“It would be wrong for businesses to be barred from contracting with workers on ‘zero hours’ terms, an employment law expert has said.”
OUT-LAW.com, 6th August 2013
Source: www.out-law.com
“The attorney general is to review the sentence of a convicted paedophile who avoided prison after his 13-year-old victim was described in court as predatory and was said to have encouraged him.”
The Guardian, 7th August 2013
Source: www.guardian.co.uk
“A police force that asked for intelligence on witnesses giving evidence to the public inquiry into the murder of Stephen Lawrence has criticised a watchdog for refusing to hold an investigation into the spying row.”
The Independent, 6th August 2013
Source: www.independent.co.uk
“GP practices could face prosecution under the Data Protection Act if they do not take steps to inform patients that data will be taken from their records and used by the NHS and private companies from this autumn.”
The Independent, 6th August 2013
Source: www.independent.co.uk
“The most senior judge in England and Wales has rejected calls for specialist courts to deal with child sex abuse cases.”
Daily Telegraph, 7th August 2013
Source: www.telegraph.co.uk
“Lawyers acting for honeymoon murder suspect Shrien Dewani are launching a bid to take his case to the supreme court.”
The Guardian, 6th August 2013
Source: www.guardian.co.uk
“Review says NHS staff responsible for ‘recklessness or wilful neglect’ of patient safety should face jail.”
The Independent, 6th August 2013
Source: www.independent.co.uk
Related link: Improving the Safety of Patients in England (PDF)
“Child victims of sexual abuse will have their cases tried by a hand picked panel of specialist judges to give them more protection in criminal trials, the Lord Chief Justice is expected to announce.”
Daily Telegraph, 7th August 2013
Source: www.telegraph.co.uk
“The publisher of the Guardian has rejected a new press self-regulator as proposed by the industry, saying that the proposed funding method threatens its independence and that the biggest national newspapers will call the shots.”
The Guardian, 6th August 2013
Source: www.guardian.co.uk
“A woman with severe learning difficulties who has refused to undergo medical examinations for a possible cancer of the uterus will be sedated and forcibly treated, a High Court judge ruled today.”
The Independent, 6th August 2013
Source: www.independent.co.uk
“A 999 operator who went on sick leave due to stress has won an £11,000 pay-off from the fire service after it hired a private investigator to spy on her and secretly fitted a GPS tracker underneath her car.”
Daily Telegraph, 5th August 2013
Source: www.telegraph.co.uk
“On 31st July the Court of Appeal delivered a reserved judgement in the case of PM –v- MB & anr [2013] EWCA Civ 969, in which the Father of the child concerned sought to appeal a County Court decision refusing him parental responsibility, allowing indirect email contact only, and, section 91(14) CA ’89, prohibiting any further application by him without leave for a period of two years.”
Sovereign Chambers, 5th August 2013
Source: www.sovereignchambers.co.uk
“Sometimes the draftsman gets it wrong. Sometimes his only mistake is to fail to predict the future. Either way a landlord can face a serious shortfall if the combined percentages of service charges payable under the leases for the block do not add up to 100%. While at first blush, the landlord’s shortfall is the tenants’ windfall, defective leases can seem a much less attractive prospect if the result is that the landlord is reluctant to provide services.”
Full story (PDF)
Tanfield Chambers, 27th July 2013
Source: www.tanfieldchambers.co.uk
“The High Court has rejected claims for a judicial review of the so-called ‘bedroom tax’. Its judgment brings to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.”
Hardwicke Chambers, 31st July 2013
Source: www.hardwicke.co.uk
“The grounds for impeaching an adjudication decision are extremely limited. However, Mr Justice Akenhead recently held that ABB Ltd. v BAM Nuttall Ltd [2013] EWHC 1983 (TCC), as one of those relatively rare cases in which reliance by the adjudicator on a clause of the subcontract between the parties – which neither party argued (let alone mentioned to the adjudicator) and which he did not refer to the parties before issuing his decision – was a material breach of the rules of natural justice.”
4 New Square, 30th July 2013
Source: www.4newsquare.com
Court of Appeal (Civil Division)
Caterpillar (NI) Ltd v John Holt & Company (Liverpool) Ltd [2013] EWCA Civ 779 (13 June 2013)
Stuart v London City Airport Ltd [2013] EWCA Civ 973 (31 July 2013)
Vince v Wyatt [2013] EWCA Civ 934 (13 June 2013)
High Court (Queen’s Bench Division)
Poole v Wright (t/a Simon Wright Racing Development) & Ors [2013] EWHC 2375 (QB) (05 August 2013)
High Court (Administrative Court)
Newcombe v Crown Prosecution Service (CPS) [2013] EWHC 2160 (Admin) (20 June 2013)
High Court (Family Division)
London Borough of Camden v Caratt & Ors [2013] EWHC 2336 (Fam) (31 July 2013)
High Court (Technology and Construction Court)
Oakapple Homes (Glossop) Ltd v DTR (2009) Ltd & Ors [2013] EWHC 2394 (TCC) (31 July 2013)
Source: www.bailii.org
Wembridge Claimants and others v Winter and others [2013] EWHC 2331 (QB); [2013] WLR (D) 334
“Regulations pertaining to health and safety in the workplace made pursuant to the Health and Safety at Work etc Act 1974 applied to fire and rescue services and were capable of amending duties under existing statutory provisions so that a breach of the regulations by a fire service employer would be actionable, save where it was expressly provided otherwise.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
“The knowledge of a fraud perpetrated by a director by means of a company was not to be attributed to that company when it sought to recover losses which the company itself had suffered as a result of the fraud, even where the director was the sole director and shareholder of the company. In those circumstances the director could not rely on the maxim ex turpi causa non oritur actio to defeat the claim.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
“An insurer could not choose the order in which claims made by an insured exhausted layers of insurance cover under a programme of professional liability insurance.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
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