Current Awareness

“On its true interpretation, section 47A of the Competition Act 1998, which permitted a claimant to bring a follow-on claim to recover damages based on a finding of an infringement of competition law by the Commission of the European Union, permitted a claimant to bring a conspiracy claim provided that all the ingredients of the cause of action could be established by infringement findings in the Commission’s decision.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by sally

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346: [2013] WLR (D) 431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Snelling and another v Burstow Parish Council – WLR Daily

Posted November 14th, 2013 in appeals, law reports, local government, sale of land by sally

Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433

“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”

WLR Daily, 12th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 14th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B (A Child) [2013] EWCA Civ 1434 (13 November 2013)

Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410 (13 November 2013)

CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435 (13 November 2013)

Court of Appeal (Criminal Division)

Stocker, R v [2013] EWCA Crim 1993 (13 November 2013)

High Court (Administrative Court)

Eastwood, R (on the application of) v The Royal Borough of Windsor & Maidenhead [2013] EWHC 3476 (Admin) (13 November 2013)

High Court (Family Division)

Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)

Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)

High Court (Technology and Construction Court)

GSMA Ltd v Europa Technologies Ltd [2013] EWHC 3451 (TCC) (12 November 2013)

Source: www.bailii.org

Protester cleared of threatening behaviour for calling Hove MP ‘a coward’ – The Independent

Posted November 14th, 2013 in demonstrations, freedom of expression, news, threatening behaviour, universities by sally

“A Judge has ruled that a protester who called Conservative MP Mike Weatherley ‘a coward’ was not guilty of breaking the law.”

Full story

The Independent, 13th November 2013

Source: www.independent.co.uk

‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph

Posted November 14th, 2013 in age discrimination, employment, employment tribunals, media, news by sally

“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

The real question about the terror suspect who fled in a burqa: did MI5 bring him here illegally? – The Guardian

Posted November 14th, 2013 in fugitive offenders, intelligence services, news, rendition, torture by sally

“Mohammed Ahmed Mohamed’s escape was an embarrassment. The alleged torture and rendition that came before it might just be a major scandal.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk

Family of devout Muslim in minimally conscious state lose right-to-life case – The Guardian

Posted November 14th, 2013 in hospital orders, human rights, Islam, news by sally

“The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk

Mother’s long fight for brain damaged son’s care – BBC News

Posted November 14th, 2013 in birth, compensation, hospitals, news, personal injuries by sally

“A mother who has been fighting for justice for nearly three decades after her son was born disabled following errors by hospital staff, says she is still haunted by the whole episode.”

Full story

BBC News, 14th November 2013

Source: www.bbc.co.uk

McCririck loses discrimination case – BBC News

Posted November 13th, 2013 in age discrimination, media, tribunals by sally

“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”

Full story

BBC News, 13th November 2013

Source: www.bbc.co.uk

Terror suspect loses British citizenship appeal – The Guardian

Posted November 13th, 2013 in appeals, citizenship, news, terrorism by sally

“An Afghan national suspected of travelling abroad for terrorist training has failed in an attempt to retain British citizenship.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk

SAS selection deaths: Order to MoD over army exercises – BBC News

Posted November 13th, 2013 in armed forces, health & safety, news by sally

“The HSE has ordered the MoD to take action to deal with risks on exercises after the deaths of three Army reservists on SAS selection tests in the Brecon Beacons.”

Full story

BBC News, 13th November 2013

Source: www.bbc.co.uk

Watchdog bans rogue Land Registry and DVLA adverts – Daily Telegraph

Posted November 13th, 2013 in advertising, driving licences, internet, land registration, news by sally

“Two more adverts have been banned as the ASA continues its battle with websites that give the impression of being ‘official.’ ”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

Pensioner jailed after conning blind widow out of £2.2m estate – Daily Telegraph

Posted November 13th, 2013 in forgery, fraud, money laundering, news, obtaining property by deception, sentencing by sally

“A pensioner who went on the run after conning a blind widow out of her £2.2m estate has been jailed for 10 years.”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

MI6 spy found dead in bag probably locked himself inside, Met says – The Guardian

Posted November 13th, 2013 in accidents, inquests, intelligence services, news by sally

“The MI6 spy found dead in a bag three years ago probably locked himself in the holdall and died as a result of a tragic accident, Scotland Yard has said.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk

Diversity League Table: minorities still under-represented at the top of the profession – The Lawyer

Posted November 13th, 2013 in diversity, minorities, news, solicitors by sally

“The latest Diversity League Table from the Black Solicitors Network suggests that despite improved access to the profession minority groups remain under-represented at the top.”

Full story

The Lawyer, 12th November 2013

Source: www.thelawyer.com

Hamzah Khan: social services missed warning signs, report finds – The Guardian

Posted November 13th, 2013 in causing death of children or vulnerable adults, child neglect, homicide, news, social services by sally

“A serious case review (SCR) into the starvation of four-year-old Hamzah Khan has concluded that while his death was ‘not predictable’, Bradford social services missed signs that, had they been put together, could have warned that Hamzah and his seven siblings were at risk.”

Full story

The Guardian, 13th November 2013

Source: www.guardian.co.uk

Government response to the Justice Committee’s Fifth Report of Session 2013–14 – Older Prisoners – Ministry of Justice

Posted November 13th, 2013 in elderly, press releases, prisons by sally

“Today the Government has published its response to the Justice Select Committee’s Fifth Report of Session 2013–14, entitled Older Prisoners.”

Full text

Ministry of Justice, 12th November 2013

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

London borough loses judicial review over A&E department closure – Local Government Lawyer

Posted November 13th, 2013 in hospitals, judicial review, local government, news by sally

“A High Court judge has rejected a council’s legal challenge over plans to close an accident and emergency department at a local hospital. The London Borough of Enfield had sought to challenge the decision by the Barnet, Enfield and Haringey clinical commissioning groups (the ‘CCGs’) and the Barnet and Chase Farm Hospitals NHS Trust to close the A&E department at Chase Farm Hospital with effect from 9 December this year.”

Full story

Local Government Lawyer, 13th November 2013

Source: www.localgovernmentlawyer.co.uk