Recent Statutory Instruments – legislation.gov.uk

Posted March 7th, 2014 in legislation by sally

The Ukraine (European Union Financial Sanctions) Regulations 2014

The Scottish Parliament (Constituencies and Regions) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2014

The Ukraine (Sanctions) (Overseas Territories) Order 2014

The Taxes (Interest Rate) (Amendment) Regulations 2014

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2014

The Income and Corporation Taxes (Electronic Communications)(Amendment) Regulations 2014

The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2014

The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 2014

The Judicial Pensions (Contributions) (Amendment) Regulations 2014

The Civil Procedure (Amendment No.2) Rules 2014

The Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) (Amendment) Regulations 2014

The Other Fuel Substitutes (Rates of Excise Duty etc.) (Amendment) Order 2014

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) Amendment Regulations 2014

The HIV Testing Kits and Services (Revocation) (England) Regulations 2014

The Firefighters’ Compensation Scheme (England) (Amendment) Order 2014

The Firefighters’ Pension Scheme (Amendment) (England) Order 2014

The Firefighters’ Pension Scheme (England) (Amendment) Order 2014

The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

The Seeds and Vegetable Plant Material (Nomenclature Changes) Regulations 2014

Source: www.legislation.gov.uk

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH – WLR Daily

Posted March 7th, 2014 in EC law, law reports, trade marks by sally

Backaldrin Österreich The Kornspitz Co GmbH v Pfahnl Backmittel GmbH(Case C-409/12); [2014] WLR (D) 112

‘Under article 12(2)(a) of Parliament and Council Directive 2008/95/EC a trade mark was liable to revocation in respect of a product for which it was registered if, in consequence of acts or “inactivity” of the proprietor, that trade mark had become the common name for that product from the point of view solely of end users of the product. There was “inactivity” if the proprietor of the trade mark did not encourage sellers to make more use of that mark in marketing a product in respect of which the mark was registered; and the revocation of a trade mark did not presuppose that it had to be ascertained whether there were other names for a product for which that trade mark had become the common name in the trade.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening) – WLR Daily

Posted March 7th, 2014 in aircraft, carriage by air, damages, disabled persons, EC law, law reports by sally

Stott v Thomas Cook Tour Operators Ltd (Secretary of State for Transport intervening): [2014] UKSC 15; [2014] WLR (D) 111

‘The court could not award damages for distress and injury to feelings caused to a disabled passenger during flight in breach of Council Regulation (EC) No 1107/2006 (implemented in domestic law by the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007) since such an award was precluded by article 29 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 (“the Montreal Convention”), as adopted in the European Union by Council Regulation (EC) No 2027/97, as amended by article 3(1) of Parliament and Council Regulation (EC) No 889/2002, (“the Montreal Regulation”), and pursuant to the European Communities Act 1972, as amended.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Regina v Burinskas; Regina v Phillips (Anthony); Regina v Ahmad (Goram Kamal); Regina v Hanson (John); Regina v Donegan (David); Regina v Smith (Paul Simon); Regina v Mathews (Michael Richard; Regina v Coleman (Barry Tyrone)

Posted March 7th, 2014 in dangerous offenders, sentencing by sally

Regina v Burinskas; Regina v Phillips (Anthony); Regina v Ahmad (Goram Kamal); Regina v Hanson (John); Regina v Donegan (David); Regina v Smith (Paul Simon); Regina v Mathews (Michael Richard; Regina v Coleman (Barry Tyrone):[2014] EWCA Crim 334; [2014] WLR (D) 110

‘The Court of Appeal, Criminal Division, gave guidance in respect of the effect of changes in the law upon the sentencing of dangerous offenders.’

WLR Daily, 4th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 7th, 2014 in law reports by sally

Supreme Court

Stott v Thomas Cook Tour Operators Ltd [2014] UKSC 15 (05 March 2014)

Revenue and Customs v Secret Hotels2 Ltd [2014] UKSC 16 (05 March 2014)

Court of Appeal (Civil Division)

Kairos Shipping Ltd & Anor v Enka & Co LLC & Ors [2014] EWCA Civ 217 (06 March 2014)

AB v CD [2014] EWCA Civ 229 (06 March 2014)

Daws Hill Neighbourhood Forum & Ors v Wycombe District Council [2014] EWCA Civ 228 (06 March 2014)

High Court (Administrative Court)

The Welsh Language Commissioner, R (On the Application Of) v National Savings And Investments [2014] EWHC 488 (Admin) (06 March 2014)

Y Frenhines Ar Gais Comisiynydd Y Gymraeg v Cynilion A Buddsoddiadau Cenedlaethol [2014] EWHC 488W (Admin) (06 March 2014)

Omokayode, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 594 (Admin) (06 March 2014)

Savage v Mansfield District Council [2014] EWHC 600 (Admin) (06 March 2014)

High Court (Chancery Division)

Sellers v Buyer [2014] EWHC 596 (Ch) (06 March 2014)

Source: www.bailii.org

Grieve acts on judge’s plea over unrepresented defendants – Law Society’s Gazette

Posted March 7th, 2014 in amicus curiae, criminal justice, legal representation, news by sally

‘The attorney general’s office has confirmed that Dominic Grieve QC has appointed an amicus curiae to assist the court on legal argument expected to be made on behalf of defendants facing trial without representation in court.’

Full story

Law Society’s Gazette, 7th March 2014

Source: www.lawgazette.co.uk

Asbestos cancer payments of up to £123,000 announced – BBC News

Posted March 7th, 2014 in asbestos, cancer, compensation, news by sally

‘Victims of mesothelioma, an aggressive cancer caused by exposure to asbestos, are to receive an average of £123,000 compensation from a new fund.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

‘Unacceptable’ failings and overcrowding found in NHS hospitals – Daily Telegraph

Posted March 7th, 2014 in hospitals, news, quality assurance by sally

‘Unacceptably poor outpatient care, overcrowding and delays in Accident & Emergency units have been highlighted in the first national report following a new NHS inspection regime. Inspectors who visited a cross-section of 18 hospitals across the country found patients were waiting far too long in casualty units, and for appointments to see consultants and undergo tests.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

Anti-fracking campaigners challenge eviction attempt in court – The Guardian

Posted March 7th, 2014 in demonstrations, energy, environmental protection, fracking, homelessness, human rights, news, trespass by sally

‘Anti-fracking protesters who have been camping by a drill site in Greater Manchester since late October have appeared in court to challenge attempts to evict them.’

Full story

The Guardian, 6th March 2014

Source: www.guardian.co.uk

Met Police ‘Taser use on children rises sixfold’ – The Independent

Posted March 7th, 2014 in children, news, police, weapons, young persons by sally

‘The number of children tasered by the Metropolitan Police has risen almost sixfold over four years, according to campaigners. The Children’s Rights Alliance for England (CRAE) said Taser stun guns were used on 53 young people in 2012, signalling a sharp increase from just nine in 2008.’

Full story

The Independent, 6th March 2014

Source: www.independent.co.uk

Ministers to axe ‘bureaucratic’ rules on school dinners – Daily Telegraph

Posted March 7th, 2014 in food, health, news, school children by sally

‘ Strict guidelines regulating the amount of sugar in school dinners have been scrapped just as health experts raise alarm over the deteriorating standard of people’s daily diet. The Government said nutritional guidance – setting out the levels of vitamins and minerals in lunches – would be axed because the rules are too complicated.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

Widow wins battle over late husband’s sperm – Daily Telegraph

Posted March 7th, 2014 in assisted reproduction, consent, human tissue, married persons, news by sally

‘Physiotherapist Beth Warren, 28, from Birmingham, today won a High Court   battle with the UK fertility regulator. A judge ruled in Mrs Warren’s favour after a trial in London. But Mrs Justice Hogg gave the Human Fertilisation and Embryology Authority (HFEA) the go-ahead to take the case to the appeal court.’

Full story

Daily Telegraph, 6th March 2014

Source: www.telegraph.co.uk

Stephen Lawrence case: Theresa May orders inquiry into police spies – The Guardian

Posted March 7th, 2014 in inquiries, murder, news, police, racism, spying by sally

‘The home secretary has ordered a public inquiry into the undercover infiltration of political groups after an independent inquiry confirmed that Scotland Yard had spied on the family of Stephen Lawrence.’

Full story

The Guardian, 6th May 2014

Source: www.guardian.co.uk

Boy fed nine litres of goat milk a day cannot stay with his mother, court rules – The Independent

Posted March 7th, 2014 in care orders, children, food, mental health, news, parental responsibility by sally

‘A boy who was fed nine litres of goat’s milk a day for six months will not be allowed to live with his mother, a senior family court judge has ruled.’

Full story

The Independent, 6th March 2014

Source: www.independent.co.uk

Network Rail apologises to families over level crossing deaths – BBC News

Posted March 7th, 2014 in accidents, health & safety, news, railways by sally

‘Network Rail has offered a “full and unreserved apology” to families bereaved by level crossing accidents. Chief executive Mark Carne apologised for “failings” in managing public safety and for “failing to deal sensitively” with affected families. Since 2010 the risk at level crossings had been reduced by a quarter, it said. The apology came as MPs published a report heavily critical of the way the rail infrastructure company had handled tragedies in the past.’

Full story

BBC News, 7th March 2014

Source: www.bbc.co.uk

The disturbing conflict of interest at the heart of British justice – Garden Court Chambers

Posted March 7th, 2014 in barristers, constitutional law, government departments, industrial action, legal aid, lord chancellor, news, rule of law, solicitors by sally

‘Today, lawyers go on strike for the second time since January. The battle is with the Lord Chancellor, Chris Grayling, over his proposed reforms to legal aid. Strike action, from a generally traditional and conservative profession, is all but unprecedented and threatens to bring the criminal justice system to a halt. What has brought relations between the legal profession and Mr Grayling to this pitch?’

Full story

Garden Court Chambers, 7th March 2014

Source: www.gclaw.wordpress.com

Supreme Court decision provides much-needed clarity on VAT status of online tour operators, says expert – OUT-LAW.com

Posted March 6th, 2014 in agency, holidays, news, Supreme Court, taxation, VAT by sally

‘A travel company which marketed and arranged the sale of holiday accommodation to holidaymakers through its website was acting as an “agent” for the providers of that accommodation, and so did not have to account for VAT on those sales, the UK’s highest court has ruled.’

Full text

OUT-LAW.com, 5th March 2014

Source: www.out-law.com

SFO head defends agency’s perceived “lack of appetite” for prosecuting senior UK bankers – OUT-LAW.com

Posted March 6th, 2014 in banking, crime, deferred prosecution agreements, news, prosecutions, Serious Fraud Office by sally

‘The head of the Serious Fraud Office (SFO), which investigates and prosecutes serious and organised crime in England and Wales, has defended the agency’s record against UK banks and senior bankers in the aftermath of the financial crisis.’

Full story

OUT-LAW.com, 6th October 2014

Source: www.out-law.com

Stephen Lawrence independent review – Publications (gov.uk)

Posted March 6th, 2014 in corruption, police, reports by sally

‘Report and summary of findings from Mark Ellison’s independent review.’

Full report

Publications (gov.uk), 6th March 2014

Source: https://www.gov.uk/government/publications?official_document_status=command_and_act_papers

Support for industrial disease victims – Ministry of Justice

Posted March 6th, 2014 in asbestos, compensation, consultations, health, industrial injuries, press releases, victims by sally

‘Sufferers of a deadly industrial disease will be the focus of work to improve the compensation claims process for them, new Justice Minister Lord Faulks said today.’

Full press release

Ministry of Justice, 6th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice