Regina (Eastenders Cash and Carry plc and others) v Revenue and Customs Commissioners; Regina (First Stop Wholesale Ltd) v Revenue and Customs Commissioners – WLR Daily
‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Regina v Ahmad and another; Regina v Fields and others – WLR Daily
Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264
‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Regina (Nunn) v Chief Constable of Suffolk Constabulary – WLR Daily
Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265
‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily
‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Hayes v Hayes – WLR Daily
Hayes v Hayes: [2014] WLR (D) 267
‘Cross-examination was not appropriate on the hearing of a bankruptcy petition. The appeal court should be slow to depart from the regular practice of registrars, which was to decide such hearings without cross-examination. The insolvency court was not a suitable forum for the trying of disputes.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same – WLR Daily
‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)
Monfared v Chartered Society of Physiotherapy [2014] EWCA Civ 828 (19 June 2014)
Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)
Family Court Decisions (other Judges)
P (A Child: Assessment of Kinship Carers) [2014] EWFC B73 (16 June 2014)
High Court (Chancery Division)
Kaur v Dhaliwal & Anor [2014] EXHC 1991 (Ch) (17 June 2014)
High Court (Commercial Court)
Grizzly Business Ltd v Stena Drilling Ltd & Anor [2014] EWHC 1920 (Comm) (13 June 2014)
High Court (Family Division)
Z (Children), Re [2014] EWHC 1999 (Fam) (18 June 2014)
High Court (Technology and Construction Court)
Americhem Europe Ltd v Rakem Ltd [2014] EWHC 1881 (TCC) (13 June 2014)
Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)
Source: www.bailii.org
Court of Appeal rules against second airline on flight delays – Law society’s Gazette
‘The aviation industry has suffered another court defeat after an appeal judge ruled claims can be made up to six years after a flight delay.’
Law Society’s Gazette, 20th June 2014
Source: www.lawgazette.co.uk
Female Genital Mutilation: Protection v Punishment – Family Law Week
‘In anticipation of the Commons Home Affairs Select Committee’s report into FGM, Melanie Hepworth, Solicitor at Covent Garden Family Law, calls for greater awareness of the violence threatened to thousands of girls in the UK.’
Family Law Week, 18th June 2014
Source: www.familylawweek.co.uk
Rogue landlords exploit deposit protection loophole – The Guardian
‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
Immigration inspector warns of rise in proxy marriage misuse – The Guardian
‘The chief inspector of borders has warned of increasing abuse of overseas “proxy marriages”, at which neither party is present at the ceremony, as a way to subvert British immigration rules.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
EU ruling goes against ministers on pregnant benefit claimant – The Guardian
‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
Watchdog attacks the government’s handling ‘fiasco’ of disability payouts – The Guardian
‘The government’s handling of personal independence payments (Pips) has been “nothing short of a fiasco” that has caused distress to thousands of sick and disabled people, parliament’s public spending watchdog has found.’
The Guardian, 20th June 2014
Source: www.guardian.co.uk
Gleision: Mine death families call for answers – BBC News
‘The families of miners who drowned when 650,000 gallons of water flooded a mine want to know why the men were working near an area where water was suspected. Charles Breslin, 62, David Powell, 50, Philip Hill, 44, and Garry Jenkins, 39, died at the Gleision colliery when a controlled explosion let in the water. The mine’s manager and owners were cleared of manslaughter on Thursday.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
Guilty verdict in former N-Dubz singer Dappy slap case – BBC News
‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
Kyle Keen: Toddler death ‘could have been avoided’ – BBC News
‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’
BBC News, 19th June 2014
Source: www.bbc.co.uk
Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon
‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’
Panopticon, 19th June 2014
Source: www.panopticonblog.com
Recent Statutory Instruments – legislation.gov.uk
The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014
The Adoption and Children Act Register Regulations 2014
The Adoption Support Services (Amendment) Regulations 2014
The Scotland Act 1998 (Modification of Schedule 5) Order 2014
The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2014
The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2014
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Community Care) Regulations 2014
The Companies Act 2006 (Interconnection of Registers) Order 2014
The Films Co-Production Agreements (Amendment) Order 2014
Source: www.legislation.gov.uk
