Riot damages reforms are questioned by insurers – BBC News
‘Insurers have warned that proposed changes to the Riot Damages Act could lead to higher premiums or reduce access to insurance.’
BBC News, 5th August 2014
Source: www.bbc.co.uk
IG Index Ltd v Cloete – WLR Daily
IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360
‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Innes v Information Commissioner and another – WLR Daily
Innes v Information Commissioner and another [2014] EWCA 1086; [2014] WLR (D) 358
‘Under section 11(1) of the Freedom of Information Act 2000 a claimant requesting information under section 1(1) of the 2000 Act was entitled to stipulate what software format should be used when the information sought was provided to him.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Florea v Judicial Authority Carei Courthouse, Satu Mare County, Romania – WLR Daily
‘Where there was a real likelihood that a prisoner would serve a sentence in personal space of less than three metres, a serious issue of breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms arose, without the need for other aggravating features and despite the good faith of the Government in seeking to address a problem of historic inadequacy in the prison estate.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Regina (Buer) v Secretary of State for the Home Department – WLR Daily
Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359
‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Regina (Maries) v Merton London Borough Council – WLR Daily
Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357
‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week
‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’
Family Law Week, 31st July 2014
Source: www.familylawweek.co.uk
Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law
‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’
NIPC Law, 3rd August 2014
Source: www.nipclaw.blogspot.co.uk
The quasi-trust – The Barristers’ Hub
‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’
The Barristers’ Hub, 1st August 2014
Source: www.barristershub.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Queen’s Bench)
Mitchell v News Group Newspapers Ltd [2014] EWHC 2615 (QB) (28 July 2014)
Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB) (29 July 2014)
St Christopher School (Letchworth) Ltd v Schymanski & Anor [2014] EWHC 2573 (QB) (30 July 2014)
Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)
Knauer v Ministry of Justice [2014] EWHC 2553 (QB) (24 July 2014)
Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) (28 July 2014)
High Court (Chancery Division)
Walsh & Ors v Needleman Treon (A Firm) & Ors [2014] EWHC 2554 (Ch) (25 July 2014)
High Court (Administrative Court)
High Court (Family Division)
P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)
AL v DA [2014] EWHC 2632 (Fam) (09 July 2014)
High Court (Technology and Construction Court)
High Court (Commercial Court)
Tchenguiz & Ors v The Serious Fraud Office [2014] EWHC 2597 (Comm) (28 July 2014)
High Court (Patents Court)
Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Civil Proceedings Fees (Amendment No. 3) Order 2014
The Civil Procedure (Amendment No. 6) Rules 2014
The Inheritance and Trustees’ Powers Act 2014 (Commencement) Order 2014
The Electricity Market Reform (General) Regulations 2014
The Contracts for Difference (Allocation) Regulations 2014
The Electricity Capacity Regulations 2014
The Contracts for Difference (Definition of Eligible Generator) Regulations 2014
The Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014
The Local Audit (Delegation of Functions) and Statutory Audit (Delegation of Functions) Order 2014
The Judicial Appointments and Discipline (Addition of Office) Order 2014
The Port Security (Port of Rosyth) Designation Order 2014
The Data Retention Regulations 2014
The Contracts for Difference (Standard Terms) Regulations 2014
The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations 2014
The Immigration Act 2014 (Commencement No. 2) Order 2014
The Public Bodies (Abolition of Food from Britain) Order 2014
The Armed Forces Act (Continuation) Order 2014
The Provision of Services (Amendment) Regulations 2014
The Tax Credits (Settlement of Appeals) Regulations 2014
The Judicial Discipline (Prescribed Procedures) Regulations 2014
Source: www.legislation.gov.uk
Register your s.13 notices – NearlyLegal
‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’
NearlyLegal, 3rd August 2014
Source: www.nearlylegal.co.uk
Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette
‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’
Law Society’s Gazette, 1st August 2014
Source: www.lawgazette.co.uk
Church faces legal challenge after blocking job offer to married gay priest – The Guardian
‘The first priest to marry his same-sex partner is to issue a legal challenge to the Church of England after his offer of a job as an NHS chaplain was withdrawn when his bishop refused the necessary permission.’
The Guardian, 4th August 2014
Source: www.guardian.co.uk
Jamie McMahon murder: Pair jailed over churchyard killing – BBC News
‘Two men who kicked a snooker club worker to death in a Northampton churchyard have been jailed for life.’
BBC News, 1st August 2014
Source: www.bbc.co.uk
Consulting on library cuts – Law Society’s Gazette
‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’
Law Society’s Gazette, 4th August 2014
Source: www.lawgazette.co.uk
Parents accused of ’emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph
‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’
Daily Telegraph, 1st August 2014
Source: www.telegraph.co.uk
Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com
‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’
OUT-LAW.com, 1st August 2014
Source: www.out-law.com
Spencer v Taylor- Some Analysis – NearlyLegal
‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’
NearlyLegal, 3rd August 2014
Source: www.nearlylegal.co.uk
Wikipedia link to be hidden in Google under ‘right to be forgotten’ law – The Guardian
Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe’s controversial new “right to be forgotten” legislation to affect the 110m-page encyclopaedia.
The Guardian, 2nd August 2014
Source: www.guardian.co.uk
