R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) – Supreme Court
Supreme Court, 12th March 2014
P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court
Supreme Court, 19th March 2014
Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Delay to the operation of new unified patent court – OUT-LAW.com
‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’
OUT-LAW.com, 24th March 2014
Source: www.out-law.com
Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer
‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2014
Source: www.localgovernmentlawyer.co.uk
Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association
‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’
UK Constitutional Law Association, 25th March 2014
Source: www.ukconstitutionallaw.org
Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures
‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’
Legal Futures, 25th March 2014
Source: www.legalfutures.co.uk
Right to privacy: can we really trust Google Glass? – Halsbury’s Law Exchange
‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’
Halsbury’s Law Exchange, 24th March 2014
Source: www.halsburyslawexchange.co.uk
Paedophile priest Francis Paul Cullen jailed for 15 years – BBC News
‘A priest who sexually assaulted seven children before spending more than two decades on the run in Spain has been jailed.’
BBC News, 24th March 2014
Source: www.bbc.co.uk
FGM: Top gynaecologist hits out at ‘political’ prosecution for female genital mutilation – The Independent
‘Has the DPP picked the right target for a landmark legal case against a barbaric medical practice? Jeremy Laurance talks to Dr Katrina Erskine.’
The Independent, 24th March 2014
Source: www.independent.co.uk
Justice Minister Chris Grayling defends prisoner book rules – BBC News
‘Justice Secretary Chris Grayling says new prison policies are not denying inmates access to books, despite criticisms from high-profile authors.’
BBC News, 25th March 2014
Source: www.bbc.co.uk
Deepcut soldier’s family allowed to seek new inquest – The Guardian
“The government’s most senior legal adviser has given permission to the family of a young army recruit who died nearly 19 years ago at the notorious Deepcut barracks in Surrey to apply for a new inquest into her death.”
The Guardian, 25th March 2014
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barclays Bank Plc v Unicredit Bank Ag & Anor [2014] EWCA Civ 302 (20 March 2014)
Fons Hf v Corporal Ltd & Anor [2014] EWCA Civ 304 (20 March 2014)
Bate v Aviva Insurance UK Ltd [2014] EWCA Civ 334 (21 March 2014)
VIS Trading Co Ltd v Nazarov & Anor [2014] EWCA Civ 313 (20 March 2014)
High Court (Queen’s Bench Division)
Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)
Dany Lions Ltd v Bristol Cars Ltd [2014] EWHC 817 (QB) (21 March 2014)
High Court (Chancery Division)
Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)
Thevarajah & Anor v Riordan & Ors [2014] EWHC 725 (Ch) (21 March 2014)
Enta Technologies Ltd v Revenue And Customs [2014 EWHC 548 (Ch) (21 March 2014)
High Court (Administrative Court)
Brown v Carlisle City Council [2014] EWHC 707 (Admin) (21 March 2014)
High Court (Family Division)
T (A Child: Care And Placement Orders) [2014] EWHC 798 (Fam) (20 March 2014)
Leicester City Council v Chhatbar & Anor [2014] EWHC 830 (Fam) (28 February 2014)
High Court (Technology and Construction Court)
Fujitsu Services Ltd v IBM United Kingdom Ltd [2014] EWHC 752 (TCC) (21 March 2014)
Source: www.bailii.org
Regina v Achogbuo – WLR Daily
‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Data protection and compensation: the “irreversible march” towards revolutionary change – Panopticon
‘At 11KBW’s Information Law conference this past Tuesday, I talked a bit about the progress of the draft EU Data Protection Regulation. I omitted to mention last week’s development (my reason: I was on holiday in Venice, where data protection seemed less pressing). In a plenary session on 12 March, the European Parliament voted overwhelmingly in support of the Commission’s current draft of the Regulation. This is all explain in this Memo from the European Commission. Here are some key points.’
Panopticon, 21st March 2014
Source: www.panopticonblog.com
Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent
‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’
The Independent, 23rd March 2014
Source: www.independent.co.uk
Two men first to be charged in UK under FGM Act – The Guardian
‘Two men are to be charged in the first UK prosecutions under the Female Genital Mutilation Act, the Crown Prosecution Service (CPS) has announced.’
The Guardian, 21st March 2014
Source: www.guardian.co.uk
Bungling ‘umbrella robber’ jailed for life – Daily Telegraph
‘Judge apologises to victims after court hears armed robber had received life sentences twice before.’
Daily Telegraph, 21st March 2014
Source: www.telegraph.co.uk
Gay couples look forward to getting married on first legal day – The Guardian
‘Historic ceremonies scheduled for 29 March herald new era of equality for gay couples across UK.’
The Guardian, 21st March 2014
Source: www.guardian.co.uk
