BAILII: Recent Decisions

Posted May 15th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634 (14 May 2014)

Lakatamia Shipping Company Ltd v Su & Ors [2014] EWCA Civ 636 (14 May 2014)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 576 (14 May 2014)

Court of Appeal (Criminal Division)

Sandhu v R. [2014] EWCA Crim 927 (14 May 2014)

High Court (Administrative Court)

Teshome v The Lord President of the Council [2014] EWHC 1468 (Admin) (14 May 2014)

Osawemwenze, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1564 (Admin) (14 May 2014)

High Court (Commercial Court)

Sun United Maritime Ltd v Kasteli Marine Inc [2014] EWHC 1476 (Comm) (14 May 2014)

High Court (Family Division)

Chai v Peng [2014] EWHC 1519 (Fam) (01 May 2014)

High Court (Queen’s Bench Division)

SPA v TAS [2014] EWHC 1512 (QB) (14 May 2014)

Groves v Studley [2014] EWHC 1522 (QB) (14 May 2014)

Wissa v Associated Newspapers Ltd [2014] EWHC 1518 (QB) (14 May 2014)

Source: www.bailii.org

High Court grants JR on immunity of ‘torture’ prince – Law Society’s Gazette

Posted May 15th, 2014 in immunity, judicial review, news, royal family, torture by sally

‘A judicial review has been granted challenging the prosecution service’s decision to allow the son of Bahrain’s ruler immunity in the UK over torture allegations.’

Full story

Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

Posted May 15th, 2014 in civil justice, consultations, delay, dispute resolution, judiciary, legal aid, litigants in person, news by sally

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

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Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Police officer fined for sharing extreme porn on mobile phone while on duty – The Guardian

Posted May 15th, 2014 in fines, news, police, pornography by sally

‘James Addison fined £6,000 after admitting he sent pornographic videos and stills to colleagues using WhatsApp.’

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The Guardian, 14th May 2014

Source: www.guardian.co.uk

Matthew Wickens jailed for Devon baby throwing death – BBC News

Posted May 15th, 2014 in child abuse, homicide, news, sentencing by sally

‘A man who killed his crying baby by throwing him so violently into his cot that he suffered massive head injuries has been jailed.’

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BBC News, 14th May 2014

Source: www.bbc.co.uk

Line dancing teacher falsely accused of harassment successfully sues rival – Daily Telegraph

Posted May 15th, 2014 in costs, defamation, news, teachers by sally

‘Award-winning line-dancing teacher Val Myers given apology in High Court after rival falsely accused him of assault and harassing members of the line-dancing community.’

Full story

Daily Telegraph, 14th May 2014

Source: www.telegraph.co.uk

High Court to make landmark ruling on whether to allow brain damaged man to die – The Independent

Posted May 15th, 2014 in assisted suicide, disabled persons, euthanasia, medical treatment, news by sally

‘A High Court judge will decide this week whether doctors should stop feeding a brain damaged man and allow him to die.’

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The Independent, 14th May 2014

Source: www.independent.co.uk

David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian

Posted May 15th, 2014 in airports, appeals, detention, freedom of expression, immigration, intelligence services, media, news, terrorism by sally

‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’

Full story

The Guardian, 15th May 2014

Source: www.guardian.co.uk

Merrill Academy teacher Leigh White banned for life – BBC News

Posted May 14th, 2014 in abuse of position of trust, disciplinary procedures, news, professional conduct, school children, sexual offences, teachers by sally

‘A teacher who kissed and cuddled a pupil has been banned from the profession for life.’

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BBC News, 14th May 2014

Source: www.bbc.co.uk

Judges criticise impact of legal aid cuts – The Guardian

Posted May 14th, 2014 in budgets, costs, expert witnesses, family courts, judiciary, legal aid, legal representation, litigants in person, news, select committees, violence by sally

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

Full story

The Guardian, 14th May 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2014 in legislation by sally

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 3) Order 2014

The Urban Development Corporations in England (Area and Constitution) Order 2014

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 14th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S (Children, W & T), Re [2014] EWCA Civ 638 (14 May 2014)

JKX Oil & Gas Plc & Ors v Eclairs Group Ltd [2014] EWCA Civ 640 (13 May 2014)

High Court (Administrative Court)

Waryoba, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1496 (Admin) (13 May 2014)

High Court (Chancery Division)

The Registrar of Companies v Swarbrick & Ors (Administrators of Gardenprime Ltd) [2014] EWHC 1466 (Ch) (13 May 2014)

Source: www.bailii.org

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

Posted May 14th, 2014 in appeals, deportation, drug offences, families, human rights, immigration, interpretation, news, Supreme Court by sally

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

What can we learn from drug courts? – Halsbury’s Law Exchange

Posted May 14th, 2014 in budgets, courts, drug offences, judiciary, jurisdiction, news, pilot schemes, recidivists, rehabilitation, Scotland, statistics by sally

‘Why were drug courts set up?

The introduction of drug courts in the UK has followed a slightly different trajectory to other jurisdictions, where drug courts filled an important gap in the range of community-based sanctions available to the courts to deal with drug-related crime.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Letting agents ‘will have to publish their fees in full’ – BBC News

Posted May 14th, 2014 in bills, consumer protection, fees, landlord & tenant, news, regulations, rent by sally

‘The government has said letting agents in England face a new obligation to display full details of their fees both on their websites and in their offices.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

Andrew Le Sueur: Imagining judges in a written UK Constitution – UK Constitutional Law Association

Posted May 14th, 2014 in constitutional law, constitutional reform, inquiries, judicial review, judiciary, news, rule of law, select committees by sally

‘The tide of interest (among those who care about these things) in the idea of a written, codified constitution for the United Kingdom rises and falls. At the moment the tide is quite high, but certainly not high enough to flow into the estuaries of government policy making.’

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UK Constitutional Law Association, 14th May 2014

Source: www.ukconstitutionallaw.org

Legal complaint filed against GCHQ ‘hacking’ – BBC News

Posted May 14th, 2014 in complaints, freedom of expression, human rights, intelligence services, interception, internet, investigatory powers, news, privacy by sally

‘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.’

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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

Posted May 14th, 2014 in armed forces, international courts, Iraq, news, standards, unlawful killing, war crimes by sally

‘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