BAILII: Recent Decisions
Court of Appeal (Civil Division)
Jefferson v O’Connor [2014] EWCA Civ 38 (28 January 2014)
Solihull Metropolitan Borough Council v Khan [2014] EWCA Civ 41 (28 January 2014)
Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 (28 January 2014)
High Court (Chancery Division)
Boxing Brands Ltd v Sports Direct International Plc & Ors [2014] EWHC 91 (Ch) (28 January 2014)
Park v Cho & Ors [2014] EWHC 55 (Ch) (24 January 2014)
High Court (Administrative Court)
Source: www.bailii.org
Three charged with stealing food from skip behind Iceland supermarket – The Guardian
‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’
The Guardian, 28th January 2014
Source: www.guardian.co.uk
Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily
‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily
ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26
‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’
WLR Daily, 24th January 2014
Source: www.iclr.co.uk
Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily
‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
In re St Chad, Bishop’s Tachbrook – WLR Daily
In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24
‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’
WLR Daily, 9th January 2014
Source: www.iclr.co.uk
Mental Health Act detentions up 12% – BBC News
‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
Impossible Preference: Excluding the homeless from housing lists – NearlyLegal
‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’
NearlyLegal, 28th January 2014
Source: www.nearlylegal.co.uk
Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon
‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’
Panopticon, 28th January 2014
Source: www.panopticonblog.com
Handling of female asylum seekers ‘puts UK to shame’ – The Independent
‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’
The Independent, 29th January 2014
Source: www.independent.co.uk
16-year laptop credit agreement fight reaches supreme court – The Guardian
‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’
The Guardian, 28th January 2014
Source: www.guardian.co.uk
Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com
‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’
OUT-LAW.com, 28th January 2014
Source: www.out-law.com
Killer Paul Smith’s appeal rejected in Rosie May murder case – BBC News
‘A man who killed a 10-year-old girl at a Christmas party in 2003 has lost an appeal against his conviction and sentence.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
Woman ordered to stop posting images of two-year-old granddaughter in Facebook ‘campaign’ after she was taken into care – The Independent
‘A woman has been ordered to stop an online “campaign” against a court’s decision to take her two-year-old granddaughter into care.’
The Independent, 28th January 2014
Source: www.independent.co.uk
Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub
‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’
Barristers’ Hub, 27th January 2014
Source: www.barristershub.co.uk
