BAILII: Recent Decisions

Posted August 27th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Ahmed v R [2013] EWCA Crim 1393 (31 July 2013)

Martin, R. v [2013] EWCA Crim 1420 (31 July 2013)

Banfield & Anor, R v [2013] EWCA Crim 1394 (31 July 2013)

Regan, R. v [2013] EWCA Crim 1465 (31 July 2013)

O’Leary v R [2013] EWCA Crim 1371 (31 July 2013)

Mateta & Ors, R v [2013] EWCA Crim 1372 (30 July 2013)

Chapman, R. v [2013] EWCA Crim 1370 (29 July 2013)

High Court (Administrative Court)

Miranda, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2609 (Admin) (23 August 2013)

High Court (Chancery Division)

Citicorp Trustee Company Ltd v Barclays Bank Plc & Ors [2013] EWHC 2608 (Ch) (23 August 2013)

High Court (Queen’s Bench Division)

Jackson v Thompsons Solicitors (A Firm) & Ors [2013] EWHC 2578 (QB) (23 August 2013

Source: www.bailii.org

 

Landmark planning judgment holes golf course plan – Law Society’s Gazette

Posted August 27th, 2013 in environmental protection, interpretation, judicial review, news, planning, public interest by sally

“Green-belt campaigners have successfully challenged a scheme to turn the former home of press baron Lord Beaverbrook into a hotel and golf course, with a judgment that ‘engages the fundamentals of planning law’.”

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Law Society’s Gazette, 22nd August 2013

Surce: www.lawgazette.co.uk

Ian Wyn Edwards jailed over A494 death of Lona Wyn Jones – BBC News

Posted August 27th, 2013 in dangerous driving, homicide, news, sentencing by sally

“A man who was accused of racing another driver when he lost control, killing a woman in the back of his car, has been jailed for almost four years.”

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BBC News, 24th August 2013

Source: www.bbc.co.uk

Syrian refugee jailed in UK for using false papers – The Guardian

Posted August 27th, 2013 in asylum, confiscation, Crown Prosecution Service, news, possession of false identity documents, refugees, sentencing by sally

“Campaigners say conviction of asylum seeker for using fake papers and similar cases is abuse of immigration law.”

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The Guardian, 24th August 2013

Source: www.guardian.co.uk

Lance Armstrong ‘agrees Sunday Times settlement’ – BBC News

Posted August 27th, 2013 in damages, defamation, fraud, news, sport by sally

“Disgraced cyclist Lance Armstrong has agreed a settlement with the Sunday Times after it sued him for about £1m, the paper has announced.”

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BBC News, 25th August 2013

Source: www.bbc.co.uk

NHS failings exposed in new report – Daily Telegraph

Posted August 27th, 2013 in hospitals, news, reports, standards by sally

“Basic failings which put lives at risk have been laid bare in reports into 11 NHS hospital trusts after they were officially warned to improve or face closure.”

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Daily Telegraph, 25th August 2013

Source: www.telegraph.co.uk

Police inquiry clears officer over Taser incident in Brighton – The Guardian

Posted August 27th, 2013 in complaints, inquiries, news, police, professional conduct, video recordings, violent offenders, weapons by sally

“A police investigation into video footage that appeared to show an officer kicking a man moments after he was shot with a Taser gun has found no evidence of misconduct.”

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The Guardian, 25th August 2013

Source: www.guardian.co.uk

‘Modern slavery’ bill to tighten laws on human trafficking – The Guardian

Posted August 27th, 2013 in bills, news, prosecutions, statistics, trafficking in human beings by sally

“A ‘modern slavery’ bill that tightens the laws on human trafficking will be introduced in an attempt to eradicate an ‘evil in our midst’, Theresa May has announced.”

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The Guardian, 25th August 2013

Source: www.guardian.co.uk

Two police and crime commissioners under investigation – BBC News

Posted August 27th, 2013 in barristers, complaints, employment, fraud, news, ombudsmen, police by sally

“Two police and crime commissioners are being investigated by the police watchdog after they were accused of falsifying their eligibility for the posts.”

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BBC News, 25th August 2013

Source: www.bbc.co.uk

New lobbying bill will affect charities’ ability to campaign on political issues – The Guardian

Posted August 27th, 2013 in bills, budgets, charities, lobbying, news by sally

“The Electoral Commission, Britain’s elections watchdog, has concluded that government plans to curb political campaigning by charities before a general election are flawed and in part unworkable.”

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The Guardian, 26th August 2013

Source: www.guardian.co.uk

New flood insurance tax ‘could breach EU law’ – Daily Telegraph

Posted August 27th, 2013 in competition, EC law, insurance, news, taxation by sally

“Plans to charge every household in the country £10.50 to cover the cost of insuring properties in flood risk areas amount to a ‘tax’ and represent poor value for money for the economy, government analysts have concluded. The new system, intended to help up to 500,000 housholders afford home insurance despite living in fear of floods, is also likely to breach European laws, officials have said.”

Full story

Daily Telegraph, 26th August 2013

Source: www.telegraph.co.uk

NSA leaks: David Cameron’s response is intimidation, says world press body – The Guardian

Posted August 27th, 2013 in documents, freedom of expression, government departments, intelligence services, intimidation, media, news, public interest, terrorism, whistleblowers by sally

“David Cameron has been told that the government’s attempt to destroy sensitive leaked documents about mass surveillance was ‘an act of intimidation’ that risks a chilling effect on press freedom. The World Association of Newspapers and News Publishers (WAN-IFRA) has written to the prime minister over the government’s ‘deeply regrettable’ response to files leaked by the National Security Agency whistleblower Edward Snowden.”

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The Guardian, 26th August 2013

Source: www.guardian.co.uk

Tougher sex offender restrictions sought by campaigners – BBC News

Posted August 27th, 2013 in bills, child abuse, news, sexual grooming, sexual offences by sally

“Charities and an MP are campaigning for tougher restrictions on sex offenders, saying the system is failing to stop grooming and exploitation of children.”

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BBC News, 27th August 2013

Source:  www.bbc.co.uk

 

Muslim woman must remove burka in court, judge insists – Daily Telegraph

Posted August 23rd, 2013 in courts, identification, Islam, news, women by sally

“A judge has refused to let a Muslim woman in a full-length burka enter a plea until she shows her face to the court.”

Full story

Daily Telegraph, 23rd August 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Hall -Chung, R. v [2007] EWCA Crim 3429 (26 July 2007)

High Court (Administrative Court)

Cherkley Campaign Ltd, R (on the application of) v Longshot Cherkley Court Ltd [2013] EWHC 2582 (Admin) (22 August 2013)

High Court (Chancery Division)

Data Power Systems Ltd & Ors v Safehosts (London) Ltd & Anor [2013] EWHC 2479 (Ch) (17 May 2013)

High Court (Family Division)

BS and ES (Children), Re (Placement Order Or Special Guardianship Order) [2013] EWHC 2607 (Fam) (22 August 2013)

Jones, Re (Alleged Contempt of Court) [2013] EWHC 2579 (Fam) (21 August 2013)

Source: www.bailii.org

Authorisation of Payments in International Commercial Surrogacy – A New Approach? – Family Law Week

Posted August 23rd, 2013 in assisted reproduction, news, remuneration, surrogacy by sally

“Ruth Cabeza, barrister, of Field Court Chambers considers two important judgments recently made by Mrs Justice Theis concerning payments under international commercial surrogacy agreements.”

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Family Law Week, 22nd August 2013

Source: www.familylawweek.co.uk

A conventional approach – New Law Journal

Posted August 23rd, 2013 in children, international law, news, parental responsibility, treaties by sally

“David Williams QC provides an introduction to the 1996 Hague Convention.”

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New Law Journal, 22nd August 2013

Source: www.newlawjournal.co.uk

Press focus on “zero hours” terminology rather than substance unhelpful, says expert, as Government hints at tighter controls – OUT-LAW.com

Posted August 23rd, 2013 in codes of practice, contract of employment, employment, media, news by sally

“Broad references by the press to ‘zero hours’ employment contracts are unhelpful, as the term is used to refer to a wide variety of contracts that can be used for a number of legitimate business reasons, an expert has said.”

Full story

OUT-LAW.com, 22nd August 2013

Source: www.out-law.com

They paved Plantagenet ‘n put up a parking lot – UK Human Rights Blog

Posted August 23rd, 2013 in burials and cremation, consultations, judicial review, news, royal family by sally

“The judge gave the Allliance permission to seek judicial review of the Secretary of State’s decision about re-burial. But I question the result – does the Alliance really have a legal right to be consulted about where Richard III is to be re-buried?”

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UK Human Rights Blog, 22nd August 2013

Source: www.ukhumanrightsblog.com

ICO wrong to impose £250k fine on council for data breach, tribunal rules – Local Government Lawyer

Posted August 23rd, 2013 in appeals, data protection, fines, local government, news, tribunals, waste by sally

“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”

Full story

Local Government Lawyer, 22nd August 2013

Source: www.localgovernmentlawyer.co.uk