Federal Republic of Germany v Puid – WLR Daily

Posted November 15th, 2013 in asylum, EC law, immigration, law reports by sally

Federal Republic of Germany v Puid: Case C-4/11;   [2013] WLR (D)  435

“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 15th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Lemas & Anor v Williams [2013] EWCA Civ 1433 (14 November 2013)

Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWCA Civ 1466 (14 November 2013)

TFL Management Services Ltd v Lloyds Bank Plc [2013] EWCA Civ 1415 (14 November 2013)

Court of Appeal (Criminal Division)

Hollier & Anor, R. v [2013] EWCA Crim 2041 (14 November 2013)

High Court (Administrative Court)

Makanjuola v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3528 (Admin) (14 November 2013)

Hayden, R (on the application of) v Kelly [2013] EWHC 3527 (Admin) (14 November 2013)

Hussein v The General Medical Council [2013] EWHC 3535 (Admin) (14 November 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Savelyev & Anor [2013] EWHC 3529 (Ch) (14 November 2013)

High Court (Family Division)

K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)

Source: www.bailii.org

Complex fraud trial threatened as barristers decline work at reduced rate – The Guardian

Posted November 15th, 2013 in barristers, defence, fraud, legal aid, news, trials by sally

“A complex fraud trial is threatened with collapse because barristers are refusing to take on defence work due to government cuts in legal aid. The case, involving eight defendants accused of what is known as a land bank fraud, is the first criminal proceeding affected by concerted action by advocates declining to accept work for significantly lower fees.”

Full story

The Guardian, 14th November 2013

Source: www.guardian.co.uk

Scandal cancer trust placed in special measures – Daily Telegraph

Posted November 15th, 2013 in cancer, health, hospitals, inquests, news by sally

“An inquest heard how a policewoman died at Colchester Hospital University NHS Foundation Trust, just hours after childbirth, after staff failed to replace lost blood, which triggered a cardiac arrest. The case of Diane Patt, 34, follows an inquest earlier this year into the death of a baby, whose skull was crushed by excessive use of forceps. Yesterday regulators placed the trust in special measures, after inspectors found that staff were put under pressure to falsify data, leaving some patients waiting months for urgent cancer treatment.”

Full story

Daily Telegraph, 14th December 2013

Source: www.telegraph.co.uk

Concern over mental health detentions by police in Wales – BBC News

Posted November 15th, 2013 in detention, mental health, news, police, Wales by sally

“Calls have been made for a reduction in the number of people taken into police custody with mental health problems.”

Full story

BBC News, 15th November 2013

Source: www.bbc.co.uk

Man detained under Mental Health Act by Surrey police dies in hospital – The Guardian

Posted November 14th, 2013 in closed circuit television, complaints, death in custody, mental health, news by sally

“IPCC investigates Surrey force after man, 33, arrested in Stanwell on suspicion of drugs-related offence, dies.”

Full story

The Guardian, 14th November 2013

Source: www.guardian.co.uk

Teacher Zahid Akram jailed for child photo blackmail – BBC News

Posted November 14th, 2013 in blackmail, news, pornography, sentencing, teachers by sally

“A science teacher who blackmailed girls into sending him sexually explicit photos of themselves has been jailed for six years.”

Full story

BBC news, 14th November 2013

Source: www.bbc.co.uk

Minister faces legal challenge over Prince Philip Hospital shake-up – BBC News

Posted November 14th, 2013 in hospitals, judicial review, ministers' powers and duties, news, Wales by sally

“Health Minister Mark Drakeford faces a legal challenge over his decision to give the go-ahead to change the way urgent care is delivered at Llanelli’s Prince Philip Hospital.”

Full story

BBC News, 14th November 2013

Source: www.bc.co.uk

Lesbian couple ‘refused IVF’ take legal action – Daily Telegraph

Posted November 14th, 2013 in assisted reproduction, hospitals, news, sexual orientation discrimination by sally

“A lesbian couple who claim they were turned down for fertility treatment because of their sexuality are taking legal action against the NHS.”

Full story

Daily Telegraph, 14th November 2013

Source: www.telegraph.co.uk

Command Papers – official-documents.gov.uk

Posted November 14th, 2013 in parliamentary papers by sally

Scotland analysis: science and research, Cm 8728 (PDF)

Source: www.official-documents.gov.uk

Bar operator ordered to pay £72k in costs after losing appeal on restrictions – Local Government Lawyer

Posted November 14th, 2013 in appeals, costs, licensed premises, local government, news by sally

“A bar operator has been ordered to pay a local authority £72,000 in legal costs after it lost an appeal over restrictions imposed on its opening hours.”

Full story

Local Government Lawyer, 14th November 2013

Source: www.localgovernmentlawyer.co.uk

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by sally

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

Full story

Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

Consultation on out of court disposals – Attorney General’s Office

Posted November 14th, 2013 in cautions, consultations, penalties, press releases by sally

“This consultation paper outlines the existing out of court disposals (OOCDs) landscape and provides an opportunity for the public and practitioners to share their thoughts and experiences of OOCDs and their use, and consider how they might be reformed.”

Full press release

Attorney General’s Office, 14th November 2013

Source: www.gov.uk/ago

Justice Committee calls for “more meaningful” penalties for companies convicted of financial crime – OUT-LAW.com

Posted November 14th, 2013 in bribery, company law, financial regulation, fines, fraud, money laundering, news, penalties, select committees, sentencing by sally

“Fines handed to companies convicted of fraud or other financial crimes should be calculated as a percentage of turnover, rather than with reference to the amount of financial harm caused, a committee of MPs has said.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Cost protection plans for defamation and privacy cases would lead to mountain of satellite litigation, warns expert – OUT-LAW.com

Posted November 14th, 2013 in costs, defamation, news, privacy by sally

“The Government’s proposed new costs protections framework for those making defamation and privacy claims would lead to a ‘mountain of satellite litigation’, an expert has warned.”

Full story

OUT-LAW.com, 13th November 2013

Source: www.out-law.com

Get your excuses for your excuses in early – NearlyLegal

Posted November 14th, 2013 in appeals, delay, homelessness, local government, news, solicitors, time limits by sally

“Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013. A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision and the s.202 upheld the decision.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Sleepwalking into error – NearlyLegal

Posted November 14th, 2013 in appeals, default judgments, housing, news by sally

“I’ve posted before about the vexed issue of s.81, Housing Act 1996 and default judgments. Well, we now have another (minor) comment on the issue from Lord Justice Kitchin in Faizi v Greenside Properties Ltd [2013] EWCA Civ 1382.”

Full story

NearlyLegal, 13th November 2013

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted November 14th, 2013 in legislation by sally

The Tax Treatment of Financing Costs and Income (Excluded Schemes) Regulations 2013

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2013

The Health Service Medicines (Control of Prices and Supply of Information) (Amendment) Regulations 2013

The Growth and Infrastructure Act 2013 (Local Development Orders) (Consequential Provisions) (England) Order 2013

The Foreign Marriage (Amendment) Order 2013

The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2013

The Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2013

The Air Navigation (Overseas Territories) Order 2013

The Pensions Act 2004 (Code of Practice) (Governance and Administration of Occupational Defined Contribution Trust-Based Pension Schemes) Appointed Day Order 2013

The Local Authority (Referendums Relating to Council Tax Increases) (Date of Referendum) (England) Order 2013

The Health and Social Care Act 2012 (Commencement No. 6) Order 2013

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

W H Newson Holding Ltd and others v IMI plc and others – WLR Daily

Posted November 14th, 2013 in appeals, competition, conspiracy, jurisdiction, law reports, striking out, tribunals by sally

W H Newson Holding Ltd and others v IMI plc and others [2013] EWCA Civ 1377:   [2013] WLR (D)  432

“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