Two-month deadline over in-app charges – BBC News
‘Creators of mobile apps that promote in-app purchases are being given two months to comply with Office of Fair Trading guidelines’
BBC News, 30th January 2014
Source: www.bbc.co.uk
Prosecutors drop case against men caught taking food from Iceland bins – The Guardian
‘Three men caught taking discarded food from bins outside an Iceland store will not now be prosecuted after an explosion of criticism over the decision to bring charges against them, including from the company’s chief executive.’
The Guardian, 29th January 2014
Source: www.guardian.co.uk
Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers
‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’
Sovereign Chambers, 29th January 2014
Source: www.sovereignchambers.co.uk
A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court
‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’
Full story (Word)
Six Pump Court, 29th January 2014
Source: www.6pumpcourt.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Virgin Media Ltd, R (on the application of) v Zinga [2014] EWCA Crim 52 (24 January 2014)
Cooke, & Ors, R. v [2014] EWCA Crim 53 (24 January 2014)
High Court (Queen’s Bench Division)
Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) (24 January 2014)
High Court (Family Division)
A Local Authority v DG & Ors [2014] EWHC 63 (Fam) (24 January 2014)
Divall v Divall [2014] EWHC 95 (Fam) (24 January 2014)
High Court (Technology and Construction Court)
Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC) (24 January 2014)
High Court (Commercial Court)
Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm) (27 January 2014)
Glencore Energy UK Ltd v Cirrus Oil Services Ltd [2014] EWHC 87 (Comm) (24 January 2014)
High Court (Patents Court)
Astrazeneca AB & Anor v KRKA, DD Novo Mesto & Anor [2014] EWHC 84 (Pat) (24 January 2014)
Source: www.bailii.org
Is a cheque book better than a defence statement? – Six Pump Court
‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’
Full story (Word)
Six Pump Court, 29th January 2014
Source: www.6pumpcourt.co.uk
Proving and disproving discrimination – Cloisters
‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’
Full story (PDF)
Cloisters, 14th January 2014
Source: www.cloisters.com
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
