Recent Statutory Instruments – legislation.gov.uk
The Domestic Violence, Crime and Victims Act 2004 (Victims’ Code of Practice) Order 2013
The Value Added Tax (Flat-rate Valuation of Supplies of Fuel for Private Use) Order 2013
The Additionally-developed Oil Fields Order 2013
The Motor Vehicles (Third Party Risks) (Amendment) Regulations 2013
The Coroners and Justice Act 2009 (Commencement No. 16) Order 2013
The Motor Fuel (Composition and Content) (Amendment) Regulations 2013
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Wells v R [2013] EWCA Crim 2043 (19 November 2013)
Court of Appeal (Civil Division)
Ryanair Ltd v Esso Italiana Srl [2013] EWCA Civ 1450 (19 November 2013)
Leicester City Council v Shearer [2013] EWCA Civ 1467 (19 November 2013)
High Court (Queen’s Bench Division)
Mireskandari v Centaur Media Plc [2013] EWHC 3551 (QB) (19 November 2013)
High Court (Chancery Division)
Cody v Murray & Ors [2013] EWHC 3448 (Ch) (19 November 2013)
High Court (Administrative Court)
Fajemisin v The General Dental Council [2013] EWHC 3501 (Admin) (19 November 2013)
High Court (Family Division)
Surrey County Council v Al-Hilli & Anor [2013] EWHC 3404 (Fam) (04 November 2013)
Source: www.bailii.org
Critics of legal aid cuts force Law Society vote – The Guardian
“Solicitors opposed to government cuts in criminal legal aid have forced an emergency meeting of the Law Society to consider a no confidence motion in the profession’s leadership.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Regina v Sakalauskas – WLR Daily
Regina v Sakalauskas [2013] WLR (D) 442
“‘Any article’ in section 6(1) of the Fraud Act 2006 meant any article the defendant had with him for the purpose or intention of using in the course of or in connection with any fraud and use necessarily related to use in the future and not articles which had been used in the past.”
WLR Daily, 15th November 2013
Source: www.iclr.co.uk
Aspinalls Club Ltd v Revenue and Customs Comrs – WLR Daily
Aspinalls Club Ltd v Revenue and Customs Comrs 2013 EWCA Civ 1464; [2013] WLR (D) 441
“For the purposes of section 11 of the Finance Act 1997, when calculating the ‘gross gaming yield’ from gaming taking place on a gaming club’s premises, commissions and rebates paid and allowed by the gambling club to its customers under incentive schemes there were not to be taken into account as reducing the amount of ‘banker’s profits’ from dutiable gaming.”
WLR Daily, 15th November 2013
Source: www.iclr.co.uk
Regina v Fields and others – WLR Daily
Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440
“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
CF v Security Service and others; Mohamed v Foreign and Commonwealth Office and others – WLR Daily
“A court could make a declaration under section 6 of the Justice and Security Act 2013 permitting a closed material application to be made to the court before a public interest immunity claim had been made or determined.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
Guantanamo’s last UK inmate Shaker Aamer speaks from cell – BBC News
“The last British resident being held in Guantanamo Bay has been broadcast speaking from his prison cell for the first time.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
Council makes £1,500 payout after failure to tackle anti-social behaviour – Local Government Lawyer
“A city council has agreed to pay a resident £1,500 after a series of errors meant she was forced to suffer anti-social behaviour from a neighbour for more than two years.”
Local Government Lawyer, 19th November 2013
Source: www.localgovernmentlawyer.co.uk
Dying asylum seeker on hunger strike must stay in custody, says high court – The Guardian
“A failed asylum seeker said to be near death following an 85-day hunger strike in protest at his detention must remain in custody, the high court ruled on Tuesday.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Midwife ‘failed’ four-day-old baby left in cupboard – BBC News
“A midwife who left a baby face down in a stationery cupboard was guilty of failing to provide appropriate clinical care, a tribunal has ruled.”
BBC News, 19th November 2013
Source: www.bbc.co.uk
Emma Way: Driver in #bloodycyclists Twitter storm convicted after knocking cyclist off bike – The Independent
“A 22-year-old woman who posted about ‘bloody cyclists’ on Twitter hours after knocking a cyclist off his bike has been convicted of failing to stop and failing to report an accident, but cleared of driving without due care and attention at Norfolk Magistrates Court today.”
The Independent, 19th November 2013
Source: www.independent.co.uk
TV gambling ads have risen 600% since law change – The Guardian
“The number of gambling commercials on British TV has rocketed from 234,000 a year to nearly 1.4m annually since the deregulation of the sector six years ago, according to new research.”
The Guardian, 19th November 2013
Source: www.guardian.co.uk
Inheritance Act Claims – Delay at your Peril – Zenith Chambers
“Nicola Phillipson, Zenith Chambers, examines the case of Berger v Berger where the Court of Appeal refused permission to the appellant to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 almost six years out of time.”
Zenith Chambers, 5th November 2013
Source: www.zenithchambers.co.uk
Boys will be boys…. But you can’t sue the school for it by Elliot Kay – Zenith Chambers
“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”
Zenith Chambers, 28th October 2013
Source: www.zenithchambers.co.uk
Dress Codes And Discrimination Claims – No. 5 Chambers
“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”
No. 5 Chambers, 7th November 2013
Source: www.no5.com
The “bedroom tax” and human rights – Hardwicke Chambers
“At a time when Theresa May has declared that a future Conservative Government would repeal the Human Rights Act 1998 (‘the Act’) and the Justice Secretary, Chris Grayling, is leading a review of the UK’s relationship with the European Court on Human Rights, it is heartening that the judiciary is prepared to apply the Act in a manner which, surely, will attract widespread public support.”
Hardwicke Chambers, 8th November 2013
Source: www.hardwicke.co.uk
Clarifying entitlement to community care and health services – Hardwicke Chambers
“Community care services are generally provided to those with relevant assessed needs by the authority of ‘ordinary residence’. So, ordinary residence has tended to be a question for local authorities considering the entitlement to community care services. This includes accommodation and domiciliary services under the National Assistance Act 1948 (NAA 1948) and accommodation under the Children Act 1989. Ordinary residence is also relevant for identifying which local authority is the supervisory body for the purposes of the Mental Capacity Act 2005 (and, conveniently some of the deeming provisions from the NAA apply to the MCA 2005, para 183 Sched A1).”
Hardwicke Chambers, 7th November 2013
Source: www.hardwicke.co.uk
