Lord Neuberger on “Justice in an age of austerity” – CrimeLine
“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”
CrimeLine, 15th October 2013
Source: www.crimeline.info
Back to basics: why a public authority can’t be an HRA victim – UK Human Rights Blog
“David Mead looks at a case in which the Olympic Delivery Agency got an injunction against protesters: Olympic Delivery Authority v Persons Unknown. The ODA was a public authority, and the protesters were advancing defences under Articles 10 (freedom of expression) and 11 (freedom of association). Arnold J dismissed the defences on the basis that these rights needed to be balanced against the ODA’s rights to property under A1P1.”
UK Human Rights Blog, 17th October 2013
Source: www.ukhumanrightsblog.com
Adam Perry and Farrah Ahmed: Constitutional Conventions and Legitimate Expectations – UK Constitutional Law Group
“Courts and commentators have sometimes said the administrative law doctrine of legitimate expectations is incoherent. They say that the various ways of acquiring a legitimate expectation do not hang together; nothing unifies them. For example, Lord Brown in Paponette v Attorney General of Trinidad and Tobago agreed with a commentator’s description of the doctrine of legitimate expectations as a mere ‘patchwork’ and ‘little more than a mechanism to dispense palm-tree justice’. Both Richard Clayton and Mark Elliott have in the past favoured the ‘disaggregation’ of the doctrine.”
UK Constitutional Law Group, 18th October 2013
Source: www.ukconstitutionallaw.org/blog
High Court decision is a reminder of the dangers of a lengthy holding over period followingon lease expiry, says expert – OUT-LAW.com
“A recent High Court decision should act as a reminder to both landlords and
tenants that the frequent practice of the tenant continuing in occupation of
commercial premises (holding over) after the expiry of some leases can lead to
unexpected consequences, an expert has said.”
OUT-LAW.com, 18th October 2013
Source: www.out-law.com
UK Supreme Court judgment: R (Chester) v Justice Secretary, McGeoch v Lord President – Head of Legal
“It’s no surprise that the Supreme Court has today unanimously dismissed appeals by two prisoners who wanted various remedies under the Human Rights Act and EU law for being denied the vote in Parliamentary, local, Scottish Parliament and European elections. These cases were always weak.”
Head of Legal, 16th October 2013
Source: www.headoflegal.com
Ministeriet for Forskning, Innovation og Videregaende Uddannelser v Manova A/S – WLR Daily
“The principle of equal treatment did not preclude a contracting authority from asking a candidate, after the deadline for applying to take part in the contracts award procedures pursuant to Parliament and Council Directive 2004/18/EC, to provide documents describing that candidate’s situation which could be objectively shown to pre-date that deadline.”
WLR Daily, 10th October 2013
Source: www.iclr.co.uk
Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily
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
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 1232 (17 October 2013)
Robbins v London Borough of Bexley [2013] EWHC 1233 (Civ) (17 October 2013)
Court of Appeal (Criminal Division)
Speed, R. v [2013] EWCA Crim 1650 (07 October 2013)
High Court (Administrative Court)
Trail Riders Fellowship & Ors v Powys County Council [2013] EWHC 3144 (Admin) (17 October 2013)
High Court (Chancery Division)
Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3148 (Ch) (17 October 2013)
High Court (Family Division)
M-T v T [2013] EWHC 2061 (Fam) (15 October 2013)
AK and MK (Fact Finding : Physical Injuries), Re [2013] EWHC 3158 (Fam) (15 October 2013)
Source: www.bailii.org
Coroner Alan Crickmore pleads guilty to £2 million fraud of the dead – Daily Telegraph
“A coroner has pleaded guilty to a £2 million fraud which saw him steal some of the money from the estates of the dead.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
Ex-BBC DJ Michael Souter guilty of sex attacks on boys – BBC News
“A former BBC radio presenter described as a ‘dominant predator’ has been found guilty of sexually abusing boys.”
BBC News, 17th October 2013
Source: www.bbc.co.uk
Young mother’s suicide ‘could have been prevented’ – Daily Telegraph
“The NHS has admitted liability for the death of a new mother suffering severe post-natal depression after she was allowed to leave a hospital unsupervised despite warnings she was at ‘very high risk’ of suicide.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
More transparency for Court of Protection – Daily Telegraph
“The Court of Protection could be opened up to the public and media in the future, one of the country’s most senior judges said.”
Daily Telegraph, 17th October 2013
Source: www.telegraph.co.uk
Human trafficking gets life term in drive on slavery – BBC News
“A maximum life sentence for the worst cases of human trafficking and exploitation is to be introduced.”
BBC News, 18th October 2013
Source: www.bbc.co.uk
Military at risk of paralysis from human rights cases, think-tank argues – The Guardian
“British military operations are at risk of being undermined by human rights law and health and safety red tape, a research institute has warned.”
The Guardian, 18th October 2013
Source: www.guardian.co.uk
Transsexual PC suing Essex Police after ‘being forced to out herself over radio’ – Daily Telegraph
“PC Emma Chapman alleges that Essex Police did not do enough to help officers
understand transgender issues or investigate her claims properly, in what is
believed to be the first case of its kind. ”
Daily Telegraph, 18th October 2013
Source: www.telegraph.co.uk
Could new guidelines have stopped Savile? – BBC News
“The Crown Prosecution Service has published detailed guidance on how to handle sex abuse allegations. It comes down to is a simple shift in thinking that can make a profound difference: Trust, rather than doubt, what the victim is saying.”
BBC News, 17th October 2013
Source: www.bbc.co.uk
EVENT: UCL – The Year in Review – Unjust Enrichment / Land Law and Trusts
“The seminars will provide an authoritative and concise overview of the year’s most significant legal developments and will clearly set out their impact on the areas of law under discussion.
At each seminar, the two speakers will be Professor Charles Mitchell (an author of Goff and Jones: The Law of Unjust Enrichment and Underhill and Hayton: Law Relating to Trusts and Trustees) and Professor Ben McFarlane (an author of The Structure of Property Law and Land Law: Text, Cases and Materials).”
1.5 CPD hours
Date: Unjust Enrichment – 4th December 2013, 6.00-7.30pm
Land Law and Trusts – 11th December 2013, 6.00-7.30pm
Location: UCL Faculty of Laws – Graduate Wing, 1-2 Endsleigh Street, London WC1H 0EG
Charge: Single seminar: £100. Both seminars: £160.
More information can be found here.
David Mead: The Continuing Mystery of “Publicness” Within Section 6 of the HRA – UK Constitutional Law Group
“Guessing that it was not on my usual diet of journals, a colleague recently suggested an article in The Conveyancer that might be of interest. Emma Lees had written an interesting piece ((2013) 77 Conv. 211) on protest occupations and actions for possession but one aspect unrelated to the main topic intrigued me more than any other. In Olympic Delivery Authority v Persons Unknown [2012] EWCA 1012 Ch, the ODA, established under s.3 of the London Olympic Games and Paralympic Games Act 2006, sought injunctions to restrain protesters from entering and/or occupying land that was being developed as part of the Olympic site. Mr Justice Arnold had held that he was required to balance the rights of the putative protesters under Articles 10 and 11 with the ODA’s rights to peaceful enjoyment of possessions under the 1st Protocol (at [24]). I’d skimmed the case last year when judgment was delivered but hadn’t really noticed the point that Emma Lees was making: that it was ‘somewhat surprising that [the ODA] is deemed capable also of possessing human rights’ (Lees, p.215) as it is acknowledged elsewhere in the judgment as a public authority (though Lees uses the term ‘public body’).”
UK Constitutional Law Group, 17th October 2013
Source: www.ukconstitutionallaw.org
