UK copyright reforms to take effect in April 2014 – OUT-LAW.com
‘Changes to UK copyright law will come into force on 6 April 2014, the Government has announced.’
OUT-LAW.com, 19th December 2013
Source: www.out-law.com
Vote of no confidence in Society leadership passes – Legal Voice
‘A vote of no confidence in the Law Society’s leadership over its handling of the criminal legal aid reforms has today been passed by 52% at a Special General Meeting (SGM) of the Society.’
Legal Voice, 17th December 2013
Source: www.legalvoice.org.uk
Sentencing sexual offenders – a lost opportunity? – Halsbury’s Law Exchange
‘The Sentencing Council has issued a new Guideline in relation to sexual offences this month. The aim: “to help ensure appropriate and consistent sentences for sex offenders”, says the accompanying press release.’
Halsbury’s Law Exchange, 18th December 2013
Source: www.halsburyslawexchange.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Taxation of Regulatory Capital Securities Regulations 2013
The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2013
The Civil Legal Aid (Merits Criteria) (Amendment) (No. 3) Regulations 2013
The Financial Services and Markets Act 2000 (Designated Consumer Bodies) Order 2013
The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013
The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013
The Air Navigation (Amendment) Order 2013
The Territorial Sea (Limits) (Amendment) Order 2013
The Fishery Limits (Revocation) Order 2013
The Continental Shelf (Designation of Areas) Order 2013
The Exclusive Economic Zone Order 2013
The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013
The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2013
The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013
The Merchant Shipping (Prevention of Pollution) (Limits) (Revocation) Regulations 2013
The Infrastructure Planning (Business or Commercial Projects) Regulations 2013
The HGV Road User Levy (HMRC Information Gateway) Regulations 2013
Source: www.legislation.gov.uk
AA (Somalia) v Entry Clearance Officer – WLR Daily
AA (Somalia) v Entry Clearance Officer [2013] UKSC 81; [2013] WLR (D) 499
‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’
WLR Daily, 18th December 2013
Source: www.iclr.co.uk
In re London Scottish Finance Ltd; Jack and another v Craig and others – WLR Daily
‘For the purposes of section 106(d) of the Consumer Act 1974 the words “realisation of the security” should be interpreted conventionally so as to achieve the policy objective stated in section 113(1) that the security provided in relation to a regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In the case of a secured loan to which section 106(d) applied, its provisions did not catch all sums paid by the debtor in discharge of the loan.’
WLR Daily, 17th December 2013
Source: www.iclr.co.uk
Regina v Williams (Dean Arthur) – WLR Daily
Regina v Williams (Dean Arthur): [2013] WLR (D) 497
‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
7722656 Canada Inc & Anor v The Financial Conduct Authority [2013] EWCA Civ 1662 (19 December 2013)
Khan v Royal Mail Group Ltd & Ors [2013] EWCA Civ 1659 (19 December 2013)
John Mander Pension Scheme Trustees Ltd v Revenue & Customs [2013] EWCA Civ 1683 (19 December 2013)
Flanagan & Anor v Greenbanks Ltd (t/a Lazenby Insulation) [2013] EWCA Civ 1702 (19 December 2013)
Lindsay v London School of Economics and Political Science [2013] EWCA Civ 1650 (18 December 2013)
J (Child) [2013] EWCA Civ 1685 (18 December 2013)
Bristol Alliance Nominee No 1 & Ors v Bennett & Ors [2013] EWCA Civ 1626 (18 December 2013)
Court of Appeal (Criminal Division)
Kwaik, R. v [2013] EWCA Crim 2397 (19 December 2013)
Smith, R. v [2013] EWCA Crim 2388 (18 December 2013)
High Court (Administrative Court)
High Court (Chancery Division)
Patley Wood Farm Llp v Brake & Anor [2013] EWHC 4035 (Ch) (18 December 2013)
Seakom Ltd & Anor v Knowledgepool Group Ltd [2013] EWHC 4007 (Ch) (18 December 2013)
Storm Funding Ltd, Re [2013] EWHC 4019 (Ch) (18 December 2013)
High Court (Commercial Court)
Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm) (18 December 2013)
High Court (Queen’s Bench Division)
Hall v The Ministry of Defence [2013] EWHC 4092 (QB) (19 December 2013)
Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)
Pike & Anor v The Indian Hotels Company Ltd [2013] EWHC 4096 (QB) (19 December 2013)
Kneafsey & Ors v Independent Television News Ltd & Ors [2013] EWHC 4046 (QB) (19 December 2013)
Brown v Hamid, Re Estate of Ronald Brown Deceased [2013] EWHC 4067 (QB) (19 December 2013)
Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)
Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB) (18 December 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette
‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’
Law Society’s Gazette, 18th December 2013
Source: www.lawgazette.co.uk
Children: Private Law Update (December 2013) – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.’
Family Law Week, 18th December 2013
Source: www.familylawweek.co.uk
Banking reforms become law after getting Royal Assent – BBC News
‘Reforms to the UK banking sector aimed at making it more resilient after the 2008 financial crisis have become law. The Financial Services Bill was given Royal Assent on Wednesday after being approved by Parliament earlier.’
BBC News, 19th December 2013
Source: www.bbc.co.uk
Boston double murder: Mehmet Ozen jailed for life – BBC News
‘A landlord convicted of two murders after a row over rent has been jailed for life.’
BBC News, 18th December 2013
Source: www.bbc.co.uk
UK inquiry on rendition and torture to be handed to ISC – The Guardian
‘The stalled official inquiry into the UK’s involvement in rendition and torture in the years after 9/11 is to be handed to the controversial intelligence and security committee (ISC), the government will announce on Thursday.’
The Guardian, 18th December 2013
Source: www.guardian.co.uk
Cannabis user who murdered his grandmother jailed for 24 years – The Guardian
‘A man who murdered his 84-year-old grandmother by stabbing her 50 times in her bed and then attempted to kill a nine-year-old boy has been told he must serve minimum of 24 years in prison.’
The Guardian, 18th December 2013
Source: www.guardian.co.uk
Kadan Beaumont murder: Father jailed for life – BBC News
‘A father who claimed the family dog caused fatal injuries to his 11-month-old son has been jailed for life for his murder.’
BBC News, 18th December 2013
Source: www.bbc.co.uk
The old debate: punish prisoners, or rehabilitate them? – Daily Telegraph
‘Debates over how to treat prisoners have gone on since imprisonment began: should the prison system leave inmates to fester in cold cells, with punishment and deterrence as the goal of incarceration? Or should it let them wander from classroom to games room, preaching rehabilitation into society as its main aim?’
Daily Telegraph, 18th December 2013
Source: www.telegraph.co.uk
FGM inquiry launched to uncover reasons for lack of prosecution in UK – The Guardian
‘A major inquiry has been launched into female genital mutilation (FGM) to uncover why there has not been a single prosecution in the UK since it was made a criminal offence, and to try to bring an end to the illegal practice.’
The Guardian, 18th December 2013
Source: www.guardian.co.uk
Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph
‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’
Daily Telegraph, 18th December 2013
Source: www.telegraph.co.uk
RSPCA hires former CPS lawyer to review its prosecutions policy – Daily Telegraph
‘The RSPCA has bowed to pressure from MPs and campaigners and hired a senior lawyer to carry out a £50,000 review into its controversial prosecutions policy.’
Daily Telegraph, 19th December 2013
Source: www.telegraph.co.uk
