Whole-life sentences verdict due – The Guardian
‘Leading judges are to give a crucial ruling on Tuesday on whether whole-life sentences are legal.’
The Guardian, 18th February 2014
Source: www.guardian.co.uk
Smoking ban in cars – right idea, wrong execution – Halsbury’s Law Exchange
‘MPs were given a free vote last week on whether they wanted to create a law making it illegal to smoke in a car whilst a child is present.’
Halsbury’s Law Exchange, 17th February 2014
Source: www.halsburyslawexchange.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)
Court of Appeal (Civil Division)
Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)
Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)
Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)
High Court (Queen’s Bench Division)
Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)
Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)
High Court (Chancery Division)
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)
Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)
High Court (Family Division)
AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)
High Court (Administrative Court)
Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)
Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)
High Court (Technology and Construction Court)
The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)
Source: www.bailii.org
Court of Protection Update – Family Law Week
‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’
Family Law Week, 16th February 2014
Source: www.familylawweek.co.uk
Regina (Walford) v Worcestershire County Council and another – WLR Daily
‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily
‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Mohamud v W M Morrison Supermarkets plc – WLR Daily
Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68
‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily
‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
European Commission v United Kingdom (Kingdom of Denmark and another intervening) – WLR Daily
‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Svensson and others v Retriever Sverige AB – WLR Daily
Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67
‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer
‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’
Local Government Lawyer, 14th February 2014
Source: www.localgovernmentlawyer.co.uk
Knowledge of specific conditions not needed to show that landowner “knowingly permitted” illegal waste activities – OUT-LAW.com
‘A landowner can be said to have “knowingly permitted” waste activities as soon as it becomes aware that controlled waste has been deposited on its land, the Court of Appeal has held. ‘
OUT-LAW.com, 14th February 2014
Source: www.out-law.com
Customers lose right to sue after taking ombudsman compensation – Daily Telefgraph
‘Financial services customers who have accepted compensation from the ombudsman can no longer sue for further redress in court following a landmark Court of Appeal ruling.’
Daily Telegraph, 14th February 2014
Source: www.telegraph.co.uk
Linking to free web content is legal, says EU Court – BBC News
‘Websites can link to freely available content without the permission of the copyright holder, the European Court of Justice says.’
BBC News, 14th February 2014
Source: www.bbc.co.uk
High Court untangles claim and counterclaim over law firm sale – Legal Futures
‘The High Court has had to unpick the fall-out of the sale of a law firm, with the seller claiming unpaid purchase money and the buyer arguing that the failure to disclose potential legal action against the firm led to sharp increases in the cost of its indemnity insurance.’
Legal Futures, 17th February 2014
Source: www.legalfutures.co.uk
Judicial review changes: inevitably the same result if no unlawfulness? – UK Human Rights Blog
‘One of the proposals in the Criminal Justice and Courts Bill is that a challenge to an unlawful decision should fail if it is highly likely that the outcome for the applicant would not have been substantially different, had the public authority not acted unlawfully. This compares with the current test which is that the decision should be quashed unless it is inevitable that the decision would be the same.’
UK Human Rights Blog, 16th February 2014
Source: www.ukhumanrightsblog.com
BNP activist Adam Walker loses Michael Gove teaching ban challenge – BBC News
‘A British National Party (BNP) activist who was given a lifetime teaching ban has lost his legal challenge against Education Secretary Michael Gove.’
BBC News, 14th February 2014
Source: www.bbc.co.uk
‘Logbook lenders’ are flouting the law, say debt advisers – The Guardian
‘Innocent car buyers can lose their vehicles under ‘bills of sale’ rules dating back to the Victorian era.’
The Guardian, 16th February 2014
Source: www.guardian.co.uk
Record number of foreign criminals cannot be deported – Daily Telegraph
‘In 2012/2013 602 appeals were allowed by the immigration courts, including 324 criminals allowed to stay in Britain because of their right to a family life.’
Daily Telegraph, 15th February 2014
Source: www.telegraph.co.uk
