Recent Statutory Instruments – legislation.gov.uk
The Local Elections (Northern Ireland) Order 2013
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013
The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013
The Capital Requirements Regulations 2013
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.2) Order 2013
The Land Registration Fee Order 2013
The Inspectors of Education, Children’s Services and Skills (No. 9) Order 2013
The Education (Inspectors of Education and Training in Wales) (No. 2) Order 2013
Source: www.legislation.gov.uk
JO v GO and others – WLR Daily
JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495
‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
In re A (Children) (Adoption: Placement Order) – WLR Daily
In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494
‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily
‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily
‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’
WLR Daily, 11th December 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Plevin v Paragon Personal Finance Ltd & Anor [2013] EWCA Civ 1658 (16 December 2013)
High Court (Administrative Court)
SP, R (On the Application Of) v The Lord Chancellor [2013] EWHC 4011 (Admin) (12 December 2013)
High Court (Family Division)
HA (A Child) , Re [2013] EWHC 3634 (Fam) (28 November 2013)
Source: www.bailii.org
Jeremy Forrest: school staff ‘missed repeated chances to blow whistle’ – The Guardian
‘School staff missed repeated opportunities to blow the whistle on inappropriate conduct between the maths teacher Jeremy Forrest and the teenage schoolgirl he went on to abduct, a damning review has found.’
The Guardian, 16th December 2013
Source: www.guardian.co.uk
Jessie J gig murderer loses conviction appeal – BBC News
‘A man jailed for murdering a father-of-two with a bottle at an event where singer Jessie J was performing has lost his conviction and sentence appeal.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
Don’t Think Twice, It’s All Right (To Manage) – NearlyLegal
‘The right to manage provisions in Commonhold and Leasehold Reform Act 2002 have been an incredibly fertile source of litigation. Thanks Parliament. No, really, thanks a lot. One reason might be the drafting of the legislation itself (as J has said, you could never accuse it of being user friendly) The challenges have focused on the two key elements – the qualifying criteria (or what I am loosely calling “qualifying criteria”) and the procedural requirements. The judicial trend in respect of both has been in favour of allowing the right to manage to be acquired, so far as possible (Exhibit 1 for qualifying criteria: Gala Unity v Ariadne Road; Exhibit 2 for procedure: Avon Freeholds v Regent Court RTM).’
NearlyLegal, 16th December 2013
Source: www.nearlylegal.co.uk
Prisons: Efforts to cut reoffending ‘not working’ – BBC News
‘Efforts to stop prisoners reoffending are “not working” and should be the subject of a major policy review, two senior inspectors have said.’
BBC News, 17th December 2013
Source: www.bbc.co.uk
Assisted suicide ruling cannot ignore right and wrong, says judge – Daily Telegraph
‘Moral questions of right and wrong cannot be “ignored” when deciding whether to allow assisted suicide, senior judge says in landmark challenge to Britain’s euthanasia laws.’
Daily Telegraph, 16th December 2013
Source: www.telegraph.co.uk
Car insurance too high, says Competition Commission – The Guardian
‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’
The Guardian, 17th December 2013
Source: www.guardian.co.uk
‘Let reformed drug addicts become magistrates’, suggests think tank – The Independent
‘Ex-offenders who’ve turned away from crime would be ideally suited to help deal with low-level offenders.’
The Independent, 17th December 2013
Source: www.independent.co.uk
College of Policing review tries to prevent deaths in custody – BBC News
‘The College of Policing is reviewing its training to try to prevent more people dying in police custody in England and Wales, the BBC has learned.;
BBC News, 17th December 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Baybasin & Ors, R v [2013] EWCA Crim 2357 (13 December 2013)
Padda v R. [2013] EWCA Crim 2330 (12 December 2013)
Fort, R v [2013] EWCA Crim 2332 (13 December 2013)
Court of Appeal (Civil Division)
Gaurilcikiene v Tesco Stores Ltd [2013] EWCA Civ 1612 (16 December 2013)
Bunge SA v Nidera BV [2013] EWCA Civ 1628 (12 December 2013)
Birmingham City Council v Balog [2013] EWCA Civ 1582 (12 December 2013)
Seagrain LLC v Glencore Grain BV [2013] EWCA Civ 1627 (12 December 2013)
High Court (Queen’s Bench Division)
Tachie & Ors v Welwyn Hatfield Borough Council [2013] EWHC 3972 (QB) (13 December 2013)
High Court (Chancery Division)
Moxon v Litchfield & Ors, Re LCM Wealth Management Ltd [2013] EWHC 3957 (Ch) (12 December 2013)
High Court (Family Division)
LRP (A Child) (Care Proceedings: Placement Order) [2013] EWHC 3974 (Fam) (12 December 2013)
High Court (Administrative Court)
Glenholme Developments Ltd v The Welsh Ministers & Anor [2013] EWHC 3679 (Admin) (10 December 2013)
Corbett, R (On the Application Of) v Cornwall Council [2013] EWHC 3958 (Admin) (12 December 2013)
DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin) (13 December 2013)
High Court (Technology and Construction Court)
Alexander & Law Ltd v Coveside (21BPR) Ltd [2013] EWHC 3949 (TCC) (12 December 2013)
High Court (Commercial Court)
Bunge SA v Nibulon Trading BV [2013] EWHC 3936 (Comm) (13 December 2013)
High Court (Patents Court)
Smith & Nephew Plc v Convatec Technologies Inc & Anor [2013] EWHC 3955 (Pat) (12 December 2013)
Source: www.bailii.org
One Direction’s Harry Styles wins court order against paparazzi – The Guardian
‘One Direction’s Harry Styles has won a court order banning the paparazzi from pursuing him in the street or waiting outside his house.’
The Guardian, 16th December 2013
Source: www.guardian.co.uk
BT default ‘porn filter’ switched on – BBC News
‘BT has announced the launch of a new internet filter designed to protect children online.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
Modern slavery white paper published – Home Office
‘A flagship Bill to tackle modern slavery, the first of its kind in Europe, was published today by the Home Secretary Theresa May.’
Home Office, 16th December 2013
Source: www.gov.uk/home-office
