Bijan Ebrahimi murder: Lee James jailed for life – BBC News
‘A man has been jailed for life after admitting he murdered his disabled neighbour who had been wrongly branded a paedophile.’
BBC News, 28th November 2013
Source: www.bbc.co.uk
DWP says regulations implementing Gorry ruling in force next week – Local Government Lawyer
‘The Department of Work & Pensions has published a circular to local authorities confirming that new regulations implementing the Court of Appeal’s ruling in the Gorry case will come into force next week.’
Local Government Lawyer, 27th November 2013
Source: www.localgovernmentlawyer.co.uk
Council agrees to review practices on assessment of disabled children – Local Government Lawyer
‘A local authority has agreed to pay out £5,000 and review its practices so that its assessment of disabled children fulfils its statutory duties, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 27th November 2013
Source: www.localgovernmentlawyer.co.uk
Occasional visits to the UK did not stop an individual being non-resident, said judge – OUT-LAW.com
‘An individual who periodically visited the UK was not UK resident as he had substantially loosened his family ties in the UK, according to the First Tier Tax Tribunal.’
OUT-LAW.com, 27th November 2013
Source: www.out-law.com
Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com
‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’
OUT-LAW.com, 28th November 2013
Source: www.out-law.com
ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog
‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’
Employment Law Blog, 27th November 2013
Source: www.employment11kbw.com
Recent Statutory Instruments – legislation.gov.uk
The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013
The Veterinary Surgeons’ Qualifications (Recognition) (Switzerland and Croatia) Regulations 2013
The Crime and Courts Act 2013 (Commencement No. 6) Order 2013
The Age-Related Payments Regulations 2013
The Enterprise and Regulatory Reform Act 2013 (Commencement No. 4 and Saving Provision) Order 2013
Source: www.legislation.gov.uk
IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily
IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ; [2013] WLR (D) 456
‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
Preddy v Bull and another; Hall v Same – WLR Daily
Preddy v Bull and another; Hall v Same: [2013] UKSC 73; [2013] WLR (D) 454
‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’
WLR Daily, 27th November 2013
Source: www.iclr.co.uk
Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily
Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515; [2013] WLR (D) 453
‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’
WLR Daily, 25th November 2013
Source: www.iclr.co.uk
Oboh and others v Secretary of State for the Home Department – WLR Daily
‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’
WLR Daily, 25th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisons
Supreme Court
Zoumbas v Secretary of State for the Home Department [2013] UKSC 74 (27 November 2013)
Bull & Anor v Hall & Anor [2013] UKSC 73 (27 November 2013)
Court of Appeal (Civil Division)
Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514 (28 November 2013)
Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 (27 November 2013)
Isis Investments Ltd v Oscatello Investments Ltd & Ors [2013] EWCA Civ 1493 (27 November 2013)
Farrer (p/a Farrer Huxley Associates) & Anor v Wiles [2013] EWCA Civ 1511 (27 November 2013)
PK Congo v Secretary of State for the Home Department [2013] EWCA Civ 1500 (27 November 2013)
High Court (Administrative Court)
McKay v Secretary of State for Justice [2013] EWHC 3728 (Admin) (27 November 2013)
High Court (Commercial Court)
Galaxy Energy International Ltd v Murco Petroleum Ltd [2013] EWHC 3720 (Comm) (27 November 2013)
High Court (Patents Court)
Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)
High Court (Queen’s Bench Division)
John Ruskin College v Harley [2013] EWHC 3714 (QB) (26 November 2013)
Source: www.bailii.org
Litigation Trends Survey – The Jackson Effect – New Law Journal
‘In the first of NLJ / LSLA’s litigation trends surveys, James Baxter charts how firms and practitioners are navigating Jackson LJ’s revolutionary road-map of change.’
New Law Journal, 30th October 2013
Source: www.newlawjournal.co.uk
Commission calls for code to protect whistleblowers – Law Society’s Gazette
‘Workers who expose wrongdoing should be protected by a statutory whistleblowing code, according to a report by a retired senior judge.’
Law Society’s Gazette, 27th November 2013
Source: www.lawgazette.co.uk
The latest challenge to the badger cull extension – UK Human Rights Blog
‘A new challenge was filed yesterday to the badger cull extension presently under way in the South West of England.’
UK Human Rights Blog, 27th November 2013
Source: www.ukhumanrightsblog.com
Security guard spared jail over Jon Venables tweet – Daily Telegraph
‘A security guard who tweeted images purporting to be of Jon Venables as an adult has avoided jail after a court heard he was close to James Bulger’s family.’
Daily Telegraph, 27th November 2013
Source: www.telegraph.co.uk
Litvinenko, courts and secrecy – BBC News
‘The government has successfully won a court order blocking the release of secret information in relation to the death of the former KGB spy Alexander Litvinenko. Alexander Litvinenko fell ill after a meeting with former KGB contacts in London in 2006. It is the latest legal twist in what is becoming an ever-more complicated legal fight between his widow, the proposed coroner and ministers over what should or should not be made public about the nature of his death.’
BBC News, 27th November 2013
Source: www.bbc.co.uk
