Annie Woodland wins landmark case over near drowning – BBC News
“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
Sarjantson and another v Chief Constable of Humberside Police – WLR Daily
“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily
“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
In re C (A Child)(Care Plan: Adoption) – WLR Daily
In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257; [2013] WLR (D) 394
“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
Zulhayir v JJ Food Service Ltd – WLR Daily
Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396
“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily
“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
Advances in open justice in England and Wales – Speech by the Master of the Rolls
“Master of the Rolls speech: Hong Kong lecture – 18 October 2013.”
Judiciary of England and Wales, 22nd October 2013
Source: www.judiciary.gov.uk
A Handbook for Litigants in Person – Judiciary of England and Wales
“A guide to appearing in civil cases without legal representation has been produced and published by the judiciary.”
Judiciary of England and Wales, 22nd October 2013
Source: www.judiciary.gov.uk
PACE Codes A, B, C 2013 – Home Office
The Intellectual Property Enterprise Court – not just a new name – Technology Law Update
“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”
Technology Law Update, 22nd October 2013
Source: www.technology-law-blog.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fagan, R (on the application of) v Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)
Court of Appeal (Criminal Division)
Montague, R v [2013] EWCA Crim 1781 (22 October 2013)
High Court (Administrative Court)
High Court (Commercial Court)
Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm) (22 October 2013)
High Court (Patents Court)
Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWHC 3160 (Pat) (22 October 2013)
High Court (Queen’s Bench Division)
Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)
Source: www.bailii.org
MoJ decides against increase in small claims track limit – Law Society’s Gazette
“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”
Law Society’s Gazette, 23rd October 2013
Source: www.lawgazette.co.uk
Schoolboy armed robber sentenced to 40 months – Daily Telegraph
“A ‘model pupil’ who robbed a bank with an imitation firearm has been sentenced to 40 months in a Young Offenders’ Institution.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
Honeymoon murder suspect Shrien Dewani wins extradition hearing – The Independent
“Honeymoon murder suspect Shrien Dewani has won a further hearing in his legal battle against extradition. A panel of three High Court judges – headed by the Lord Chief Justice Lord Thomas – ruled today there are outstanding legal issues the court must decide.”
The Independent, 22nd October 2013
Source: www.independent.co.uk
Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph
“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
Inquest finds police failings over killings of woman and toddler son – The Guardian
“Police failings ‘more than minimally’ contributed to the deaths of a pregnant mother and child who were stabbed to death by the woman’s former partner days after she went to the police for help, an inquest jury has ruled.”
The Guardian, 22nd October 2013
Source: www.guardian.co.uk
Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph
“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”
Daily Telegraph, 22nd October 2013
Source: www.telegraph.co.uk
