Smith-Evans v Smailes – WLR Daily

Posted November 8th, 2013 in bankruptcy, individual voluntary arrangements, insolvency, law reports by sally

Smith-Evans v Smailes: [2013] EWHC 3199 (Ch);   [2013] WLR (D)  423

“Where the chairman of a creditors’ meeting summoned under section 257 of the Insolvency Act 1986 had reported the meeting’s approval of a proposed voluntary arrangement to the court, the only route of challenge was under section 262 of the 1986 Act. That was so even if the meeting itself had not approved the arrangement, because the chairman had exceeded the terms of proxies that he held so there had in fact not been a 75% majority in favour of approval.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action Group and another intervening) – WLR Daily

Regina (JS and others) v Secretary of State for Work and Pensions (Child Poverty Action : [2013] EWHC 3350 (QB);   [2013] WLR (D)  425

“The ‘benefit cap’ set in the Benefit Cap (Housing Benefit) Regulations 2012, amending the Housing Benefit Regulations 2006, did not unjustifiably discriminate against women and large families contrary to article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

 

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV – WLR Daily

Posted November 8th, 2013 in EC law, insurance, law reports, legal representation by sally

Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij NV: Case C-442/12;   [2013] WLR (D)  426

“Article 4(1) of Council Directive 87/344 on legal expenses insurance precluded a legal expenses insurer, which stipulated in its insurance contracts that legal assistance would in principle be provided in-house, from also providing that the costs of legal assistance provided by a legal representative chosen by the insured would be covered only if the insurer took the view that the handling of the case had to be subcontracted to an external lawyer.”

WLR Daily, 7th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 8th, 2013 in law reports by sally

High Court (Administrative Court)

Lawson Builders Ltd & Ors v Secretary of State for Communities & Local Government & Anor [2013] EWHC 3368 (Admin) (07 November 2013)

AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin) (07 November 2013)

Gibson, R (on the application of) v Harrow District Council [2013] EWHC 3449 (Admin) (07 November 2013)

High Court (Chancery Division)

Gulati & Ors v MGN Ltd [2013] EWHC 3392 (Ch) (06 November 2013)

High Court (Commercial Court)

Guidance Investments Ltd v Guidance Hotel Investment Company BSC [2013] EWHC 3413 (Comm) (07 November 2013)

High Court (Queen’s Bench Division)

King’s Lynn and West Norfolk Council v Bunning [2013] EWHC 3390 (QB) (07 November 2013)

Source: www.bailii.org

Finance and Divorce November 2013 Update – Family Law Week

Posted November 8th, 2013 in civil partnerships, divorce, financial provision, news, stay of proceedings by sally

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in October.”

Full story

Family Law Week, 7th November 2013

Source: www.familylawweek.co.uk

Devon paedophile police officer Danny Bryant jailed – BBC News

Posted November 8th, 2013 in evidence, news, police, sentencing, sexual offences by sally

“A paedophile policeman who abused boys for more than a decade has been jailed for six-and-a-half years.”

Full story

BBC News, 7th November 2013

Source: www.bbc.co.uk

Anger as Catholic orphanage abuse inquiry ends – BBC News

Posted November 8th, 2013 in care homes, child abuse, inquiries, news, police by sally

“Former residents of a Catholic orphanage who claim they suffered physical and sexual abuse have expressed anger at a police decision to end an inquiry into the allegations.”

Full story

BBC News, 7th November 2013

Source: www.bbc.co.uk

RSPCA accused of ‘naked political campaigning’ after Ledbury Hunt case collapses – Daily Telegraph

Posted November 8th, 2013 in animal cruelty, charities, hunting, news, private prosecutions, prosecutions by sally

“The RSPCA has been accused of ‘naked political campaigning’ after its latest case involving a hunt collapsed. The charity accused Will Goffe, 33, of hunting a fox with a hound while out with the Ledbury Hunt, near Malvern in Worcestershire. However, the case was dropped due to insufficient evidence. It is the fourth failed RSPCA hunt prosecution this year.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Home Office fails to investigate vast majority of tip-offs about illegal immigrants – Daily Telegraph

Posted November 8th, 2013 in illegality, immigration, news, reports, select committees by sally

“The Home Office investigates just six per cent of tip-offs from the public about suspected illegal immigrants, a new report has disclosed.
Nearly 49,000 reports were received over nine months about foreigners alleged to be living or working illegally in Britain, but officials looked into only 2,695 of them.”

Full story

Daily Telegraph, 8th November 2013

Source: www.telegraph.co.uk

Publishers lodge appeal over ruling against judicial review of royal charter – The Guardian

Posted November 7th, 2013 in appeals, charters, injunctions, judicial review, media, news by sally

“Industry takes case to court of appeal after high court rejected its application for an emergency injunction over new press regulator.”

Full story

The Guardian, 6th November 2013

Source: www.guardian.co.uk

M25 rapist Antoni Imiela denied appeal against conviction – BBC News

Posted November 7th, 2013 in appeals, news, rape, recidivists by sally

“Serial rapist Antoni Imiela has been denied leave to appeal against his 2012 conviction for a rape attack on Christmas Day 1987.”

Full story

BBC News, 7th November 2013

Source: www.bbc.co.uk

Jimmy Savile police officers referred to IPCC – BBC News

Posted November 7th, 2013 in complaints, news, police, professional conduct by sally

“Two detectives who dealt with a sex crime allegation against Jimmy Savile in
2008 have been referred to the police watchdog.”

Full story

BBC News, 7th November 2013

Source: www.bbc.co.uk

 

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by sally

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

UK firms cleared of gas price manipulation – BBC News

Posted November 7th, 2013 in competition, energy, financial regulation, news, price fixing, select committees by sally

“Regulators have found no evidence of price manipulation in the UK wholesale gas market after an investigation.”

Full story

BBC News, 7th November 2013

Source: www.bbc.co.uk

Terror suspect who fled in burqa seeks damages from UK in torture case – The Guardian

Posted November 7th, 2013 in damages, fugitive offenders, news, terrorism, torture by sally

“Mohammed Ahmed Mohamed, the terror suspect who escaped surveillance wearing a burqa, is seeking damages from the government in a human rights legal challenge involving allegations of torture, it has been revealed at the high court.”

Full story

The Guardian, 7th November 2013

Source: www.guardian.co.uk

More Tweet Trouble for Rooney and Nike? – Sports Law Bulletin from Blackstone Chambers

Posted November 7th, 2013 in advertising, codes of practice, complaints, internet, news, sport by sally

“A tweet by ‘Wayne Rooney’ landed Nike in front of the Advertising Standards Agency (ASA) again last month, following a complaint by a user of Twitter that the tweet was not obviously identifiable as a marketing communication and was therefore in breach of the Committees of Advertising Practice (CAP) Code 2.1, 2.3 and 2.4. The ASA’s decision on this tweet is interesting in light of its previous decision in a similar case involving Nike and Mr Rooney, and is worthy of note for any lawyers involved in advising sports teams and players on devising social media policies and/or regulating their social media use on a personal level.”

Full story

Sports Law Bulletin from Blackstone Chambers,6th November 2013

Source: www.sportslawbulletin.org

Judge refuses to recuse himself in case where expert witness was his Oxford supervisor – Litigation Futures

Posted November 7th, 2013 in bias, expert witnesses, judges, news, patents, recusal by sally

“A High Court judge has refused to recuse himself from a case involving an expert witness who was once his academic supervisor at Oxford University.”

Full story

Litigation Futures, 6th November 2013

Source: www.litigationfutures.com

The disunited kingdom: England, Ireland and Scotland – CrimeLine

Posted November 7th, 2013 in constitutional history, devolution, Ireland, news, Scotland, speeches by sally

“A Lecture to the Denning Society, at Lincoln’s Inn by Lord Sumption on 5 November 2013.”

Full lecture

CrimeLine, 6th November 2013

Source: www.crimeline.info

Tax avoiders don’t have human rights – Philippa Whipple QC – UK Human Rights Blog

Posted November 7th, 2013 in appeals, disclosure, HM Revenue & Customs, human rights, news, tax avoidance by sally

“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”

Full story

UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Sexual liaisons by undercover police officers could be authorised by RIPA – UK Human Rights Blog

Posted November 7th, 2013 in appeals, investigatory powers, news, police, stay of proceedings by sally

“AJA and others v Commissioner of Police for the Metropolis [2013] EWCA Civ 1342. The words ‘personal or other relationship’ in the section 26(8)(a) Regulation of Investigatory Powers Act 2000 included intimate sexual relationships so that the Investigatory Powers Tribunal had jurisdiction to hear the appellants’ claims that their human rights had been violated by undercover police officers who had allegedly had sexual relationships with them.”

Full story

UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com