Darrell Mercer jailed for attack on sleeping girl, 10 – BBC News
“A convicted sex offender who grabbed a 10-year-old girl as she lay asleep in bed has been jailed for four years.”
BBC News, 5th November 2013
Source: www.bbc.co.uk
Police spies case: women lose fight for public human rights hearing – The Guardian
“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”
The Guardian, 5th November 2013
Source: www.guardian.co.uk
Sweet shop owner fined £400 for selling 30p Asda chocolate as £3 Wonka bars – The Independent
“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”
The Independent, 5th November 2013
Source: www.independent.co.uk
Surgeon convicted of patient manslaughter through negligence – The Guardian
“A consultant surgeon has been convicted of the manslaughter of a patient at a private London hospital and sentenced to two and a half years in prison.”
The Guardian, 5th November 2013
Source: www.guardian.co.uk
Legal bid over David Miranda detention at Heathrow – BBC News
“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”
BBC News, 6th November 2013
Source: www.bbc.co.uk
Lord Chief Justice suggests using Skype and FaceTime in courts – The Independent
“Video-call technology such as Skype and FaceTime could be used to allow criminal defendants to take part in court hearings from home, the most senior judge in England and Wales has said. In his first press conference, the new Lord Chief Justice, Lord Thomas, said the use of such applications could reduce the cost of hearings held in the run up to a trial.”
The Independent, 5th November 2013
Source: www.independent.co.uk
Probation officers strike in protest at privatisation plans – The Guardian
“Thousands of probation officers across England and Wales are due to stage a 24-hour strike from midday on Tuesday in protest at plans to privatise 70% of their work.”
The Guardian, 5th November 2013
Source: www.guardian.co.uk
Limiting the scope of injunctions in family cases – UK Human Rights Blog
“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”
UK Human Rights Blog, 5th November 2013
Source: www.ukhumanrightsblog.com
Last chance to comment on OFT consultation on online games – Technology Law Update
“The OFT recently published a consultation paper on its proposed eight new sector-wide principles in relation to online and app-based games. Whilst the principles will not be legally binding, they make clear the OFT’s views on businesses’ obligations under consumer protection law. The principles were proposed following the results of the OFT’s investigation in April 2013 which highlighted concerns about pressure put on children to make in-game purchases because of pressure to do so within the games. It was found that, in some games, parents were unwittingly incurring large bills due to their children being misled by aggressive practices which exploited their inexperience and vulnerability (for example, by implying that other players or characters within a game were reliant on the consumer paying for something). The OFT considered that these types of practices may amount to undue influence.”
Technology Law Update, 5th November 2013
Source: www.technology-law-blog.co.uk
Power of sale – can the mortgagee be forced to wait? – New Square Chambers
“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
Rent recovery after exercising a break clause – New Square Chambers
“A tenant’s option to determine a commercial lease (a ‘break clause’) is a common feature of the modern landlord and tenant relationship. As a result of the weak economy and the ability of tenants to determine unilaterally an unfavourable lease on terms, there have recently been a number of reported decisions concerning the disputed exercise of break clauses. The typical interests in conflict have been described in Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch) by Vos J (para 3): ‘This is a hard case for both sides. The tenant company … needs to know if it has successfully broken the lease because its future business depends on using its resources elsewhere. The landlord in these poor economic times seeks to use any argument it properly can to keep its building tenanted.'”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid – Thirty Nine Essex Street
“This paper has been prepared for the information of legal practitioners by the Law Society’s Mental Health and Disability Committee. It sets out our concerns as to the impact of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 on the entitlement to non-means tested legal aid in DoLs cases where there is court challenge to a DoLS authorisation.”
Full story (PDF)
Thirty Nine Essex Street, November 2013
Source: www.39essex.com
A negative note – New Square Chambers
“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
Single mothers lose legal challenge to benefit cap – BBC News
“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”
BBC News, 5th November 2013
Source: www.bbc.co.uk
Daniel Smith jailed for raping 84-year-old woman – BBC News
“A man who admitted raping an 84-year-old woman with dementia after breaking into her home in Oxford has been jailed.”
BBC News, 5th November 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Nageh v David Game College Ltd & Anor [2013] EWCA Civ 1340 (04 November 2013)
High Court (Chancery Division)
Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3373 (Ch) (04 November 2013)
High Court (Administrative Court)
Source: www.bailii.org
