Mittal v Mittal – WLR Daily

Mittal v Mittal: [2013] EWCA Civ ;   [2013] WLR (D)  391

“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mittal v Mittal [2013] EWCA Civ 1255 (18 October 2013)

Sarjantson v Humberside Police [2013] EWCA Civ 1252 (18 October 2013)

C (A Child) [2013] EWCA Civ 1257 (18 October 2013)

High Court (Administrative Court)

Gleeson Developments Ltd., R (on the application of) v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3166 (Admin) (21 October 2013)

SA v London Borough of Camden & Ors [2013] EWHC 3152 (Admin) (18 October 2013)

The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1) [2013] EWHC 3164 (Admin) (18 October 2013)

Muhammad & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3157 (Admin) (17 October 2013)

High Court (Chancery Division)

PI Consulting (Trustee Services) Ltd v The Pensions Regulator & Ors [2013] EWHC 3181 (Ch) (21 October 2013)

Bentine v Bentine [2013] EWHC 3098 (Ch) (17 October 2013)

High Court (Commercial Court)

Madoff Securities International Ltd v Raven & Ors [2013] EWHC 3147 (Comm) (18 October 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (17 October 2013)

High Court (Queen’s Bench Division)

Davison v Leitch [2013] EWHC 3092 (QB) (18 October 2013)

High Court (Technology and Construction Court)

Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC) (21 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3173 (TCC) (18 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3150 (TCC) (18 October 2013)

Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) (17 October 2013)

Source: www.bailii.org

 

Regulators reject plans for a legal education training council – Law Society’s Gazette

Posted October 22nd, 2013 in legal education, news, Solicitors Regulation Authority by sally

“Regulators have rejected plans for a legal education council as a ‘distracting talking shop’. The council was proposed in the report of the Legal Education and Training Review in June.”

Full story

Law Society’s Gazette, 21st October 2013

Source: www.lawgazette.co.uk

Alcohol Testing – What are the options? – Family Law Week

Posted October 22nd, 2013 in alcohol abuse, evidence, news by sally

“Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Dentist who submitted claims for dead patients struck off – Daily Telegraph

“A dentist jailed for conning the NHS out of more than £1.3 million to fund her ‘globe trotting’ lifestyle and taste for designer shoes has been struck off by the dental regulator.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Unison to challenge employment tribunal fees in High Court – Daily Telegraph

Posted October 22nd, 2013 in employment tribunals, fees, human rights, news, trade unions, tribunals by sally

“The union is bringing a legal challenge over the introduction of fees for employment tribunals to the High Court tomorrow.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Devout beekeepers win right to refuse switchover to online VAT returns – The Independent

Posted October 22nd, 2013 in documents, internet, news, religious discrimination, taxation, tribunals, VAT by sally

“Two devoutly religious beekeepers who reject modern technology have won the right not to fill in their VAT returns online after claiming it breached their human rights.”

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The Independent, 21st October 2013

Source: www.independent.co.uk

Triple killer escapes whole life tariff because of European ruling – Daily Telegraph

Posted October 22nd, 2013 in human rights, murder, news, sentencing by sally

“A triple killer, who slashed a pensioner’s throat when he tried to stop him robbing a neighbour, has avoided a whole life prison sentence after the judge said such a punishment was illegal under European law.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Government urges court to reject Libya rendition case – BBC News

Posted October 22nd, 2013 in intelligence services, ministers' powers and duties, news, rendition by sally

“The UK government is trying to prevent a former Libyan dissident and his wife seeking damages over its alleged role in their rendition to Tripoli in 2004.”

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BBC News, 21st October 2013

Source: www.bbc.co.uk

‘Owning a £2m apartment doesn’t mean I’m rich…’: Court dismisses banker’s claim that he cannot afford to pay ex-wife’s legal fees – The Independent

Posted October 22nd, 2013 in appeals, costs, divorce, news by sally

“The spending power of former City trader, Yan Assoun, 43, was described by a family judge three months ago as ‘beyond the wildest dreams’ of his estranged wife. But with his bitter divorce battle now in the Appeal Court, he insisted: ‘I don’t have any money’.”

Full story

The Independent, 22nd October 2013

Source: www.independent.co.uk

Ministry fined after Cardiff prisoner details emailed to families – BBC News

Posted October 22nd, 2013 in data protection, fines, government departments, news, prisons by sally

“The Ministry of Justice has been fined £140,000 after the details of more than 1,000 inmates at Cardiff prison were emailed to three prisoners’ families.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk

OFT to investigate competition between universities – Daily Telegraph

Posted October 22nd, 2013 in competition, consumer protection, news, universities by sally

“The Office of Fair Trading announced it would examine how universities in England compete for undergraduates and whether degree courses meet students’ expectations.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

PCs sacked over Taser misuse on man in Liverpool – BBC News

Posted October 22nd, 2013 in complaints, disciplinary procedures, firearms, news, police, professional conduct by sally

“Two police officers have been sacked after a man was wrongly arrested and shot five times with a stun gun in Liverpool.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk

R. v. Farooqi – Has the Court of Appeal Compounded an Injustice? – Criminal Law and Justice Weekly

“Can a defendant ever have a fair trial or be safely convicted if his advocate is incompetent, asks Matthew Scott.”

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Criminal Law and Justice Weekly, 19th October 2013

Source: www.criminallawandjustice.co.uk

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World – Family Law Week

“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Last gasp of the super-injunction – RPC Privacy Law

Posted October 21st, 2013 in data protection, human rights, injunctions, news, privacy, statistics by sally

“Super-injunctions are almost an extinct species. ‘Non-super’ privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.”

Full story

RPC Privacy Law, 21st October 2013

Source: www.rpc.co.uk

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 21st, 2013 in appeals, artistic works, assignment, copyright, law reports by sally

Performing Right Society Ltd v B4U Network (Europe) Ltd [2013] EWCA Civ 1236; [2013] WLR (D) 385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

In re W (A Child); In re H (Children) – WLR Daily

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Drug baron told to pay £185m – or face a further 10 years in jail – The Guardian

Posted October 21st, 2013 in assets recovery, drug offences, drug trafficking, homicide, news, sentencing by sally

“One of Britain’s most notorious drug smugglers has been told to pay £185m – or face another 10 years in jail. Curtis Warren, the only drug dealer to make it on to the Sunday Times Rich List, faces trial this week in Jersey where he was jailed in 2007 over a £1m cannabis-smuggling plot.”

Full story

The Guardian, 20th October 2013

Source: www.guardian.co.uk

The latest prisoner votes judgment may be our Marbury v Madison – UK Human Rights Blog

Posted October 21st, 2013 in elections, human rights, judicial review, judiciary, news, prisons, Supreme Court by sally

“At first glance, prisoner voting proponents may interpret the Supreme Court’s R (Chester) v Justice Secretary decision (see Adam Wagner’s previous post) as a defeat for advancing prisoner voting rights in the UK. This blog post offers a different perspective. By comparing Chester to the seminal US Supreme Court case of Marbury v. Madison, we summarise that such proponents should take a step back and see the wood, rather than merely the trees. This is because Lord Mance’s Chester judgment offers human rights advocates, and therefore supporters of prisoner voting rights, an unequivocal foundation from which to defend future human rights claims.”

Full story

UK Human Rights Blog, 20th October 2013

Source: www.ukhumanrightsblog.com