BAILII: Recent Decisions

Posted January 31st, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Kanu, R. v [2014] EWCA Crim 67 (23 January 2014)

Court of Appeal (Civil Division)

Barnes v Revenue And Customs [2014] EWCA Civ 31 (30 January 2014)

Innerspaces Self Storage Ltd v Harding & Ors [2014] EWCA Civ 46 (30 January 2014)

Murrills v Berlanda & Anor [2014] EWCA Civ 6 (30 January 2014)

High Court (Chancery Division)

Keene (Trustees of the Graphic Reproduction Federation) v Wellcom London Ltd & Ors [2014] EWHC 134 (Ch) (30 January 2014)

Roadchef (Employee Benefits Trustees) Ltd v Hill & Anor [2014] EWHC 109 (Ch) (29 January 2014)

High Court (Administrative Court)

Thakeham Village Action Ltd, R (On the Application Of) v Horsham District Council [2014] EWHC 67 (Admin) (29 January 2014)

Zerom, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 92 (Admin) (30 January 2014)

High Court (Commercial Court)

Trafigura Beheer BV v Navigazione Montanari Spa [2014] EWHC 129 (Comm) (30 January 2014)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2014] EWHC 112 (Comm) (30 January 2014)

Source: www.bailii.org

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014

Posted January 31st, 2014 in elections, legislation, lobbying, third parties, trade unions by sally

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Mesothelioma Act 2014

Posted January 31st, 2014 in asbestos, cancer, compensation, industrial injuries, legislation, personal injuries by sally

Mesothelioma Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

European Union (Approvals) Act 2014

Posted January 31st, 2014 in EC law, legislation, regulations, treaties by sally

European Union (Approvals) Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Local Audit and Accountability Act 2014

Posted January 31st, 2014 in auditors, health, legislation, local government by sally

Local Audit and Accountability Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 31st, 2014 in legislation by sally

The Special Educational Needs (Direct Payments) (Pilot Scheme) (Extension and Amendment) Order 2014

The Football Spectators (2014 World Cup Control Period) Order 2014

The Heavy Fuel Oil (Amendment) Regulations 2014

The Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2014

Source: www.legislation.gov.uk

Recorded rape figures vary widely across England and Wales – BBC News

Posted January 31st, 2014 in news, police, rape, statistics by sally

‘New figures show wide variations in the way police record and classify rape allegations across the 43 police forces in England and Wales.’

Full story

BBC News, 31st January 2014

Source: www.bbc.co.uk

Diakité v Commissaire général aux réfugiés et aux apatrides – WLR Daily

Posted January 31st, 2014 in asylum, EC law, international law, interpretation, law reports, war by sally

Diakité v Commissaire général aux réfugiés et aux apatrides (Case C-285/12); [2014] WLR (D) 37

‘An internal “armed conflict” existed, for the purposes of article 15(c) of Council Directive 2004/83/EC, if a state’s armed forces confronted one or more armed groups or if two or more armed groups confronted each other. It was not necessary for that conflict to be categorised as “armed conflict” not of an international character under international humanitarian law; nor was it necessary to carry out, in addition to an appraisal of the level of violence present in the territory concerned, a separate assessment of the intensity of the armed confrontations, the level of organisation of the armed forces involved or the duration of the conflict.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted January 31st, 2014 in asylum, burden of proof, law reports, refugees, Scotland, treaties, United Nations by sally

IA (Iran) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening) [2014] UKSC 6; [2014] WLR (D) 36

‘National decision-makers had an independent and autonomous responsibility under the Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906) to determine the applications of those who had applied for asylum. An earlier decision of the United Nations High Commissioner for Refugees (“UNHCR”) to grant refugee status was not binding on the national decision-maker, nor did it create any presumption or shift the burden of proof.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Man jailed for trying to arrange child rape on webcam – The Guardian

Posted January 31st, 2014 in child abuse, indecent photographs of children, internet, news, sentencing by sally

‘A man who tried to persuade parents to sexually abuse and rape their children online has been jailed for five years.’

Full story

The Guardian, 30th January 2014

Source: www.guardian.co.uk

Lee Rigby killer Michael Adebolajo makes appeal bid – BBC News

Posted January 31st, 2014 in appeals, murder, news by sally

‘Michael Adebolajo, who was found guilty of the murder of British soldier Lee Rigby, has lodged an application to appeal against his conviction, the Judicial Office has confirmed.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Premier League live football: Pub landlord broke copyright law – BBC News

Posted January 31st, 2014 in copyright, costs, licensed premises, media, news, sport by sally

‘A pub landlord has to pay £65,000 in legal costs for breaching the Premier League’s copyright by showing football matches using a foreign satellite card authorised only for private use.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Social media abuse – could a responsible user course be the answer? – Halsbury’s Law Exchange

Posted January 31st, 2014 in harassment, internet, news, prosecutions, sentencing by sally

‘Caroline Criado- Perez mounted a wonderful and successful campaign to have a woman appear on a Bank of England note. She succeeded and Jane Austen will feature on the next £10 note – hopefully more will follow. Whilst campaigning, however, Ms Craido-Perez was subject to the most appalling online abuse on Twitter.’

Full story

Halsbury’s Law Exchange, 30th January 2014

Source: www.halsburyslawexchange.co.uk

Veil row woman admits witness intimidation – The Guardian

Posted January 31st, 2014 in court dress, human rights, intimidation, Islam, juries, news by sally

‘A Muslim woman who wore a full-face veil in court during her trial has admitted witness intimidation.’

Full story

The Guardian, 30th January 2014

Source: www.guardian.co.uk

Court of Appeal to rule on standard of proof in ‘follow the settlement’ clause dispute – OUT-LAW.com

Posted January 31st, 2014 in insurance, law reports, standard of proof by sally

‘The Court of Appeal is to consider the standard of proof to be applied in unqualified ‘follow the settlement’ clauses in deciding whether a claim falls within the risks covered by the reinsurance policy following a recent High Court judgment.’

Full story

OUT-LAW.com, 30th January 2014

Source: www.out-law.com

Deborah Levey murder: ‘Jekyll and Hyde’ Phillip Brown convicted – BBC News

Posted January 31st, 2014 in murder, news, trials by sally

‘A man who was once described by his former girlfriend as having a “Jekyll and Hyde” character has been convicted of her murder.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Police ‘culture of disbelief’ over rape claims alarms official monitoring group – The Guardian

Posted January 31st, 2014 in news, police, rape, statistics by sally

‘Official concern over a “culture of disbelief” in rape cases has been raised as new figures show that some police forces are writing off up to a third of all allegations reported to them.’

Full story

The Guardian, 31st January 2014

Source: www.guardian.co.uk

Lee Bonsall inquest: Coroner calls for mental health review – BBC News

Posted January 31st, 2014 in armed forces, inquests, medical records, mental health, news, post-traumatic stress disorder by sally

‘A former soldier found hanged gave no indication he was intending to harm himself, an inquest has heard.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd – WLR Daily

Posted January 30th, 2014 in agency, compensation, indemnities, law reports, regulations by sally

Shearman (trading as Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB); [2014] WLR (D) 32

‘A clause in an agency agreement which dealt with an agent’s entitlement to compensation or an indemnity on termination of the agreement was neither consistent with nor permitted by regulation 17(2) of the Commercial Agents (Council Directive) Regulations 1993.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina v Powell (Carl) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

Regina v Powell (Carl) [2014] WLR (D) 34

‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk