Child Support – What Is Going On? – Family Law Week
‘Jody Atkinson TEP, barrister at St John’s Chambers, Bristol, considers the ongoing changes to the Child Support Act system.’
Family Law Week, 12th March 2014
Source: www.familylawweek.co.uk
Chancel repair liability: The ancient law that could hit house prices – BBC News
‘An ancient law which can force homeowners to pay for their local church’s repairs is blighting properties and depressing house sales, say campaigners. But what is chancel repair liability and what is the best way to deal with it?.’
BBC News, 13th March 2014
Source: www.bbc.co.uk
Vulnerable people ‘being kept prisoner in care homes’ – The Guardian
‘Tens of thousands of the most vulnerable patients are effectively being kept prisoner in care homes and hospitals through misuse of mental health laws, a damning House of Lords investigation has found.’
The Guardian, 13th March 2014
Source: www.guardian.co.uk
Judge to probe ‘jihadist’ claims over boys, aged 11 and 12 – Daily Telegraph
‘Two young brothers could be taken into care after their mother warned they were being radicalised with extremist Islamist views by her estranged husband, the High Court was told.’
Daily Telegraph, 12th March 2014
Source: www.telegraph.co.uk
G4S repays UK government £108.9m after tagging scandal – BBC News
‘Troubled security firm G4S has agreed to repay £108.9m plus tax to the UK government after overcharging on contracts to tag offenders.’
BBC News, 12th March 2014
Source: www.bbc.co.uk
Plastic surgeon’s career in tatters after transsexual patient falsely claims he botched ear operation – Daily Telegraph
‘A plastic surgeon who brought liposuction to UK had his career almost ruined due to false claims by a transsexual who claimed he botched his ear operation. Dr Brian Mayou, founder of the Cadogan Clinic, 120 Sloane Street, Belgravia, became the target of a one-man campaign of abusive emails, calls, texts and online postings claiming he was a paedophile.’
Daily Telegraph, 12th March 2014
Source: www.telegraph.co.uk
Carer disguised herself as 81-year-old Alzheimer’s sufferer to steal £22,000 from pensioner – Daily Telegraph
‘A carer tried to disguise herself as an 81-year-old Alzheimer’s sufferer in a bid to steal £22,000 from a pensioner’s bank account.’
Daily Telegraph, 12th March 2014
Source: www.telegraph.co.uk
APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures
‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’
Litigation futures, 12th March 2014
Source: www.litigationfutures.com
Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures
‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’
Legal Futures, 11th March 2014
Source: www.litigationfutures.com
Recent Statutory Instruments – legislation.gov.uk
The Public Service Pensions (Employer Cost Cap) Regulations 2014
The Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014
The National Health Service Pension Scheme (Amendment) Regulations 2014
The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2014
The Pensions Increase (Commissioners of Irish Lights) Regulations 2014
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014
The Buying Agency Trading Fund (Amendment) Order 2014
The CMA Registers of Undertakings and Orders (Available Hours) Order 2014
The Elections (Policy Development Grants Scheme) (Amendment) Order 2014
The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2014
The Value Added Tax (Amendment) Regulations 2014
The Competition Act 1998 (Concurrency) Regulations 2014
The Enterprise Act 2002 (Publishing of Relevant Information under section 188A) Order 2014
The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014
The Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2014
Source: www.legislation.gov.uk
Napoli v Ministero della Giustizia – Dipartimento dell’Amministrazione penitenziaria – WLR Daily
‘Article 15 of Parliament and Council Directive 2006/54/EC precluded national legislation which, on grounds relating to the public interest, excluded a woman on maternity leave from a vocational training course which formed an integral part of her employment and which was compulsory in order to be able to be appointed definitively to a post as a civil servant and in order to benefit from an improvement in her employment conditions, while guaranteeing her the right to participate in the next training course, the date of which was nevertheless uncertain. Article 14(2), which provided that a difference of treatment based on a characteristic relating to sex did not constitute discrimination in relation to particular occupational activities, did not apply since the national legislation did not limit a specified activity solely to male workers but only delayed access to that activity for female workers who had been unable to receive full vocational training as a result of compulsory maternity leave. Both articles 14(1)(c) and 15 were sufficiently clear, precise and unconditional to have direct effect.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
Regina (Alansi) v Newham London Borough Council – WLR Daily
Regina (Alansi) v Newham London Borough Council: [2013] EWHC 3722 (Admin); [2014] WLR (D) 117
‘The court’s approach to the interpretation of statements made by public bodies that were said to give rise to a legitimate expectation required it, inter alia, to ascertain the meaning which the authority’s statements would reasonably convey to the claimant in the light of all the background knowledge which he/she had in the situation in which she was at the time that the statements were made.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Mohamoud v Birmingham City Council – WLR Daily
Mohamoud v Birmingham City Council: [2014] EWCA Civ 227; [2014] WLR (D) 119
‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’
WLR Daily, 7th March 2014
Source: www.iclr.co.uk
Regina v Dang (Manh Toan) and others – WLR Daily
Regina v Dang (Manh Toan) and others; [2014] EWCA Crim 348; [2014] WLR (D) 118
‘For a defendant to be guilty of conspiring, contrary to the section 1 of the Criminal Law Act 1977, “to be concerned” in the production of a controlled drug, contrary to section 4(1)(b) of the Misuse of Drugs Act 1971, by supplying equipment to assist others to produce the drug, he had to share in the drug producer’s purpose and had to lend his assistance for that purpose. A generalised awareness that the equipment might be used for the unlawful purpose would not suffice.’
WLR Daily, 7th March 2014
Source: www.iclr.co.uk
Rubin v Rubin – WLR Daily
Rubin v Rubin: [2014] EWHC 611 (Fam); [2014] WLR (D) 116
‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’
WLR Daily, 10th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
DT (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 259 (12 March 2014)
Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor [2014] EWCA Civ 250 (11 March 2014)
Shop Direct Group v Revenue & Customs [2014] EWCA Civ 255 (11 March 2014)
Court of Appeal (Criminal Division)
Gjikokaj, R v [2014] EWCA Crim 386 (11 March 2014)
High Court (Administrative Court)
Keep Streets Live Campaign Ltd v London Borough of Camden [2014] EWHC 607 (Admin) (11 March 2014)
Timmins & Anor v Gedling Borough Council [2014] EWHC 654 (Admin) (11 March 2014)
Badre v Court of Florence, Italy [2014] EWHC 614 (Admin) (11 March 2014)
High Court (Chancery Division)
National Westminster Bank Plc v Lucas & Ors [2014] EWHC 653 (Ch) (11 March 2014)
Wellesley Partners Llp v Withers Llp [2014] EWHC 556 (Ch) (11 March 2014)
Prophet Plc v Huggett [2014] EWHC 615 (Ch) (11 March 2014)
Wade & Anor v British Sky Broadcasting Ltd [2014] EWHC 634 (Ch) (11 March 2014)
High Court (Queen’s Bench Division)
Jerrard v Blyth & Ors [2014] EWHC 647 (QB) (11 March 2014)
Source: www.bailii.org
