Bar operator ordered to pay £72k in costs after losing appeal on restrictions – Local Government Lawyer
“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.”
Local Government Lawyer, 14th November 2013
Source: www.localgovernmentlawyer.co.uk
Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures
“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.”
Litigation Futures, 14th November 2013
Source: www.litigationfutures.com
Consultation on out of court disposals – Attorney General’s Office
“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.”
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
“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.”
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
“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.”
OUT-LAW.com, 13th November 2013
Source: www.out-law.com
Get your excuses for your excuses in early – NearlyLegal
“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.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
Sleepwalking into error – NearlyLegal
“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.”
NearlyLegal, 13th November 2013
Source: www.nearlylegal.co.uk/blog/
Recent Statutory Instruments – legislation.gov.uk
The Tax Treatment of Financing Costs and Income (Excluded Schemes) Regulations 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 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
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
“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
Snelling and another v Burstow Parish Council – WLR Daily
Snelling and another v Burstow Parish Council [2013] EWCA Civ 1411: [2013] WLR (D) 433
“A parish council was entitled to use its power under either section 32 of the Small Holdings and Allotments Act 1908 or section 27 of the Commons Act 1876 to sell land containing garden allotments which had come under its management by virtue of section 33 of the 1908 Act. Where the land had been acquired but not purchased for use as allotments, section 8 of the Allotments Act 1925 did not apply and the consent of the Secretary of State was not required for the sale.”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
B (A Child) [2013] EWCA Civ 1434 (13 November 2013)
Crystal Palace FC Ltd & Anor v Kavanagh & Ors [2013] EWCA Civ 1410 (13 November 2013)
CSC Computer Sciences Ltd v McAlinden & Ors [2013] EWCA Civ 1435 (13 November 2013)
Court of Appeal (Criminal Division)
Stocker, R v [2013] EWCA Crim 1993 (13 November 2013)
High Court (Administrative Court)
High Court (Family Division)
Shield v Shield [2013] EWHC 3525 (Fam) (01 November 2013)
Brown v Davies [2013] EWHC 3523 (Fam) (30 October 2013)
High Court (Technology and Construction Court)
GSMA Ltd v Europa Technologies Ltd [2013] EWHC 3451 (TCC) (12 November 2013)
Source: www.bailii.org
Protester cleared of threatening behaviour for calling Hove MP ‘a coward’ – The Independent
“A Judge has ruled that a protester who called Conservative MP Mike Weatherley ‘a coward’ was not guilty of breaking the law.”
The Independent, 13th November 2013
Source: www.independent.co.uk
‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph
“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
The real question about the terror suspect who fled in a burqa: did MI5 bring him here illegally? – The Guardian
“Mohammed Ahmed Mohamed’s escape was an embarrassment. The alleged torture and rendition that came before it might just be a major scandal.”
The Guardian, 13th November 2013
Source: www.guardian.co.uk
Family of devout Muslim in minimally conscious state lose right-to-life case – The Guardian
“The family of an elderly devout Muslim who is in a minimally conscious state have lost their legal bid to prolong his life. They argued that the 72-year-old man, who can be identified only as VT, would regard his suffering as bringing him closer to God.”
The Guardian, 13th November 2013
Source: www.guardian.co.uk
Mother’s long fight for brain damaged son’s care – BBC News
“A mother who has been fighting for justice for nearly three decades after her son was born disabled following errors by hospital staff, says she is still haunted by the whole episode.”
BBC News, 14th November 2013
Source: www.bbc.co.uk
McCririck loses discrimination case – BBC News
“Racing pundit John McCririck lost his job at Channel 4 because his ‘pantomime persona’ was ‘unpalatable’ to a wide audience, an employment tribunal ruled.”
BBC News, 13th November 2013
Source: www.bbc.co.uk
Terror suspect loses British citizenship appeal – The Guardian
“An Afghan national suspected of travelling abroad for terrorist training has failed in an attempt to retain British citizenship.”
The Guardian, 13th November 2013
Source: www.guardian.co.uk
