Schedule 7 Code of Practice – Home Office
‘Consultation on changes made to Schedule 7 to the Terrorism Act 2000 by the Anti-Social Behaviour, Crime and Policing Act 2014.’
Home Office, 15th April 2014
Source: www.gov.uk/home-office
Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog
‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’
UK Human Rights Blog, 15th April 2014
Source: www.ukhumanrightsblog.com
Spoiling the Broth – NearlyLegal
‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’
NearlyLegal, 13th April 2014
Source: www.nearlylegal.co.uk
Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily
‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’
WLR Daily, 9th April 2014
Source: www.iclr.co.uk
Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily
‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’
WLR Daily, 8th April 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 472 (15 April 2014)
Court of Appeal (Criminal Division)
Gary Hyde v The Queen [2014] EWCA Crim 713 (15 April 2014)
High Court (Administrative Court)
E v Secretary of State for the Home Department [2014] EWHC 1030 (Admin) (15 April 2014)
High Court (Chancery Division)
Kaneria v Kaneria & Ors [2014] EWHC 1165 (Ch) (15 April 2014)
Christophorus 3 Ltd & Anor, Re [2014] EWHC 1162 (Ch) (15 April 2014)
Balevents Ltd & Anor v Sartori [2014] EWHC 1164 (Ch) (15 April 2014)
Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014)
Gaydamak v Leviev [2014] EWHC 1167 (Ch) (15 April 2014)
High Court (Family Division)
P (A Child), Re [2014] EWHC 1146 (Fam) (15 April 2014)
London Borough of Haringey v Musa [2014] EWHC 1200 (Fam) (11 April 2014)
High Court (Queen’s Bench Division)
Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)
Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)
High Court (Technology and Construction Court)
MT Højgaard A/s v E.ON Climate And Renewables & Ors [2014] EWHC 1088 (TCC) (15 April 2014)
Source: www.bailii.org
Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette
‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’
Law Society’s Gazette, 16th April 2014
Source: www.lawgazette.co.uk
Callum Wilson murder: Mum Emma Wilson sentence increased – BBC News
‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’
BBC News, 15th April 2014
Source: www.bbc.co.uk
Crohn’s patient Lizzie Rose loses egg-freezing case – BBC News
‘A woman with Crohn’s disease has lost a legal challenge against a decision to refuse NHS funding to freeze her eggs.’
BBC News, 15th April 2014
Source: www.bbc.co.uk
War Horse musicians lose court bid for reinstatement – The Guardian
‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’
The Guardian, 15th April 2014
Source: www.guardian.co.uk
Woman woke up on operating table as surgeons prepared to remove appendix – Daily Telegraph
‘A woman who woke up on the operating table as surgeons prepared to remove her appendix but was unable to scream out, has won damages from the hospital responsible for the anaesthetic error.’
Daily Telegraph, 15th April 2014
Source: www.telegraph.co.uk
Fraudster jailed for £4m boiler room scam – Daily Telegraph
‘John Curtin, one of five conspirators convicted for their roles in a £4 million boiler room scam, was jailed for three years yesterday. The 38 year old was the last of the five conspirators to be jailed. Brian James O’Brien, Lynne Jane D’Albertson, James Py and Damien Rodney Smith were sentenced in 2012.’
Daily Telegraph, 15th April 2014
Source: www.telegraph.co.uk
Weber v Weber – WLR Daily
Weber v Weber: (Case C-438/12); [2014] WLR (D) 165
‘There fell within the category of proceedings which had as their object “rights in rem in immovable property”, within the meaning of article 22(1) of Council Regulation (EC) No 44/2001, an action brought before the courts of another member state, seeking a declaration of invalidity of the exercise of a right of pre-emption attaching to that property and which produced effects with respect to all the parties. Before staying its proceedings in accordance with article 27(1) of Regulation No 44/2001, the court second seised was required to examine whether, by reason of a failure to take into consideration the exclusive jurisdiction laid down in article 22(1) thereof, the decision of the court first seised would be recognised in the other member states in accordance with article 35(1) of that Regulation.’
WLR Daily, 3rd April 2014
Source: www.iclr.co.uk
Director of Public Prosecutions v Issler and others – WLR Daily
Director of Public Prosecutions v Issler and others: [2014] EWHC 669 (Admin); [2014] WLR (D) 164
‘For the purposes of the Road Vehicle (Construction and Use) Regulations 1986 and the Road Vehicles Lighting Regulations 1989 a vehicle used for “ambulance purposes” had to be capable of conveying sick, injured or disabled persons and do so with such frequency that that core activity might fairly and properly be designated as its primary use.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Kershaw v Roberts and another – WLR Daily
Kershaw v Roberts and another: [2014] EWHC 1037 (Ch); [2014] WLR (D) 168
‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’
WLR Daily, 10th April 2014
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2014
The Social Security (Contributions) (Amendment No. 3) Regulations 2014
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014
The Plant Health (England) (Amendment) Order 2014
The Dentists Act 1984 (Medical Authorities) Order 2014
The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2014
The National Health Service (Clinical Negligence Scheme) (Amendment) Regulations 2014
The National Health Service (Property Expenses Scheme) (Amendment) Regulations 2014
The National Health Service (Liabilities to Third Parties Scheme) (Amendment) Regulations 2014
The Legislative and Regulatory Reform Code of Practice (Appointed Day) Order 2014
The Local Audit and Accountability Act 2014 (Commencement No. 2) Order 2014
The Local Government Finance Act 2012 (Transitional Provisions) Order 2014
The Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2014
The European Parliamentary Elections (Amendment) Regulations 2014
The Police and Crime Commissioner Elections (Amendment) Order 2014
The Childcare (Welfare and Registration Requirements) (Amendment) Regulations 2014
The Social Security (Habitual Residence) (Amendment) Regulations 2014
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2014
The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2014
The Stamp Duty and Stamp Duty Reserve Tax (Exchange Traded Funds) (Exemption) Regulations 2014
The Network Rail (Norton Bridge Area Improvements) Order 2014
The High Court and County Court Jurisdiction (Amendment) Order 2014
The Immigration and Nationality (Fees) Regulations 2014
The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014
The Legal Officers (Annual Fees) (Amendment) Order 2014
The Legal Officers (Annual Fees) Order 2014
Source: www.legislation.gov.uk
Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer
‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’
Local Government Lawyer, 14th April 2014
Source: www.localgovernmentlawyer.co.uk
Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures
‘The Civil Procedure Rule Committee (CPRC) has reassured litigators that the new version of the costs management rule coming into force on 22 April will not accidentally catch Commercial Court and other Rolls Building cases being brought into the regime retrospectively.’
Litigation Futures, 14th April 2014
Source: www.litigationfutures.com
Expert questions UK chancellor’s proposed ‘strict liability’ criminal offence for taxable funds held offshore – OUT-LAW.com
‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’
OUT-LAW.com, 14th April 2014
Source: www.out-law.com
