BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Press & Anor v R. [2013] EWCA Crim 1849 (24 October 2013)
Court of Appeal (Civil Division)
S (A Child), Re [2013] EWCA Civ 1254 (24 October 2013)
High Court (Queen’s Bench Division)
Briggs v Jordan & Ors [2013] EWHC 3205 (QB) (24 October 2013)
High Court (Chancery Division)
High Court (Administrative Court)
Devere, R (on the application of) v Land Registry [2013] EWHC 2477 (Admin) (21 October 2013)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Oak Leaf Conservatories Ltd v Weir & Anor [2013] EWHC 3197 (TCC) (24 October 2013)
Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 3202 (TCC) (10 October 2013)
Source: www.bailii.org
Jeffrey Lake, ex-policeman, jailed for child rape – BBC News
“A retired police sergeant has been jailed for raping and sexually abusing two children while he was an officer serving in Lancashire and Merseyside.”
BBC News, 24th October 2013
Source: www.bbc.co.uk
The Supreme Court ruling in Woodland v Essex County Council: the reaction – Local Government Lawyer
“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”
Local Government Lawyer, 24th October 2013
Source: www.localgovernmentlawyer.co.uk
Social mobility – is law leading the way? – Legal Week
“The latest Alan Milburn report on social mobility has produced a little backslapping in legal circles, primarily because of this judgment: “Professions are undertaking more activity in order to improve but results are mixed: law leads medicine, media, politics and finance.”
Legal Week, 24th October 2013
Source: www.legalweek.com
IP in tattoos, seriously? – Technology Law Update
“There has been a lot of discussion over the last couple of years in the media about what intellectual property exists in tattoos and who owns it. It is likely that tattoos, if original artistic works, will be subject to copyright and the owner of copyright works is generally the person who created them, i.e. the tattoo artist.”
Technology Law Update, 24th October 2013
Source: www.technology-law-blog.co.uk
Ofcom to launch unprecedented review of mobile phone speeds as shock figures reveal 3G “non-spots” – Daily Telegraph
Britain’s mobile phone operators could be forced by Government to invest more in next generation services after ‘shocking’ figures showed thousands of miles of roads have no 3G coverage at all.
Daily Telegraph, 24th October 2013
Source: www.telegraph.co.uk
Woman who ‘cannot work because of a shoe allergy’ sees benefits stopped – Daily Telegraph
“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”
Daily Telegraph, 24th October 2013
Source: www.telegraph.co.uk
Blackpool Council fined over ‘horrific’ Claremont Park swing injuries – BBC News
“Blackpool Council has been fined £18,000 after a boy suffered ‘horrific injuries’ when a park swing fell on him.”
BBC News, 24th October 2013
Source: www.bbc.co.uk
Lord McAlpine settles libel action with Alan Davies over Twitter comment – The Guardian
“Lord McAlpine has settled his libel action with Alan Davies over a tweet relating to false child sex abuse allegations, with the comedian agreeing to pay £15,000 in damages and issuing a warning to users of the social media service.”
The Guardian, 24th October 2013
Source: www.guardian.co.uk
Newcastle United horse punch fan Barry Rogerson jailed – BBC News
“A Newcastle United fan who punched a police horse when trouble flared following his side’s defeat to Sunderland has been jailed for a year.”
BBC News, 24th October 2013
Source: www.bbc.co.uk
Jailed women will serve their sentences closer to home – The Independent
“Women prisoners will be held as close to their homes as possible and guaranteed help to return to the outside world under measures to be announced today to break the cycle of female offending.”
The Independent, 25th October 2013
Source: www.independent.co.uk
Press regulation: publishers seek judicial review of royal charter decision – The Guardian
“A group of national newspaper publishers have launched a legal challenge to the government’s plans for press regulation, claiming that ‘irrational’ ministers have failed to apply ‘rigorous standards of consultation’ over plans for a new watchdog.”
The Guardian, 24th October 2013
Source: www.guardian.co.uk
Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2012–13 – Ministry of Justice
“This is the latest in a series of annual reports to the Joint Committee on Human Rights (JCHR) setting out the Government’s record on the implementation of adverse Human Rights judgments.”
Ministry of Justice, 24th October 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Landlord handed £75K confiscation order after admitting planning breaches – Local Government Lawyer
“A landlord who illegally split two houses into flats has been ordered to pay a London council £75,000 under the Proceeds of Crime Act.”
Local Government Lawyer, 23rd October 2013
Source: www.localgovernmentlawyer.co.uk
Supreme Court considers definition of “terrorism” – UK Human Rights Blog
“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
Regina v Smith (Kim) – WLR Daily
Regina v Smith (Kim): [2013] EWCA Crim 502; [2013] WLR (D) 398
“In proceedings for a confiscation order under the Proceeds of Crime Act 2002, the fact that an offender would not be able to recover a ‘tainted gift’ from the donee did not mean that the full value of that gift should not be counted towards the recoverable amount pursuant to section 9(1)(b) of the 2002 Act.”
WLR Daily, 8th March 2013
Source: www.iclr.co.uk
Commission of the European Union v Federal Republic of Germany – WLR Daily
Commission of the European Union v Federal Republic of Germany: (Case C-95/12); [2013] WLR (D) 399
“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”
WLR Daily, 22nd October 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Supreme Court
Szepietowski v The National Crime Agency (Rev 1) [2013] UKSC 65 (23 October 2013)
Gul, R. v [2013] UKSC 64 (23 October 2013)
Woodland v Essex County Council [2013] UKSC 66 (23 October 2013)
Court of Appeal (Civil Division)
Alphasteel Ltd v Shirkhani & Anor [2013] EWCA Civ 1272 (23 October 2013)
F (a child) [2013] EWCA Civ 1277 (23 October 2013)
HF (Iraq) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1276 (23 October 2013)
Nitikin & Ors v Novoship (UK) Ltd & Ors [2013] EWCA Civ 1274 (23 October 2013)
PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013)
Minerva Navigation Inc v Oceana Shipping AG [2013] EWCA Civ 1723 (23 October 2013)
Court of Appeal (Criminal Division)
Wilson v R [2013] EWCA Crim 1780 (23 October 2013)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) (23 October 2013)
PNM v Times Newspapers Ltd & Ors [2013] EWHC 3177 (QB) (22 October 2013)
Source: www.bailii.org