Expensive choices – NearlyLegal
‘One of a couple of cases on intentional homelessness and affordability of accommodation.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Allocation, Allocation, Allocation – NearlyLegal
‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog
‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’
UK Human Rights Blog, 22nd November 2013
Source: www.ukhumanrightsblog.com
When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog
‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’
UK Human Rights Blog, 21st November 2013
Source: www.ukhumanrightsblog.com
APPGER in the Upper Tribunal – Panopticon
‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’
Panopticon, 22nd November 2013
Source: www.panopticonblog.com
Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com
‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’
OUT-LAW.com, 22nd November 2013
Source: www.out-law.com
Re-brand of imported drugs under locally used trade mark not justified, rules High Court – OUT-LAW.com
‘A drugs distributor was not justified in changing the name of products it had imported from France and Germany to sell into the UK to that of a rivals’ trade mark, the High Court has ruled.’
OUT-LAW.com, 25th November 2013
Source: www.out-law.com
Children and Intentional Homelessness – NearlyLegal
‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
More children and housing duties – NearlyLegal
‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’
NearlyLegal, 24th November 2013
Source: www.nearlylegal.co.uk/blog/
Recent Statutory Instruments – legislation.gov.uk
Dixons Retail plc v Revenue and Customs Commissioners – WLR Daily
Dixons Retail plc v Revenue and Customs Commissioners: (Case C-494/12); [2013] WLR (D) 448
‘Pursuant to articles 2(1), 5(1) and 11A(1)(a) of Sixth Council Directive 77/388/EEC and articles 2(1)(a), 14(1) and 73 of Council Directive 2006/112/EC, the physical transfer of goods to a purchaser who had fraudulently used a bank card as a means of payment constituted a “supply of goods” within the meaning of articles 2(1) and 5(1) of Directive 77/388 and articles 2(1)(a) and 14(1) of Directive 2006/112 and, in the context of such a transfer, the payment made by a third party, under an agreement concluded between it and the supplier of those goods by which the third party undertook to pay the supplier for the goods sold by the latter to purchasers using such a card as a means of payment, constituted “consideration” within the meaning of article 11A(1)(a) of Directive 77/388 and article 73 of Directive 2006/112.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre – WLR Daily
‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
In re C (A Child) – WLR Daily
In re C (A Child): [2013] EWCA Civ 1412; [2013] WLR (D) 449
‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)
Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)
Court of Appeal (Civil Division)
Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2013] EWCA Civ 1512 (22 November 2013)
Gabriel v Little & Ors [2013] EWCA Civ 1513 (22 November 2013)
High Court (Administrative Court)
High Court (Family Division)
Young v Young [2013] EWHC 3637 (Fam) (22 November 2013)
Tchenquiz -Imerman v Imerman [2013] EWHC 3627 (Fam) (22 November 2013)
High Court (Queen’s Bench Division)
X Y Z v Various companies (PIP Breast Implant Litigation) [2013] EWHC 3643 (QB) (22 November 2013)
Wicks v Parkin & Ors [2013] EWHC 3671 (QB) (22 November 2013)
Source: www.bailii.org
Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately – Family Law Week
‘Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.’
Family Law week, 22nd November 2013
Source: www.familylawweek.co.uk
Street performers mount legal challenge against Camden council’s decision to licence busking – The Independent
‘Camden council’s decision to licence busking across the borough faces a legal challenge from the Association of Street Artists and Performers.’
The Independent, 22nd November 2013
Source: www.independent.co.uk
Treasury inquiry announced into Co-op Bank turmoil as Paul Flowers bailed – The Independent
‘An independent Treasury inquiry into the turmoil at the Co-operative Bank, including the appointment of Paul Flowers as its chairman, was announced tonight by Chancellor George Osborne.’
The Independent, 22nd November 2013
Source: www.independent.co.uk
Former Met police chief calls for more local ‘bobbies on the beat’ – The Guardian
‘Lord Stevens says frontline officers should do more than just react to criminality and must be more visible and proactive in communities.’
The Guardian, 24th November 2013
Source: www.guardian.co.uk
MoD pays out £100,000 to female RAF recruits injured from marching in step with the men – The Independent
‘Three female RAF recruits have each been given £100,000 by the Ministry of Defence after incurring injuries from marching in step with their male colleagues.’
The Independent, 24th November 2013
Source: www.independent.co.uk
