominet must now also show their full legal personal or business name on the public registration database.’

Full story

The Guardian, 11th June 2014

Source: www.guardian.co.uk

Woman left partially blinded in appalling assault by father-in-law who believed she had had affair – The Independent

Posted June 12th, 2014 in families, grievous bodily harm, news, personal injuries, sentencing by sally

‘A father-in-law has been jailed after inflicting appalling and severe injuries on a family member, almost blinding her, after flying into a crazed revenge attack over adultery that he believed that she had committed.’

Full story

The Independent, 11th June 2014

Source: www.independent.co.uk

Ombudsman finds Bedfordshire man failed by council and health service – BBC News

Posted June 12th, 2014 in compensation, local government, mental health, news, ombudsmen, social services by sally

‘Health and social care officials have been criticised for letting a severely mentally ill patient live in “squalor”.’

Full story

BBC News, 12th June 2014

Source: www.bbc.co.uk

Phone hacking trial: After eight months, jury today begins sifting the mountain of evidence – The Independent

Posted June 12th, 2014 in conspiracy, documents, evidence, interception, juries, media, misfeasance in public office, news, perverting the course of justice, telecommunications by sally

‘They are the two words the jury in the phone hacking trial may have waited months to hear. At 3.15pm in court 12 of the Old Bailey, Mr Justice Saunders said: “And finally.”’

Full story

The Independent, 12th June 2014

Source: www.independent.co.uk

‘Secret’ terror trial ruling due at Old Bailey – BBC News

Posted June 12th, 2014 in anonymity, appeals, news, private hearings, public interest, reporting restrictions, terrorism, trials by sally

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

Full story

BBC News, 12th June 2014

Source: www.bbc.co.uk

Currency market rigging could become criminal offence – The Guardian

Posted June 12th, 2014 in crime, financial regulation, news by sally

‘Rigging the foreign exchange, bond and commodity markets could become a criminal offence, the government will warn the City on Thursday as part of its latest effort to clean up the financial markets after a wave of scandals and allegations relating to key benchmarks.’

Full story

The Guardian, 11th June 2014

Source: www.guardian.co.uk

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily

Posted June 11th, 2014 in conflict of laws, EC law, jurisdiction, law reports, trade marks by sally

Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV (Case C‑360/12); ECLI:EU:C:2014:911; [2014] WLR (D) 243

‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’

WLR Daily, 5th June 2014

Source: www.iclr.co.uk