Weber v Weber – WLR Daily

Posted April 15th, 2014 in conflict of laws, EC law, jurisdiction, law reports, stay of proceedings by sally

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

Posted April 15th, 2014 in emergency services, law reports, road traffic by sally

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

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, law reports by sally

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

Posted April 15th, 2014 in legislation by sally

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2014

The Social Security (Contributions) (Amendment No. 3) Regulations 2014

The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014

The Finance Act 2009, Sections 101 and 102 (Interest on Late Payments and Repayments), Appointed Days and Consequential Provisions Order 2014

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 2) Regulations 2014

The Plant Health (England) (Amendment) Order 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) 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 Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) (Amendment No.2) Regulations 2014

The European Parliamentary Elections (Amendment) Regulations 2014

The Police and Crime Commissioner Elections (Amendment) Order 2014

The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2014

The Childcare (Learning and Development Requirements and Exemptions from Registration) (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 Customs (Inspections by Her Majesty’s Inspectors of Constabulary and the Scottish Inspectors) (Amendment) Regulations 2014

The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014

The Copyright (Regulation of Relevant Licensing Bodies) Regulations 2014

The Statutory Sick Pay Percentage Threshold (Revocations, Transitional and Saving Provisions) (Great Britain and Northern Ireland) Order 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.’

Full story

Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

Rule committee allays concern over unintended consequences of costs budgeting extension – Litigation Futures

Posted April 15th, 2014 in budgets, civil procedure rules, costs, news by sally

‘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.’

Full story

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

Posted April 15th, 2014 in fines, imprisonment, news, proportionality, strict liability, tax evasion by sally

‘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.’

Full story

OUT-LAW.com, 14th April 2014

Source: www.out-law.com

No implied copyright licence following takeover, rules Court of Appeal – OUT-LAW.com

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by sally

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

Full story

OUT-LAW.com, 15th April 2014

Source: www.out-law.com

Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by sally

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

Full story

UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted April 15th, 2014 in law reports by sally

Supreme Court

Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc [2014] UKSC 24 (9 April 2014)

O’’Brien, R v [2014] UKSC 23 (2 April 2014)

Court of Appeal (Civil Division)

Akzo Nobel N.V. v Competition Commission & Ors [2014] EWCA Civ 482 (14 April 2014)

Beauty Star Ltd v Janmohamed [2014] EWCA Civ 451 (14 April 2014)

Honda Motor Europe Ltd & Anor v Powell & Anor [2014] EWCA Civ 437 (11 April 2014)

The Commissioners for Her Majesty’s Revenue And Customs v British Telecommunications Plc [2014] EWCA Civ 433 (11 April 2014)

Yeung v Potel & Anor [2014] EWCA Civ 481 (11 April 2014)

Lloyds TSB Insurance Services Ltd & Anor v Shanley [2014] EWCA Civ 407 (10 April 2014)

Court of Appeal (Criminal Division)

Singh-Mann & Ors v R [2014] EWCA Crim 717 (15 April 2014)

R v Bowman & Anor [2014] EWCA Crim 716 (15 April 2014)

High Court (Administrative Court)

Odoi-Asare v Nursing & Midwifery Council [2014] EWHC 1151 (Admin) (14 April 2014)

High Court (Chancery Division)

Greenclose Ltd v National Westminster Bank Plc [2014] EWHC 1156 (Ch) (14 April 2014)

Nordic Insulated Doors Ltd v Land Resources Ltd [2014] EWHC 1093 (Ch) (11 April 2014)

Primary Group (UK) Ltd & Ors v The Royal Bank of Scotland Plc & Anor [2014] EWHC 1082 (Ch) (11 April 2014)

High Court (Family Division)

Luckwell v Limata [2014] EWHC 1035 (Fam) (09 April 2014)

High Court (Queen’s Bench Division)

Uppal v Endemol UK Ltd & Ors [2014] EWHC 1063 (QB) (09 April 2014)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd & Ors v Essex Services Group Plc & Ors [2014] EWHC 1099 (TCC) (11 April 2014)

Source: www.bailii.org

First hearing not a case management conference, says High Court – Law Society’s Gazette

Posted April 15th, 2014 in budgets, case management, civil procedure rules, costs, news, trials by sally

‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’

Full story

Law Society’s Gazette, 14th April 2014

Source: www.lawgazette.co.uk

Police officer sacked over Twitter account which called force bosses ‘scum’ – Daily Telegraph

Posted April 15th, 2014 in appeals, disciplinary procedures, internet, news, police, professional conduct by sally

‘A police officer who allegedly sent more than 800 tweets criticising his force and called bosses “lower than slime” has been sacked. Tony Ryan, 33, was found to be the face behind @TheBritishCop – a Twitter account which claimed senior figures within Avon and Somerset Police treated “hard-working staff like garbage”.’

Full story

Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

Lancashire Police cleared over strip-search Taser use – BBC News

Posted April 15th, 2014 in complaints, detention, firearms, news, police, stop and search by sally

‘Police were justified in Tasering two men who refused to take off their boxer shorts while being strip-searched, the police watchdog has said.’

Full story

BBC News, 14th April 2014

Source: www.bbc.co.uk

Man jailed for life for partner’s murder in Walworth – BBC News

Posted April 15th, 2014 in domestic violence, fire, murder, news, sentencing by sally

‘A man who attacked the mother of his four children with a hammer and then set her on fire has been jailed for life by a judge at the Old Bailey.’

Full story

BBC News, 14th April 2014

Source: www.bbc.co.uk

Don’t email in capital letters, court tells ‘insensitive’ father in custody dispute – Daily Telegraph

Posted April 15th, 2014 in contact orders, electronic mail, news, parental rights by sally

‘An “insensitive” father banned by the courts from seeing his children has been warned by a judge not to type his emails to them in capitals – because it looks like he is shouting.’

Full story

Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

Chicken breeder faces court over noisy cockerel – Daily Telegraph

Posted April 15th, 2014 in animals, news, noise, prosecutions by sally

‘A chicken breeder is being prosecuted after villagers complained her crowing cockerel keeps them awake at night.’

Full story

Daily Telegraph, 15th April 2014

Source: www.telegraph.co.uk

EVENT: UCL – IBIL: Annual Sir Hugh Laddie Lecture 2014 – Culture of the Public Domain – A Good Thing?

Posted April 14th, 2014 in Forthcoming events by sally

‘Prof. Hugh Hansen is a Professor of Law at Fordham Law School, where he teaches courses in IP Law, Copyright Law, Trademark Law and EU and International Intellectual Property Law. He also taught U.S. Constitutional Law for over 25 years. He is the founder and director of both the Fordham Intellectual Property Law Institute and the Fordham Annual Conference on Intellectual Property Law and Policy, now in its 22nd year. Managing Intellectual Property magazine named him in 2010 and again in 2013 as one of the 50 most influential people in IP in the world. In doing so it characterized him as an “IP provocateur” and “the ringmaster who pulls together one of the IP world’s must-attend events.” In 2007, Chief Judge Paul Michel of the Court of Appeals for the Federal Circuit presented Prof. Hansen with an award for “his contribution to the legal community’s understanding of international intellectual property law.” ‘

Date: 25th June 2014, 6.00-7.15pm

Location: UCL Cruciform Lecture Theatre, UCL Main Campus, Gower Street, London WC1E 6BT

Charge: Free, registration required

More information can be found here.

EVENT: Modern Law Review 2014 Chorley Lecture – The Constitutional Imagination

Posted April 14th, 2014 in Forthcoming events by sally

‘The Chorley Lecture is an annual lecture inaugurated in 1972 and named in honour of Lord Chorley of Kendal, the founding editor of The Modern Law Review. The Lecture, which is normally delivered in late May or early June at the London School of Economics & Political Science, is the most important occasion in the calendar of The Modern Law Review. A version of the lecture is subsequently published as the lead article in the January issue of the following year’s Review.’

Date: 17th June 2014, 6.00-7.00pm

Location: Shaw Library, Od Building, London School of Economics

Charge: Free

More information can be found here.

EVENT: IALS – Priests of the Law: Royal Justices and Legal-Literary Culture in 13th-Century England

Posted April 14th, 2014 in Forthcoming events by sally

‘Organised with the London Legal History Seminar.’

Date: 23rd May 2014, 6.00-7.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: IALS – National Security and Public Health: Exceptions to Human Rights?

Posted April 14th, 2014 in Forthcoming events by sally

‘Keynote Speaker: Professor Malcolm Dando, Professor of International Security, University of Bradford, on “Threats of dual use biomedical research – when national security and public health collide”.

NATIONAL SECURITY PANEL

Chair: Dr Peter Lee
Dr Dina Hadad: “States of Exception and National Security: Exceptional Threat vs. Exceptional Rights”
Dr Myriam Feinberg: “Conflicts of Sovereignty in International Counterterrorism: the Kadi Case”
Solon Solomon: “National Security Debates in the Framework of Israeli Constitutionalism”
Dimitrios Kagiaros: “The Assessment of Damage to National Security in Disclosures from Whistleblowers in the Security and Intelligence Community in the UK”
Professor Jonathan Hafetz: “Targeted Drones Strikes and the Future of International Human Rights”

PUBLIC HEALTH AND HUMAN RIGHTS PANEL

Chair: Dr John Coggon
Dr Brigit Toebes: “The Right to Health, National Security and Public Health: An Uneasy Relationship”
Dr Laura Niada: “Individual v public health in the human right to medicines: the problematic identification of ‘essential medicines’”
Dr Simisola Akintola: “Public Health versus Human Rights: An examination of the tensions between Individual Rights and Public Health in Biobanking Research”
Dr Dobrochna Bach-Golecka: “Public Health and Private Health: The Impact of EU Law on Healthcare in the Member States”
Professor Joachim Sanden and Dr Sacha-Dominik Bachmann: “The Right to Liberty and Security, Public Health and Disease Control”
Dr Andraz Zidar: “WHO International Health Regulations, the Rule of Law and the Protection of International Human Rights”

Conference Convenors: Dr Myriam Feinberg and Dr Laura Niada.’

Date: 29th May 2014, 11.00am-6.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Full Rate: £75.00, Students: £40.00.

More information can be found here.