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
Ofcom upholds Lord McAlpine complaints – BBC News
“Broadcasting watchdog Ofcom has upheld complaints against episodes of Newsnight and This Morning which led to Lord McAlpine being wrongly implicated in child sex abuse allegations.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
Richard III on the move again – pitched into the current judicial review debate – UK Human Rights Blog
“The Plantagenet Alliance Ltd (R o.t.a) v. Secretary of State for Justice and others, Haddon-Cave J, 18 October 2013 (PCO), and on permission, 15 August 2013. I posted here on the original judgment giving the Plantagenet Alliance permission to seek judicial review of the Secretary of State’s decision to re-bury Richard III in Leicester. At the time, the judge had made a full Protective Costs Order in favour of the Alliance, so that it would not have to pay costs if it lost. The judge had also ordered what he envisaged to be a short hearing to determine in what sum the Alliance’s costs should be capped. if it won.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
Amelia Bowmar death: Darryl Elliott jailed for life – BBC News
“A father-of-two who murdered his partner’s young daughter has been jailed for life.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
Christian seeks landmark ruling over Sunday shifts – Daily Telegraph
“Celestina Mba, a Christian care worker, asks the Court of Appeal to rule that she should not be forced by an employer to work on Sundays.”
Daily Telegraph, 23rd October 2013
Source: www.telegraph.co.uk
Press curbs ‘will damage Queen’s standing’ – Daily Telegraph
“Politicians’ ‘repressive’ plans to regulate the press will undermine the country’s international standing and the reputation of the Queen, free speech groups have warned.”
Daily Telegraph, 23rd October 2013
Source: www.telegraph.co.uk
New code of police ethics follows Plebgate – The Guardian
“A tough new code of ethics for the police service will be heralded by the home secretary after three officers at the centre of allegations that they lied to discredit Andrew Mitchell refused repeatedly to apologise to him during an interrogation by MPs.”
The Guardian, 23rd October 2013
Source: www.guardian.co.uk
Institutions still not safe from child sex abusers – National Crime Agency
“Organisations are at risk of being ‘complacent’ about tackling abuse because of a tendency to concentrate on historic cases, the new law enforcement agency has concluded in its first major report.”
National Crime Agency, 24th October 2013
Source: www.nationalcrimeagency.gov.uk
Eccles couple sentenced for trafficking servant girl – BBC News
“A couple who trafficked a 10-year-old girl to the UK who was repeatedly raped and kept as a servant for nearly a decade have been jailed.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
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
