Stalking laws ‘not being implemented’ – BBC News
‘The MP who chaired an inquiry that led to stalking being made a specific criminal offence has warned the new laws are not being implemented.’
BBC News, 21st November 2013
Source: www.bbc.co.uk
CQC report says hospital care has not improved since Mid Staffs scandal – The Guardian
‘Hospitals have made no improvement in patient safety or treating the ill with dignity and respect despite the concerns triggered by the Mid Staffordshire scandal, according to the independent healthcare regulator. The Care Quality Commission (CQC) also found no improvement in hospitals monitoring and assessment of the quality of care they are providing.’
The Guardian, 21st November 2013
Source: www.guardian.co.uk
‘Reform court process for children and sex attack victims’, says former senior judge – Daily Telegraph
‘Radical reforms to the way children and adult sex abuse victims give evidence in court have been floated by the former Lord Chief Justice.
Lord Judge, who stepped down as England and Wales’ most senior judge at the end of September, said there could be a “powerful case” to end the way in which rape and other sex crimes victims currently give evidence.’
Daily Telegraph, 21st November 2013
Source: www.telegraph.co.uk
London slaves: the day they escaped suburban ‘jail’ after 30 years – Daily Telgraph
‘It was, in the words of one charity boss, “just an ordinary house in an ordinary street”. Yet behind its doors, unbeknown to neighbours going about their daily lives, the elderly home owners were allegedly keeping three women as slaves in conditions that belonged to the pre-Victorian age.’
Daily Telegraph, 21st November 2013
Source: www.telegraph.co.uk
Paddling pool victim seeks millions – Daily Telegraph
“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”
Daily Telegraph, 20th November 2013
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Supreme Court
Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)
Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)
Court of Appeal (Criminal Division)
Fields & Ors v R. [2013] EWCA Crim 2042 (14 November 2013)
Court of Appeal (Civil Division)
Lanfear v Chandler [2013] EWCA Civ 1497 (20 November 2013)
Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)
Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc & Ors [2013] EWCA Civ 1484 (20 November 2013)
High Court (Queen’s Bench Division)
GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)
High Court (Chancery Division)
High Court (Administrative Court)
Obi v The Solicitors Regulation Authority [2013] EWHC 3578 (Admin) (20 November 2013)
Arshad v Court of Magistrates Malta [2013] EWHC 3619 (Admin) (20 November 2013)
High Court (Family Division)
G v B (Rev 1) [2013] EWHC 3414 (Fam) (07 November 2013)
High Court (Technology and Construction Court)
Westshield Ltd v Whitehoue & Anor [2013] 3576 EWHC (TCC) (18 November 2013)
High Court (Commercial Court)
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2013] EWHC 3618 (Comm) (20 November 2013)
Transition Feeds LLP v Itochu Europe Plc [2013] EWHC 3629 (Comm) (15 November 2013)
Source: www.bailii.org
Ethics in International Arbitration: The Big Debate – Halsbury’s Law Exchange
“International arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.”
Halsbury’s Law Exchange, 21st November 2013
Source: www.halsburyslawexchange.co.uk
Maletic and another v lastminute.com and another – WLR Daily
Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444
“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily
“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Asbestos NHS treatment cost recovery bill is voted into law – BBC News
“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group
“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”
UK Constitutional Law Group, 21st November 2013
Source: www.ukconstitutionallaw.org
Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court
Supreme Court, 20th November 2013
Private eyes convicted over ‘blagging’ personal data – BBC News
“Two private investigators who tricked GP surgeries and utility firms into revealing people’s private details have been convicted of breaking data laws.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group
“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”
UK Constitutional Law Group, 20th November 2013
Source: www.ukconstitutionallaw.org
Lie tests to be given to sex offenders – Daily Telegraph
“Sex offenders will be offered lie detector tests to help police assess the risk they pose to the public when released.”
Daily Telegraph, 20th November 2013
Source: www.telegraph.co.uk
Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com
“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”
OUT-LAW.com, 20th November 2013
Source: www.out-law.com
Marine “A” and the sentencing of battlefield executions – Halsbury’s Law Exchange
“In early November 2013, Marine A (as he is known) was convicted by a court martial of murdering a badly wounded Taliban insurgent by shooting him in the chest.”
Halsbury’s Law Exchange, 20th November 2013
Source: www.halsburyslawexchange.co.uk
Jamie Kightley death trial: Parents found guilty – BBC News
“A couple have been found guilty of causing or allowing the death of their seven-week-old son.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
