Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily
‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre
‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
General Dental Council v Fajemisin – WLR Daily
General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin); [2013] WLR (D) 447
“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”
WLR Daily, 19th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)
SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November 2013)
L, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1481 (21 November 2013)
D, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1480 (21 November 2013)
Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1483 (21 November 2013)
IPCom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (21 November 2013)
Court of Appeal (Criminal Division)
Wells v R [2013] EWCA Crim 2043 (19 November 2013)
High Court (Commercial Court)
LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm) (21 November 2013)
BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 3612 (Comm) (21 November 2013)
Credit Suisse AG v Up Energy Group Ltd [2013] EWHC 3611 (Comm) (21 November 2013)
High Court (Queen’s Bench Division)
New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)
Douglas v The Ministry of Justice [2013] EWHC 3640 (QB) (21 November 2013)
Source: www.bailii.org
Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian
‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’
The Guardian, 21st November 2013
Source: www.guardian.co.uk
Manchester Debenhams boy rapist has jail term cut – BBC News
‘One of two men jailed for raping a 14-year-old boy in the toilet of a central Manchester department store has had his prison sentence cut.’
BBC News, 21st November 2013
Source: www.bbc.co.uk
Hunger striker Isa Muazu loses release bid – The Independent
‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’
The Independent, 21st November 2013
Source: www.independent.co.uk
Stalking laws ‘not being implemented’ – BBC News
‘The MP who chaired an inquiry that led to stalking being made a specific criminal offence has warned the new laws are not being implemented.’
BBC News, 21st November 2013
Source: www.bbc.co.uk
CQC report says hospital care has not improved since Mid Staffs scandal – The Guardian
‘Hospitals have made no improvement in patient safety or treating the ill with dignity and respect despite the concerns triggered by the Mid Staffordshire scandal, according to the independent healthcare regulator. The Care Quality Commission (CQC) also found no improvement in hospitals monitoring and assessment of the quality of care they are providing.’
The Guardian, 21st November 2013
Source: www.guardian.co.uk
‘Reform court process for children and sex attack victims’, says former senior judge – Daily Telegraph
‘Radical reforms to the way children and adult sex abuse victims give evidence in court have been floated by the former Lord Chief Justice.
Lord Judge, who stepped down as England and Wales’ most senior judge at the end of September, said there could be a “powerful case” to end the way in which rape and other sex crimes victims currently give evidence.’
Daily Telegraph, 21st November 2013
Source: www.telegraph.co.uk
London slaves: the day they escaped suburban ‘jail’ after 30 years – Daily Telgraph
‘It was, in the words of one charity boss, “just an ordinary house in an ordinary street”. Yet behind its doors, unbeknown to neighbours going about their daily lives, the elderly home owners were allegedly keeping three women as slaves in conditions that belonged to the pre-Victorian age.’
Daily Telegraph, 21st November 2013
Source: www.telegraph.co.uk
Paddling pool victim seeks millions – Daily Telegraph
“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”
Daily Telegraph, 20th November 2013
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Supreme Court
Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)
Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)
Court of Appeal (Criminal Division)
Fields & Ors v R. [2013] EWCA Crim 2042 (14 November 2013)
Court of Appeal (Civil Division)
Lanfear v Chandler [2013] EWCA Civ 1497 (20 November 2013)
Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)
Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc & Ors [2013] EWCA Civ 1484 (20 November 2013)
High Court (Queen’s Bench Division)
GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)
High Court (Chancery Division)
High Court (Administrative Court)
Obi v The Solicitors Regulation Authority [2013] EWHC 3578 (Admin) (20 November 2013)
Arshad v Court of Magistrates Malta [2013] EWHC 3619 (Admin) (20 November 2013)
High Court (Family Division)
G v B (Rev 1) [2013] EWHC 3414 (Fam) (07 November 2013)
High Court (Technology and Construction Court)
Westshield Ltd v Whitehoue & Anor [2013] 3576 EWHC (TCC) (18 November 2013)
High Court (Commercial Court)
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2013] EWHC 3618 (Comm) (20 November 2013)
Transition Feeds LLP v Itochu Europe Plc [2013] EWHC 3629 (Comm) (15 November 2013)
Source: www.bailii.org
Ethics in International Arbitration: The Big Debate – Halsbury’s Law Exchange
“International arbitration has something of a reputation as the ‘Wild West’ of the law; a land where personalities are at least as important (or perhaps more so) than procedural rules, and legal representatives can be viewed by their clients as hired guns.”
Halsbury’s Law Exchange, 21st November 2013
Source: www.halsburyslawexchange.co.uk
Maletic and another v lastminute.com and another – WLR Daily
Maletic and another v lastminute.com and another (Case C-478/12); [2013] WLR (D) 444
“The concept of ‘other party to the contract’ laid down in article 16(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1)also covered the contracting partner of the operator with which the consumer concluded that contract and which had its registered office in the member state in which the consumer was domiciled.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily
“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Asbestos NHS treatment cost recovery bill is voted into law – BBC News
“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”
BBC News, 20th November 2013
Source: www.bbc.co.uk
Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group
“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”
UK Constitutional Law Group, 21st November 2013
Source: www.ukconstitutionallaw.org
