Legal complaint filed against GCHQ ‘hacking’ – BBC News

‘Privacy campaigners are seeking to stop GCHQ using “unlawful hacking” to help its surveillance efforts.’

Full story

BBC News, 13th May 2014

Source: www.bbc.co.uk

Man convicted of grooming teenage girls online escapes jail – The Independent

Posted May 14th, 2014 in child abuse, internet, news, rehabilitation, sentencing, sexual grooming by sally

‘A man who groomed girls as young as 12 on social networking sites and watched them strip on Skype has escaped a jail sentence. MPs and charities branded the sentence “appalling”. The case has been referred to Attorney General Dominic Grieve.’

Full story

The Independent, 14th May 2014

Source: www.independent.co.uk

Google ruling, Pfizer boss grilled and World Cup ‘Rio-bocops’ – BBC News

Posted May 14th, 2014 in EC law, freedom of expression, internet, news, privacy by sally

‘There are mixed reactions in the press to a ruling by European judges over what has been dubbed the “right to be forgotten” on the internet.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

ICC to examine claims that British troops carried out war crimes in Iraq – The Guardian

‘Allegations that British troops were responsible for a series of war crimes after the invasion of Iraq are to be examined by the international criminal court (ICC) at The Hague, the specialist tribunal has announced.’

Full story

The Guardian, 13th May 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 13th, 2014 in law reports by sally

Supreme Court

A v British Broadcasting Corporation (Scotland) [2014] UKSC 25 (08 May 2014)

Court of Appeal (Civil Division)

R (A Child) [2014] EWCA Civ 597 (08 May 2014)

High Court (Administrative Court)

Privacy International, R (On the Application Of) v The Commissioner for HM Revenue & Customs [2014] EWHC 1475 (Admin) (12 May 2014)

Stone & Anor v Secretary of State for Communities And Local Government & Anor [2014] EWHC 1456 (Admin) (12 May 2014)

P, R (on the application of) v Thames Valley Police [2014] EWHC 1436 (Admin) (08 May 2014)

BDW Trading Ltd (t/a Barratt Homes) & Anor v Cheshire West & Chester Borough Council & Ors [2014] EWHC 1470 (Admin) (09 May 2014)

Ramsanahie v East Midlands Strategic Health Authority [2014] EWHC 1451 (Admin) (09 May 2014)

High Court (Queen’s Bench Division)

Atkins v The Lord Chancellor [2014] EWHC 1387 (QB) (08 May 2014)

Dillard v F&C Commercial Property Holdings Ltd [2014] EWHC 1391 (QB) (08 May 2014)

AVB v TDD [2014] EWHC 1442 (QB) (12 May 2014)

Desarrollo Immobiliario Y Negocios Industriales De Alta v Kader Holdings Company Ltd [2014] EWHC 1460 (QB) (09 May 2014)

McGregor v Genco (FC) Ltd [2014] EWHC 1376 (QB) (08 May 2014)

Rainford v Lawrenson [2014] EWHC 1188 (QB) (15 April 2014)

High Court (Chancery Division)

The Pensions Regulator v A Admin Ltd & Ors [2014] EWHC 1378 (Ch) (08 May 2014)

Thomas & Anor (Joint Trustees In Bankruptcy of Stephen John Edmondson) v Edmondson [2014] EWHC 1494 (Ch) (12 May 2014)

Top Brands Ltd & Anor v Sharma (As Former Liquidator of Mama Milla Ltd) [2014] EWHC 1454 (Ch) (08 May 2014)

High Court (Family Division)

London Borough of Ealing v JM & Ors [2014] EWHC 1467 (Fam) (29 April 2014)

Family Court Decisions (High Court Judges)


Rapisarda v Colladon [2014] EWFC 1406 (08 May 2014)

High Court (Commercial Court)

Landesbank Hessen-Thuringen Girozentrale & Ors v Bayerische Landesbank, London Branch & Anor [2014] EWHC 1404 (Comm) (08 May 2014)

Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund 1971 [2014] EWHC 1394

Source: www.bailii.org

Dangerous dogs: owners face tougher sentences for attacks – Home Office

Posted May 13th, 2014 in dogs, news, penalties, sentencing by sally

‘Irresponsible dog owners who allow their dog to attack people or assistance dogs will face tougher prison sentences from today.’

Full story

Home Office, 13th May 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2014 in legislation by sally

The Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014

The Harrogate Stray Act 1985 (Tour de France) Order 2014

The Legal Services Act 2007 (Levy) (No. 2) (Amendment) Rules 2014

The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014

The Premium Savings Bonds (Maximum Holdings) (Amendment) Regulations 2014

The Television Broadcasting Regulations 2014

The Offender Management Act 2007 (Approved Premises) Regulations 2014

The Local Authorities (Goods and Services) (Public Bodies) (England) Order 2014

Source: www.legislation.gov.uk

Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange

Posted May 13th, 2014 in appeals, care homes, elderly, human rights, mental health, news, Supreme Court by sally

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

Full story

Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Legal aid cuts: justice secretary’s lawyers intervene over abandoned case – The Guardian

‘Lawyers for the justice secretary, Chris Grayling, have intervened in an emergency appeal court hearing in an attempt to resolve a dispute over legal aid cuts that has halted all complex fraud trials.’

Full story

The Guardian, 13th May 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 13th, 2014 in law reports by sally

Supreme Court

L Batley Pet Products Ltd v North Lanarkshire Council (Scotland) [2014] UKSC 27 (08 May 2014)

Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor [2014] UKSC 26 (08 May 2014)

Court of Appeal (Criminal Division)

Golding, R v [2014] EWCA Crim 889 (08 May 2014)

Court of Appeal (Civil Division)

Holder v Gedling Borough Council & Ors [2014] EWCA Civ 599 (08 May 2014)

Saigol v Thorney Ltd (t/a Thorney Motorsport) [2014] EWCA Civ 556 (08 May 2014)

Manolete Partners Plc v Hastings Borough Council [2014] EWCA Civ 562 (07 May 2014)

High Court (Chancery Division)

Friends Life Management Services Ltd v A & A Express Building Ltd [2014] EWHC 1463 (Ch) (09 May 2014)

Arbuthnott v Bonnyman & Ors [2014] EWHC 1410 (Ch) (08 May 2014)

High Court (Administrative Court)

Mohamed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1405 (Admin) (08 May 2014)

A & Anor, R (on the application of) v Secretary of State for Health [2014] EWHC 1364 (Admin) (08 May 2014)

Singh, R (on the application of) v Ealing Magistrates Court & Anor [2014] EWHC 1443 (Admin) (08 May 2014)

Andrews, R (on the application of) v Secretary of State for Environment Food and Rural Affairs [2014] EWHC 1435 (Admin) (08 May 2014)

High Court (Commercial Court)

Mid-East Sales Ltd v United Engineering And Trading Company (PVT) Ltd & Anor [2014] EWHC 1457 (Comm) (09 May 2014)

Family Court Decisions (High Court Judges)

N (A Child) (Adoption Order) [2014] EWFC 1491 (02 May 2014)

Source: www.bailii.org

Mitchell reaches hire? – Hardwicke Chambers

Posted May 13th, 2014 in appeals, civil procedure rules, disclosure, insurance, news by sally

‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’

Full story

Hardwicke Chambers, 2nd May 2014

Source: www.hardwicke.co.uk

Simon Olsen jailed for murdering former boss Steven Langley – BBC News

Posted May 13th, 2014 in guilty pleas, murder, news, sentencing by sally

‘A former employee has been jailed for life after pleading guilty to murdering the boss of a Kent fishing business.’

Full story

BBC News, 12th May 2014

Source: www.bbc.co.uk

Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph

‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’

Full story

Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

Full story

UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

Council tax liability and void properties – Hardwicke Chambers

Posted May 13th, 2014 in charities, council tax, housing, local government, news, regulations, taxation by sally

‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’

Full story

Hardwicke Chambers, 30th April 2014

Source: www.hardwicke.co.uk

Dog attacks to be punished with longer jail terms for owners – BBC News

Posted May 13th, 2014 in dogs, imprisonment, news, penalties, sentencing by sally

‘Tougher penalties have come into force for dog owners in England and Wales who allow their pets to attack people.’

Full story

BBC News, 13th May 2014

Source: www.bbc.co.uk

Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers

Posted May 12th, 2014 in appeals, boundaries, costs, evidence, news, trespass by sally

‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’

Full story

Hardwicke Chambers, 7th May 2014

Source: www.hardwicke.co.uk

Sex offender brings legal challenge over electronic tag – Daily Telegraph

‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’

Full story

Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

The “Anomalous” Fatal Accidents Act – Hardwicke Chambers

Posted May 12th, 2014 in bereavement, compensation, damages, news, restitution, Supreme Court by sally

‘Those are not my words but the view expressed on 2 April by Lord Sumption on the effective over-compensation which can result under the Fatal Accidents Act 1976 (“the FAA”). The other Supreme Court Justices agreed with him. He expressed the view that, “What is clear is that sections 3 and 4 [of the FAA] mark a departure from the ordinary principles of assessment in English law, which can fairly be described as anomalous”. This was in a Supreme Court case which had to decide whether in a foreign accident case to apply German principles of assessment of damages (effectively full compensation) or English law in the form of the FAA: Cox v Ergo Versicherung AG (formerly known as Victoria) [2014] UKSC 22.’

Full story

Hardwicke Chambers, 11th April 2014

Source: www.hardwicke.co.uk

Public Engagement and Commercial Confidentiality – Oil and Water? – Hardwicke Chambers

‘CCGs may face pressure to disclose information about commissioning in at least four ways. From:

Their duties to involve the public in “planning of the commissioning arrangements by the group” (s14 Z2 National Health Service Act 2006).
Their duties to involve individual patients in “their care or treatment” (s14U National Health Service Act 2006).
Applications to provide information under the Freedom of Information Act 2000.
Applications for disclosure, as part of litigation brought by failed tenderers following procurement exercises.’

Full story

Hardwicke Chambers, 10th April 2014

Source: www.hardwicke.co.uk