In re Corey – WLR Daily

Posted December 10th, 2013 in appeals, bail, jurisdiction, law reports, Northern Ireland, release on licence, Supreme Court by sally

In re Corey [2013] UKSC 76;  [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 10th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Anor [2013] EWHC 3674 (Ch) (06 December 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Anor [2013] EWHC 3781 (Comm) (06 December 2013)

High Court (Technology and Construction Court)

J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC) (06 December 2013)

Source: www.bailii.org

Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph

Posted December 10th, 2013 in affidavits, appeals, insurance, news, probate by sally

‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

Battered wife Sally Stickland ran over husband with car – BBC News

Posted December 10th, 2013 in attempted murder, attempts, domestic violence, grievous bodily harm, guilty pleas, murder, news, post-traumatic stress disorder, sentencing, suspended sentences by sally

‘A woman who ran over her husband after suffering years of domestic violence has been given a suspended prison term.’

Full story

BBC News, 9th December 2013

Source: www.bbc.co.uk

Rochdale child sex exploitation: Inquiry to begin – BBC News

Posted December 10th, 2013 in child abuse, inquiries, news, sexual offences by sally

‘An inquiry into child sexual exploitation is to be held to assess improvements in protecting youngsters since the Rochdale grooming case.’

Full story

BBC News, 9th December 2013

Source: www.bbc.co.uk

Royal Marine seeks to overturn conviction for murder – Daily Telegraph

Posted December 10th, 2013 in appeals, armed forces, mental health, murder, news, sentencing by sally

‘Lawyers for Royal Marine convicted of murder will launch an appeal against his conviction.’

Full story

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

Aristocrat faces jail for years of drunken attacks on his wife – Daily Telegraph

Posted December 10th, 2013 in divorce, domestic violence, guilty pleas, news by sally

‘Aristocrat from one of Britain’s most distinguished families is facing jail after he admitted beating his wife during 22 years of marriage.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

World’s leading authors: state surveillance of personal data is theft – The Guardian

Posted December 10th, 2013 in data protection, interception, investigatory powers, news, theft, whistleblowers by sally

‘More than 500 of the world’s leading authors, including five Nobel prize winners, have condemned the scale of state surveillance revealed by the whistleblower Edward Snowden and warned that spy agencies are undermining democracy and must be curbed by a new international charter.’

Full story

The Guardian, 10th December 2013

Source: www.guardian.co.uk

Tens of thousands harmed in hospital by IV drip blunders – Daily Telegraph

Posted December 10th, 2013 in doctors, hospitals, medical treatment, medicines, news, nurses by sally

‘Around 500 patients could be dying each year because of an “astonishing” lack of training in the use of intravenous drips, health experts have warned.’

Full story

Daily Telegraph, 10th December 2013

Source: www.telegraph.co.uk

How to tweet without ending up in prison – The Guardian

Posted December 9th, 2013 in anonymity, attorney general, codes of practice, contempt of court, defamation, internet, news, prosecutions by sally

‘An ill-judged tweet can land you in a whole lot of legal bother, as Peaches Geldof and Sally Bercow know only too well. So the attorney general’s new guidelines are essential reading.’

Full story

The Guardian, 4th December 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Swan Housing Association Ltd v Gill [2013] EWCA Civ 1566 (09 December 2013)

High Court (Queen’s Bench Division)

Kagalovsky & Anor v Balmore Invest Ltd & Ors [2013] EWHC 3876 (QB) (09 December 2013)

AXA Insurance UK Plc v Rossiter [2013] EWHC 3805 (QB) (05 December 2013)

High Court (Administrative Court)

P (DRC), R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin) (09 December 2013)

Ku, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 3881 (Admin) (09 December 2013)

High Court (Commercial Court)

Baturina v Chistyakov [2013] EWHC 3537 (Comm) (14 November 2013)

Source: www.bailii.org

Jurors who search web during cases could be jailed under new proposals – The Guardian

Posted December 9th, 2013 in attorney general, confiscation, contempt of court, freedom of expression, imprisonment, internet, judiciary, juries, Law Commission, media, news, reporting restrictions by sally

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Boat race protester Trenton Oldfield wins appeal against deportation – The Guardian

Posted December 9th, 2013 in appeals, demonstrations, deportation, families, immigration, news by sally

“Trenton Oldfield, an Australian protester who leapt into the Thames to disrupt the Oxford versus Cambridge boat race, will not be sent back to Australia, an immigration judge has said.”

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Finance and Divorce Update – Family Law Week

Posted December 9th, 2013 in consultations, costs, disclosure, dispute resolution, divorce, financial dispute resolution, financial provision, indemnities, news by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’

Full story

Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

The Shortcomings of Computer-Generated Exhibits – Criminal Law and Justice Weekly

Posted December 9th, 2013 in computer programs, evidence, juries, news by sally

‘Guidelines should be given on the use of computer-generated exhibits, Dr Gareth Norris writes.’

Full story

Criminal Law and Justice Weekly,

Source: www.criminallawandjustice.co.uk

Mba v Merton London Borough Council – WLR Daily

Posted December 9th, 2013 in appeals, care workers, Christianity, employment tribunals, human rights, law reports, local government, proportionality, religious discrimination, Sunday trading, working time by sally

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Posted December 9th, 2013 in appeals, civil procedure rules, disclosure, employment, government departments, health & safety, jurisdiction, law reports, practice directions by sally

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina v J and others – WLR Daily

Posted December 9th, 2013 in agency, appeals, consent, conspiracy, corruption, crime prevention, law reports, prosecutions by sally

Regina v J and others [2013] EWCA Crim 2287; [2013] WLR (D) 472

‘Where an offence under section 1 of the Prevention of Corruption Act 1906 was alleged it was not necessary for the prosecution to prove, as an ingredient of the offences under that section, that the principal did not know of the payment and did not give his informed consent. It was only necessary to prove that the payment made for the prohibited purpose was made corruptly.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Posted December 9th, 2013 in education, immigration, interpretation, law reports, sponsored immigrants, tribunals by sally

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk