From judicial outrage to sliding scales – where next for Wednesbury? – Lord Carnwath
From judicial outrage to sliding scales – where next for Wednesbury? (PDF)
Lord Carnwath
ALBA Annual Lecture, 12th November 2013
Source: www.supremecourt.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
PBD & Anor v Greater Manchester Police [2013] EWHC 3559 (QB) (18 November 2013)
High Court (Chancery Division)
Barratt & Ors v Treatt Plc [2013] EWHC 3561 (Ch) (15 November 2013)
High Court (Family Division)
A v A [2013] EWHC 3554 (Fam) (07 November 2013)
High Court (Administrative Court)
High Court (Technology and Construction Court)
High Court (Commercial Court)
Gestmin SGPS SA v Credit Suisse (UK) Ltd & Anor [2013] EWHC 3560 (Comm) (15 November 2013)
Source: www.bailii.org
Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily
“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
Will Marine “A” keep his anonymity? – UK Human Rights Blog
“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”
UK Human Rights Blog, 18th November 2013
Source: www.ukhumanrightsblog.com
District judges taking hardline approach to Jackson enforcement – Litigation Futures
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
Benefits fraudster who fled to Costa del Sol jailed for three years
“A benefits fraudster who fled to the Costa del Sol ahead of sentencing in 2008 has been jailed for three years. Work and Pensions Secretary Iain Duncan Smith labelled it ‘outrageous’ that 70-year-old Norman Brennan had been in Spain for five years, and vowed to bring the pensioner back to face justice.”
The Independent, 18th November 2013
Source: www.independent.co.uk
Man freed as Parkinson’s disease drug made him expose himself – Daily Telegraph
“The ‘hard-working and respectable family man’ exposed himself due to the effect of drugs he was taking.”
Daily Telegraph, 18th November 2013
Source: www.telegraph.co.uk
W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week
“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”
Family Law Week, 17th November 2013
Source: www.familylawweek.co.uk
In the matter of “The Alexandros T”; In the matter of “The Alexandros T” (No 2); In the matter of “The Alexandros T” (No 3) – Supreme Court
Supreme Court, 6th November 2013
Cotter (Respondent) v Commissioners for Her Majesty’s Revenue & Customs (Appellant) – Supreme Court
Supreme Court, 6th November 2013
TFL Management Services Ltd v Lloyds Bank plc – WLR Daily
TFL Management Services Ltd v Lloyds Bank plc [2013] EWCA Civ 1415; [2013] WLR (D) 437
“In determining whether a party had a claim for restitution based on unjust enrichment, the court ought to consider the following four questions: (i) has the defendant benefited or been enriched?; (ii) was the enrichment at the expense of the claimant?; (iii) was the enrichment unjust?; and (iv) was there any specific defence available to the defendant. The issue of whether any benefit was incidental and therefore amounted to a defence to an unjust enrichment claim was to be determined by reference to consideration of those four questions, rather than a formulation of a general exception based on characterisation of the nature of the benefit alone.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily
Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436
“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange
“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
Hacking trial: The story so far – BBC News
The trial of former News of the World journalists accused of a conspiracy to hack mobile phones is now well under way at the Old Bailey.
BBC News, 16th November 2013
Source: www.bbc.co.uk
Philpott fire deaths appeal planned to be shown on TV
“The appeal hearing for Mairead Philpott and Paul Mosley, convicted of killing six children in a Derby house fire, is expected to be filmed for television.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Cadbury’s purple mark and Mattel’s Scrabble tile mark are tricky to register – Technology Law Update
“The Court of Appeal has recently handed down judgements in Société des Produits Nestlé SA v Cadbury UK Limited and JW Spear & Sons Limited, Mattel Inc & Mattel UK Limited v Zynga Inc, which emphasise the importance of complying with the conditions of Article 2 of the Trade Marks Directive 2008/95/EC as being a ‘sign’ capable of graphic representation.”
Technology Law Update, 15th November 2013
Source: www.technology-law-blog.co.uk
