Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by sally

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 28th November 2013

Source: www.out-law.com

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by sally

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 28th, 2013 in legislation by sally

The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013

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

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

The Crime and Courts Act 2013 (Commencement No. 6) Order 2013

The Age-Related Payments Regulations 2013

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) Order 2013

Source: www.legislation.gov.uk

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by sally

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Preddy v Bull and another; Hall v Same – WLR Daily

Preddy v Bull and another; Hall v Same: [2013] UKSC 73;   [2013] WLR (D)  454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by sally

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Oboh and others v Secretary of State for the Home Department – WLR Daily

Posted November 28th, 2013 in appeals, EC law, families, freedom of movement, law reports by sally

Oboh and others v Secretary of State for the Home Department: [2013] EWCA Civ 1525; [2013] WLR (D) 452

‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisons

Posted November 28th, 2013 in law reports by sally

Supreme Court

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013)

Bull & Anor v Hall & Anor [2013] UKSC 73 (27 November 2013)

Court of Appeal (Civil Division)

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514 (28 November 2013)

Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 (27 November 2013)

Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWCA Civ 1493 (27 November 2013)

Farrer (p/a Farrer Huxley Associates) & Anor v Wiles [2013] EWCA Civ 1511 (27 November 2013)

PK Congo v Secretary of State for the Home Department [2013] EWCA Civ 1500 (27 November 2013)

High Court (Administrative Court)

Alansi, R (on the application of) v London Borough of Newham [2013] EWHC 3722 (Admin) (27 November 2013)

Devon & Cornwall Police v HM Coroner for Plymouth, Torbay and South Devon & Ors [2013] EWHC 3729 (Admin) (27 November 2013)

Mevagissey Parish Council, R (on the application of) v Cornwall Council & Anor [2013] EWHC 3684 (Admin) (27 November 2013)

Secretary of State for Foreign & Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin) (27 November 2013)

Cotswold District Council v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3719 (Admin) (27 November 2013)

McKay v Secretary of State for Justice [2013] EWHC 3728 (Admin) (27 November 2013)

High Court (Commercial Court)

Galaxy Energy International Ltd v Murco Petroleum Ltd [2013] EWHC 3720 (Comm) (27 November 2013)

Venetico Marine SA v International General Insurance Company Ltd & Ors [2013] EWHC 3644 (Comm) (27 November 2013)

High Court (Patents Court)

Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)

High Court (Queen’s Bench Division)

John Ruskin College v Harley [2013] EWHC 3714 (QB) (26 November 2013)

Source: www.bailii.org

 

Litigation Trends Survey – The Jackson Effect – New Law Journal

Posted November 28th, 2013 in budgets, costs, fees, law firms, news by sally

‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’

Full text

New Law Journal, 30th October 2013

Source: www.newlawjournal.co.uk

Commission calls for code to protect whistleblowers – Law Society’s Gazette

Posted November 28th, 2013 in codes of practice, news, reports, whistleblowers by sally

‘Workers who expose wrongdoing should be protected by a statutory whistleblowing code, according to a report by a retired senior judge.’

Full story

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Chancery Lane issues advice on barristers’ VHCC protest – Law Society’s Gazette

Posted November 28th, 2013 in barristers, fees, industrial action, Law Society, legal aid, news, solicitors by sally

‘Firms should treat the withdrawal of barristers from very high cost cases (VHCCs) in protest over fee cuts like any other change of legal team, the Law Society has today advised.’

Full story

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

The latest challenge to the badger cull extension – UK Human Rights Blog

Posted November 28th, 2013 in animals, consultations, environmental health, judicial review, news by sally

‘A new challenge was filed yesterday to the badger cull extension presently under way in the South West of England.’

Full story

UK Human Rights Blog, 27th November 2013

Source: www.ukhumanrightsblog.com

Security guard spared jail over Jon Venables tweet – Daily Telegraph

Posted November 28th, 2013 in anonymity, costs, guilty pleas, injunctions, internet, news, sentencing, suspended sentences by sally

‘A security guard who tweeted images purporting to be of Jon Venables as an adult has avoided jail after a court heard he was close to James Bulger’s family.’

Full story

Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk

Litvinenko, courts and secrecy – BBC News

‘The government has successfully won a court order blocking the release of secret information in relation to the death of the former KGB spy Alexander Litvinenko. Alexander Litvinenko fell ill after a meeting with former KGB contacts in London in 2006. It is the latest legal twist in what is becoming an ever-more complicated legal fight between his widow, the proposed coroner and ministers over what should or should not be made public about the nature of his death.’

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

Chinese businessman found guilty of murdering family of four in ‘revenge’ – Daily Telegraph

Posted November 28th, 2013 in complaints, costs, diminished responsibility, mental health, murder, news, police, trials by sally

‘A Chinese businessman who massacred a family of four by stabbing them to death in a “cold-blooded” revenge attack after losing a court battle with them has been found guilty of murder.’

Full story

Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk

Lostprophets’ Ian Watkins case: Ex-Ceop head warns others may slip through net – BBC News

‘Child sex abuse cases like Lostprophets singer Ian Watkins will slip through the net due to a lack of resources, a child protection expert has warned. Jim Gamble, ex-head of the Child Exploitation and Online Protection centre (Ceop), wants more money invested in regional child protection teams to catch online abusers.’

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

Stop deferring to human rights court, says senior judge – The Guardian

Posted November 28th, 2013 in courts, human rights, interpretation, judges, news, speeches, treaties by sally

‘UK courts should stop deferring to the European court of human rights on every issue and develop their own rulings, according to Lord Justice Laws, the longest serving court of appeal judge.’

Full story

The Guardian, 27th November 2013

Source: www.guardian.co.uk

Carole Waugh: Gambling-addicted conman found guilty of murder – Daily Telegraph

Posted November 28th, 2013 in gambling, murder, news, perverting the course of justice, prostitution by sally

‘A professional conman was found guilty on Wednesday of murdering a lonely millionairess who worked as an escort so he could steal her money to feed his gambling habit. Rakesh Bhayani, 41, was convicted by an Old Bailey jury of killing Carole Waugh, 49, at her home and hiding her body in the boot of a car in a rented lock-up garage.’

Full story

Daily Telegraph, 27th November 2013

Source: www.telegraph.co.uk

Winterbourne View abuse victims to receive compensation – BBC News

Posted November 28th, 2013 in compensation, hospitals, learning difficulties, news, victims by sally

‘Compensation will be paid to 19 families of vulnerable people who were abused at the Winterbourne View private hospital, near Bristol.’

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

Food outlets will be forced to display hygiene ratings – BBC News

Posted November 28th, 2013 in food hygiene, health & safety, news, small businesses, Wales by sally

‘Wales has become the first part of the UK to force food outlets to prominently display food hygiene ratings. The new law, which came into force on Thursday, builds on a voluntary scheme, known as “scores on the doors”.’

Full story

BBC News, 28th November 2013

Source: www.bbc.co.uk