Bhatia Best Ltd v Lord Chancellor – WLR Daily

Posted March 27th, 2014 in appeals, homelessness, law firms, law reports, legal aid by sally

Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB);   [2014] WLR (D)  142

‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’

WLR Daily, 17th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 27th, 2014 in law reports by sally

Supreme Court

Durkin v DSG Retail Ltd & Anor [2014] UKSC 21 (26 March 2014)

Kennedy v The Charity Commission [2014] UKSC 20 (26 March 2014)

Court of Appeal (Civil Division)

N v N [2014] EWCA Civ 314 (26 March 2014)

D (A Child) [2014] EWCA Civ 315 (26 March 2014)

Farah v London Borough of Hillingdon [2014] EWCA Civ 359 (26 March 2014)

Zurich Insurance Plc v Umerji [2014] EWCA Civ 357 (25 March 2014)

G (Children), Re [2014] EWCA Civ 336 (25 March 2014)

Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305 (25 March 2014)

Mehjoo v Harben Barker (a firm) & Anor [2014] EWCA Civ 358 (25 March 2014)

Saville v Central Capital Ltd [2014] EWCA Civ 337 (24 March 2014)

High Court (Administrative Court)

Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014)

Loughlin v Singh & Ors [2014] EWHC 912 (Admin) (26 March 2014)

Moseka v Nursing and Midwifery Council [2014] EWHC 846 (Admin) (26 March 2014)

Nursing and Midwifery Council v Kidd & Anor [2014] EWHC 847 (Admin) (26 March 2014)

Nestwood Homes Developments Ltd, R (On the Application Of) v South Holland District Council [2014] EWHC 863 (Admin) (25 March 2014)

London Borough of Islington & Ors v The Mayor of London [2014] EWHC 751 (Admin) (25 March 2014)

Golfrate Property Management Ltd & Anor, R (On the Application Of) v The Crown Court At Southwark & Anor [2014] EWHC 840 (Admin) (25 March 2014)

Great Yarmouth Port Company & Anor, R (On the Application Of) v Marine Management Organisation & Anor [2014] EWHC 833 (Admin) (24 March 2014)

High Court (Chancery Division)

Brooke & Ors v Purton & Ors [2014] EWHC 547 (Ch) (26 March 2014)

First Subsea Ltd v Balltec Ltd & Ors [2014] EWHC 866 (Ch) (25 March 2014)

High Court (Commercial Court)

Sax v Tchernoy [2014] EWHC 795 (Comm) (26 March 2014)

Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 864 (Comm) (26 March 2014)

Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)

High Court (Family Division)

MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)

High Court (Patents Court)

Starsight Telecast Inc & Anor v Virgin Media Ltd & Ors [2014] EWHC 828 (Pat) (26 March 2014)

High Court (Queen’s Bench Division)

Johnston v League Publications Ltd & Ors [2014] EWHC 874 (QB) (26 March 2014)

White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)

Source: www.bailii.org

 

High Court asks government to appear at South Bank village green hearing – OUT-LAW.com

Posted March 27th, 2014 in local government, news, planning by sally

‘A High Court judge has adjourned a judicial review hearing of Lambeth Council’s decision that an application to register land at the Southbank Centre’s skateboard undercroft as a village green was not valid to ask the UK government to appear at the hearing.’

Full story

OUT-LAW.com, 25th March 2014

Source: www.out-law.com

English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by sally

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

Full story

OUT-LAW.com, 27th March 2014

Source: www.out-law.com

Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

Posted March 27th, 2014 in appeals, charities, Charity Commission, disclosure, freedom of information, human rights, Iraq, news, Supreme Court by sally

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog

Posted March 27th, 2014 in armed forces, human rights, inquiries, Iraq, judiciary, legal aid, news, prisons, unlawful killing by sally

‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’

Full story

UK Human Rights Blog, 23rd March 2014

Source: www.ukhumanrightsblog.com

No maternity rights for surrogate parents? – Halsbury’s Law Exchange

Posted March 27th, 2014 in EC law, maternity leave, news, parental rights, pregnancy, sex discrimination, surrogacy by sally

‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’

Full story

Halsbury’s Law Exchange, 26th March 2014

Source: www.halsburyslawexchange.co.uk

Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

Posted March 27th, 2014 in deprivation of liberty safeguards, disabled persons, housing, mental health, news by sally

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

Full story

Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

Policeman must apologise to blind man he shot with Taser – The Guardian

Posted March 27th, 2014 in complaints, disabled persons, firearms, news, police, professional conduct by sally

‘A police officer has been asked to apologise to a blind man whom he shot with a Taser when he mistook his white stick for a samurai sword.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Judge refuses whiplash damages as he criticises Britain’s ‘compensation culture’ – Daily Telegraph

Posted March 27th, 2014 in compensation, expert witnesses, judges, news, personal injuries by sally

‘Britain’s compensation culture is a “national phenomenon,” a High Court judge said as he refused to grant damages to two women to “stem the tide” of fake insurance claims.’

Full story

Daily Telegraph, 26th March 2014

Source: www.telegraph.co.uk

Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by sally

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by sally

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

Full story

The Independent, 26th March 2014

Source: www.independent.co.uk

‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News

Posted March 27th, 2014 in community service, disabled persons, firearms, human rights, news, prisons by sally

‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Police failures over domestic violence exposed in damning report – The Guardian

Posted March 27th, 2014 in domestic violence, news, police, reports by sally

‘The home secretary is to take personal charge of the way police respond to domestic abuse in England and Wales after a damning report exposed “alarming and unacceptable” weaknesses.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

MPs renew demand for Commons votes on use of war-making powers – BBC News

Posted March 27th, 2014 in news, parliament, select committees, war by sally

‘The government must enshrine in law its commitment to consult the House of Commons before using its war-making powers, MPs have reiterated.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

Ofgem asks competition watchdog to investigate big six energy suppliers – The Guardian

Posted March 27th, 2014 in competition, consumer protection, energy, news by sally

‘The energy regulator has asked the competition watchdog to investigate Britain’s energy companies in an effort to restore trust in the industry after public uproar over rising fuel bills.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

Full story

Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

Full story

Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

Full story

No. 5 Chambers, 10th March 2014

Source: www.no5.com

“With this diode, I thee wed”: Marrying robots and what this tells us about 21st century marriage – Family Law Week

Posted March 26th, 2014 in age of consent, consent, divorce, equality, gender, marriage, news by sally

‘Janet Bettle, Barrister, Trinity Chambers, Chelmsford and Jonathan Herring, Professor of Law, Exeter College, University of Oxford examine the nature of marriage and how it may evolve.’

Full story

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk