This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures
‘Our monthly summary of key costs-related court decisions.’
Litigation Futures, 9th December 2013
Source: www.litigationfutures.com
Contempt of Court: Juror Misconduct and Internet Publications – Law Commission
‘In a report published today we make recommendations to reform elements of the law governing contempt of court.’
Law Commission, 9th December 2013
Source: www.justice.gov.uk/lawcommission
Statement of changes in immigration rules – Home Office
‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’
Home Office, 9th December 2013
Source: www.gov.uk/home-office
Dental plan provided VAT-exempt ‘payment services’ to patients, Tribunal finds – OUT-LAW.com
‘A dental payment plan provided to patients amounts to a “service for a consideration” for VAT purposes, but also falls within the payment services exemption under the VAT Directive, the First-Tier Tax Tribunal has ruled.’
OUT-LAW.com, 6th December 2013
Source: www.out-law.com
Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com
‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’
OUT-LAW.com, 10th December 2013
Source: www.out-law.com
Recent Statutory Instruments – legislation.gov.uk
The Income Tax (Indexation) Order 2013
The Academy Conversions (Transfer of School Surpluses) Regulations 2013
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013
The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2013
The Marine and Coastal Access Act 2009 (Commencement No. 6) Order 2013
The Plant Health (Fees) (England) (Amendment) Regulations 2013
The European Qualifications (Health Care Professions) (Croatia Accession Amendment) Regulations 2013
The Railways (Interoperability) (Amendment) Regulations 2013
The School and Early Years Finance (England) Regulations 2013
Source: www.legislation.gov.uk
Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) – WLR Daily
‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’
WLR Daily, 6th December 2013
Source: www.iclr.co.uk
Regina (IM (Nigeria)) v Secretary of State for the Home Department – WLR Daily
‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
In re Corey – WLR Daily
In re Corey [2013] UKSC 76; [2013] WLR (D) 479
‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’
WLR Daily, 4th December 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)
High Court (Chancery Division)
Bank St Petersburg & Anor v Arkhangelsky & Anor [2013] EWHC 3674 (Ch) (06 December 2013)
High Court (Commercial Court)
High Court (Technology and Construction Court)
J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC) (06 December 2013)
Source: www.bailii.org
Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph
‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’
Daily Telegraph, 9th December 2013
Source: www.telegraph.co.uk
Battered wife Sally Stickland ran over husband with car – BBC News
‘A woman who ran over her husband after suffering years of domestic violence has been given a suspended prison term.’
BBC News, 9th December 2013
Source: www.bbc.co.uk
Rochdale child sex exploitation: Inquiry to begin – BBC News
‘An inquiry into child sexual exploitation is to be held to assess improvements in protecting youngsters since the Rochdale grooming case.’
BBC News, 9th December 2013
Source: www.bbc.co.uk
Royal Marine seeks to overturn conviction for murder – Daily Telegraph
‘Lawyers for Royal Marine convicted of murder will launch an appeal against his conviction.’
Daily Telegraph, 11th December 2013
Source: www.telegraph.co.uk
Aristocrat faces jail for years of drunken attacks on his wife – Daily Telegraph
‘Aristocrat from one of Britain’s most distinguished families is facing jail after he admitted beating his wife during 22 years of marriage.’
Daily Telegraph, 9th December 2013
Source: www.telegraph.co.uk
World’s leading authors: state surveillance of personal data is theft – The Guardian
‘More than 500 of the world’s leading authors, including five Nobel prize winners, have condemned the scale of state surveillance revealed by the whistleblower Edward Snowden and warned that spy agencies are undermining democracy and must be curbed by a new international charter.’
The Guardian, 10th December 2013
Source: www.guardian.co.uk
Tens of thousands harmed in hospital by IV drip blunders – Daily Telegraph
‘Around 500 patients could be dying each year because of an “astonishing” lack of training in the use of intravenous drips, health experts have warned.’
Daily Telegraph, 10th December 2013
Source: www.telegraph.co.uk
How to tweet without ending up in prison – The Guardian
‘An ill-judged tweet can land you in a whole lot of legal bother, as Peaches Geldof and Sally Bercow know only too well. So the attorney general’s new guidelines are essential reading.’
The Guardian, 4th December 2013
Source: www.guardian.co.uk
