BAILII: Recent Decisions

Posted December 3rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Brown, R. v [2013] EWCA Crim 2023 (29 October 2013)

Dyer & Ors, R. v [2013] EWCA Crim 2114 (05 November 2013)

Docherty -Puncheon, R. v [2013] EWCA Crim 2027 (29 October 2013)

Court of Appeal (Civil Division)

Bloy v Motor Insurers’ Bureau [2013] EWCA Civ 1543 (29 November 2013)

Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 (29 November 2013)

European Risk Insurance Company HF v McManus & Ors (t/a McManus Seddon Runhams (a firm)) [2013] EWCA Civ 1545 (02 December 2013)

High Court (Queen’s Bench Division)

Schumann & Anor v Wasbrough [2013] EWHC 3730 (QB) (29 November 2013)

Dewji v Banwaitt [2013] EWHC 3746 (QB) (29 November 2013)

High Court (Chancery Division)

Test Claimants In the Franked Investment Income Group Litigation v Inland Revenue & Anor [2013] EWHC 3757 (Ch) (29 November 2013)

Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 3759 (Ch) (29 November 2013)

Rivertrade Ltd v EMG Finance Ltd & Ors [2013] EWHC 3745 (Ch) (28 November 2013)

High Court (Administrative Court)

Sanders & Anor v Airports Commission & Anor [2013] EWHC 3754 (Admin) (02 December 2013)

Sellars, R (on the application of) v Basingstoke & Deane Borough Council [2013] EWHC 3673 (Admin) (21 November 2013)

High Court (Family Division)

W v H [2013] EWHC 3756 (Fam) (29 November 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

High Court (Patents Court)

Actavis UK Ltd v Eli Lilly & Company [2013] EWHC 3749 (Pat) (27 November 2013)

Source: www.bailii.org

The Future of Legal Regulation – Legal Services Board

Posted December 3rd, 2013 in legal services, Legal Services Board, news, speeches by sally

The Future of Legal Regulation (PDF)

Legal Services Board, 20th November 2013

Source: www.legalservicesboard.org

Support for vulnerable women and taxpayers in court fees changes – Ministry of Justice

Posted December 3rd, 2013 in civil justice, consultations, courts, domestic violence, fees, injunctions, news by sally

‘People taking high value cases through civil courts in England and Wales will be expected to pay much more towards their running costs, Courts Minister Shailesh Vara has announced – while the fees for domestic violence injunctions will be scrapped.’

Full story

Ministry of Justice, 3rd December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2013 in legislation by sally

The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013

The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013

The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013

The National Health Service (Approval of Licensing Criteria) Order 2013

The Firearms (Amendment) (No. 2) Rules 2013

The Energy Supply Company Administration (Amendment) Rules 2013

The Taxation of Chargeable Gains (Gilt-edged Securities)  (No. 2) Order 2013

The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2013

The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013

The Air Navigation (Restriction of Flying) (Oban Aerodrome) Regulations 2013

The Veterinary Surgeons’ Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No.4) Order 2013

The Education (Listed Bodies) (England) Order 2013

The Education (Recognised Bodies) (England) Order 2013

The Authorised Investment Funds (Tax) (Amendment) (No. 2) Regulations 2013

Source: www.legislation.gov.uk

Bloy and another v Motor Insurers’ Bureau – WLR Daily

Posted December 3rd, 2013 in appeals, compensation, foreign jurisdictions, law reports, personal injuries, uninsured drivers by sally

Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464

‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Abu Qatada: Trial date set for cleric – BBC News

Posted December 3rd, 2013 in foreign jurisdictions, news, terrorism, trials by sally

‘The trial of radical cleric Abu Qatada, deported from the UK in July, is to begin in Jordan next week, his lawyer says.’

Full story

BBC News, 3rd December 2013

Source: www.bbc.co.uk

Children and Families Bill 2013 – all change, but is it for the better? – Halsbury’s Law Exchange

Posted December 3rd, 2013 in adoption, bills, care orders, children, families, fostering, news, time limits by sally

‘The Children and Families Bill 2013 represents one of the biggest shake-ups of the law relating to family life in years.’

Full story

Halsbury’s Law Exchange, 3rd december 2013

Source: www.halsburyslawexchange.co.uk

All out – barristers step up legal aid opposition with morning of ‘non-attendance’ – Legal Futures

Posted December 3rd, 2013 in barristers, fees, industrial action, legal aid, news by sally

‘The Criminal Bar Association (CBA) has announced a morning of ‘non-attendance’ on the first day of the new court term next year in a major escalation of its opposition to the government’s legal aid cuts.’

Full story

Legal Futures, 2nd December 2013

Source: www.legalfutures.co.uk

Ex-Times lawyer to face tribunal over claims he allowed court to be misled – The Guardian

Posted December 3rd, 2013 in disciplinary procedures, electronic mail, interception, media, news, professional conduct, solicitors, tribunals by sally

‘The former legal manager of the Times newspaper is to appear before a tribunal this week over an allegation that he allowed a court to be misled over the unmasking of a detective writing the anonymous Nightjack blog.’

Full story

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Ministers to develop single public services ombudsman for England – Local Government Lawyer

Posted December 3rd, 2013 in local government, news, ombudsmen, reports by sally

‘The Government is to develop plans for a single public services ombudsman for England, it has been announced.’

Full story

Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk

Slavery – then and, yes, now – Halsbury’s Law Exchange

Posted December 3rd, 2013 in false imprisonment, human rights, news, trafficking in human beings by sally

‘The recent story of three women being freed after an alleged 30 years held captive in a South London house has aroused enormous public interest. It is a shocking example of modern day slavery. Perhaps it is so shocking because we assume that the very practice of slavery no longer exists here; that it lives on only in the history books.’

Full story

Halsbury’s Law Exchange, 2nd December 2013

Source: www.halsburyslawexchange.co.uk

HIV positive predatory paedophile and his accomplice who led ‘double lives’ sentenced to life for abusing boys as young as thirteen – The Independent

Posted December 3rd, 2013 in child abuse, HIV, news, sentencing, sexual offences by sally

‘Two “predatory” paedophiles, one of whom is HIV positive, have been jailed for life.’

Full story

The Independent, 2nd December 2013

Source: www.independent.co.uk

Profumo affair scapegoat’s wrongful conviction down to top judges, says QC – The Guardian

Posted December 3rd, 2013 in barristers, Criminal Cases Review Commission, evidence, judges, jury directions, miscarriage of justice, news by sally

‘Senior judges were to blame for the wrongful conviction of osteopath Stephen Ward who become a public scapegoat during the Profumo affair, according a fresh legal examination of the 1963 trial.’

Full story

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Lessons learned from the ‘Forced C-section’ case – UK Human Rights Blog

Posted December 3rd, 2013 in birth, care orders, Court of Protection, media, news, social services by sally

‘Journalist Christopher Booker reported in Saturday’s Telegraph that an Italian woman was forced by Essex County Council social services to have a cesarean section, and then had her baby taken away from her – all sanctioned by the Court of Protection.’

Full story

UK Human Rights Blog, 3rd December 2013

Source: www.ukhumanrightsblog.com

Black chef suing boss after he used word ‘golliwog’ during conversation about Robertson’s jam – Daily Telegraph

Posted December 3rd, 2013 in harassment, news, racism, time limits, tribunals by sally

‘The chef’s lawyers are battling to convince judges the word is inherently offensive to black people and almost always discriminatory – no matter in what context it is used.’

Full story

Daily Telegraph, 2nd December 2013

Source: www.telegraph.co.uk

Birmingham bag-snatcher jailed for woman’s death – BBC News

Posted December 3rd, 2013 in assault, homicide, news, sentencing, theft by sally

‘A bag-snatcher who fatally injured a Birmingham grandmother during a mugging has been jailed for 11 years.’

Full story

BBC News, 2nd December 2013

Source: www.bbc.co.uk

Forced caesarean was carried out ‘because of risks to mother and child’ – The Guardian

Posted December 3rd, 2013 in adoption, birth, consent, local government, medical treatment, mental health, news, social services by sally

‘The council at the centre of a row over an Italian woman who was given a forced caesarean section and then had her baby taken from her said the decision was taken over concerns about the “risks to mother and child”.’

Full story

The Guardian, 2nd December 2013

Source: www.guardian.co.uk

Council wins High Court battle in first test of school intervention powers – Local Government Lawyer

Posted December 2nd, 2013 in education, local government, news, standards by sally

‘A city council has won a High Court battle with a governing body in the first case to consider the application of an authority’s intervention powers under s. 60 of the School Standards and Framework Act 1998.’

Full story

Local Government Lawyer, 2nd December 2013

Source: www.localgovernmentlawyer.co.uk

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd – WLR Daily

Posted December 2nd, 2013 in construction industry, contracts, damages, dispute resolution, law reports, limitations, repayment by sally

Aspect Contracts (Asbestos) Ltd v Higgins Construction Ltd [2013] EWCA Civ 1541; [2013] WLR (D) 463

‘On a true construction of an implied term in a construction contract a party was entitled, following an adjudication in which it had been the loser, but where it maintained that it had made an over-payment, to bring proceedings for repayment; and the applicable limitation period ran from the date of the over-payment.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Newcastle International Airport Ltd v Eversheds LLP – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462

‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk