Kevin Bond’s traffic lights killer jailed again for murder – BBC News
‘A gunman has been jailed for life for the second time over the fatal shooting of a man at traffic lights in south Manchester.’
BBC News, 8th April 2014
Source: www.bbc.co.uk
Fiddled crime figures lead to under-reporting of rapes and other serious offences, says report – The Independent
‘The culture of fiddling crime statistics is ingrained within the upper echelons of the police service where target-chasing has led to the under-reporting of serious crimes including rape, according to a report by MPs out today.’
The Independent, 9th April 2014
Source: www.independent.co.uk
Wonga TV advert banned by advertising watchdog – BBC News
‘A TV advert for payday loans firm Wonga has been banned after the advertising watchdog ruled it confused the public about the interest rates that applied.’
BBC News, 9th April 2014
Source: www.bbc.co.uk
“A gilded cage is still a cage” – Supreme Court on deprivation of liberty for the mentally incapacitated – UK Human Rights Blog
‘Mentally incapacitated people have the same rights to liberty as everyone else. If their own living arrangements would amount to a deprivation of liberty of a non-disabled individual then these would also be a deprivation of liberty for the disabled person. So says the Supreme Court, which has ruled that disabled people are entitled to periodic independent checks to ensure that the deprivation of liberty remains justified.’
UK Human Rights Blog, 8th April 2014
Source: www.ukhumanrightsblog.com
Duggan inquest: family win right to challenge coroner’s direction to jury – The Guardian
‘The family of Mark Duggan whose shooting by the Metropolitan police sparked riots across the country in 2011 have won the right to challenge a coroner’s directions to the jury that concluded the officer’s actions were lawful.’
The Guardian, 8th April 2014
Source: www.guardian.co.uk
Room for manoeuvre – Hardwicke Chambers
‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’
Hardwicke Chambers, 12th March 2014
Source: www.hardwicke.co.uk
Art 8 and private landowners after Manchester Ship Canal Developments v Persons Unknown – Hardwicke Chambers
‘There is still no definitive answer as to how art 8 of the ECHR will engage between private individuals in an action by a private landowner to recover possession from ab initio trespassers who have unlawfully set up home on his land. However, there has been a step forward in the Manchester Ship Canal case.’
Hardwicke Chambers, 18th March 2014
Source: www.hardwicke.co.uk
Changes in the law on Habitual Residence – No. 5 Chambers
‘Over the last 12 months there have been substantial developments in the law on habitual residence following judgments handed down from the Supreme Court, most notably in the cases of Re A (Children: Habitual Residence) [2013] UKSC 60, and the recent decision of LC (children) [2014] UKSC 1, handed down in early January. This article will focus on the changes brought about by these two decisions.’
No. 5 Chambers, 25th March 2014
Source: www.no5.com
Controlling the process: a practical view from the Bar – Littleton Chambers
‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’
Littleton Chambers, 2nd April 2014
Source: www.littletonchambers.com
Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers
‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’
Henderson Chambers, 28th March 2014
Source: www.hendersonchambers.co.uk
A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers
‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Amending a statement of case after limitation period has ended – Hardwicke Chambers
‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers
‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Santander UK Plc v RA Legal Solicitors: A shift in balance in favour of lenders? – Hardwicke Chambers
‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
Expert determination: Hidden pitfalls – Hardwicke Chambers
‘Expert determination is a process in which parties to a contract jointly instruct a third party to decide an issue between them. Its advantages are self-evident: quick, cheap, informal and contract-based, it has obvious attractions and can be found in many commercial contracts.’
Hardwicke Chambers, 3rd April 2014
Source: www.hardwicke.co.uk
Man kills wife’s pet ram in bitter divorce battle – Daily Telegraph
‘Husband who put to death wife’s pet ram is ordered to pay her £170,000 a year.’
Daily Telegraph, 8th April 2014
Source: www.telegraph.co.uk
Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers
‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’
Competition Bulletin from Blackstone Chambers, 8th April 2014
Source: www.competitionbulletin.com
BAILII: Recent Decisions
Supreme Court
Cox v Ergo Versicherung AG [2014] UKSC 22 (2 April 2014)
Court of Appeal (Criminal Division)
King, R. v [2014] EWCA Crim 621 (03 April 2014)
Halliday v R [2014] EWCA Crim 620 (04 April 2014)
Court of Appeal (Civil Division)
The National Crime Agency (NCA) v Namli & Anor [2014] EWCA Civ 411 (04 April 2014)
Ryanair Ltd v HM Revenue and Customs [2014] EWCA Civ 410 (04 April 2014)
LH, R (on the application of) v Shropshire Council [2014] EWCA Civ 404 (04 April 2014)
The Office of Fair Trading v Somerfield Stores Ltd & Anor [2014] EWCA Civ 400 (07 April 2014)
Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382 (03 April 2014)
Bucci v Carman (Liquidator of Casa Estates (UK) Limited) [2014] EWCA Civ 383 (03 April 2014)
MW v Hertfordshire County Council [2014] EWCA Civ 405 (04 April 2014)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Blake & Ors v London Borough of Waltham Forest [2014] EWHC 1027 (Admin) (07 April 2014)
High Court (Chancery Division)
IBM UK Holdings Ltd & Anor v Dalgleish & Ors [2014] EWHC 980 (Ch) (04 April 2014)
Josife v Summertrot Holdings Ltd [2014] EWHC 996 (Ch) (04 April 2014)
High Court (Family Division)
Bristol City Council v AA & Anor [2014] EWHC 1022 (Fam) (28 March 2014)
Re L And M (Children: Private Law) V [2014] EWHC 939 (Fam) (28 March 2014)
High Court (Commercial Court)
Vitol Bahrain EC v Nasdec General Trading Llc & Ors [2014] EWHC 984 (Comm) (04 April 2014)
High Court (Technology and Construction Court)
University of Brighton v Dovehouse Interiors Ltd [2014] EWHC 940 (TCC) (04 April 2014)
Source: www.bailii.org
Command Papers – GOV.UK
Fourth Additional Protocol to the European Convention on Extradition, Cm 8806
Third Additional Protocol to the European Convention on Extradition, Cm 8805
Internal agreement on the financing of European Union Aid, Cm 8818
UK/Netherlands: Protocol amending the Convention for the avoidance of double taxation, Cm 8799
Jeremy Green gets life for ‘brutal’ murder of estate agent – BBC News
‘A former soldier who stabbed his ex-girlfriend’s flatmate to death while holding the pair hostage has been jailed for life.’
BBC News, 7th April 2014
Source: www.bbc.co.uk
