Refusal of shadow licence for nightclub “unlawful”, says High Court judge – Local Government Lawyer
“A decision by a council’s licensing services manager to reject an application from a landlord for a ‘shadow’ licence was unlawful, a High Court judge has ruled.”
Local Government Lawyer, 23rd July 2013
Source: www.localgovernmentlawyer.co.uk
Four sentenced over £5 million film industry tax fraud – Crown Prosecution Service
“Anish Anand, Amit Kumar, Sanjeev Mirajkar and Afsana Karim have today been sentenced at Croydon Crown Court for cheating the public revenue of more than £5m.”
Crown Prosecution Service, 22nd July 2013
Source: www.cps.gov.uk
Second Christian B&B case headed for the Supreme Court – UK Human Rights Blog
“Black and Morgan v. Wilkinson [2013] EWCA Civ 820. The Court of Appeal recently dismissed an appeal by a Christian bed and breakfast owner, upholding the decision that she unlawfully discriminated against a gay couple by refusing to provide them with a double bedroom. However, the Master of the Rolls (head of the civil justice system) Lord Dyson expressed doubt about whether the previous binding decision of the Court of Appeal in the very similar case of Hall and Preddy v. Bull and Bull [2012] EWCA Civ 83, was correct, and the Court granted permission to appeal to the Supreme Court.”
UK Human Rights Blog, 23rd July 2013
Source: www.ukhumanrightsblog.com
Updates begin: Government proposes greater protection for consumers of digital content – Technology Law Update
“Online providers may be aware that currently, a consumer who buys a CD or DVD has greater protection than one who purchases exactly the same content by downloading it from the internet. The UK Government has recognised a need to update the law and published a Draft Consumer Rights Bill on 12 June 2013, which gives protection to consumers of digital content. ‘Digital Content’ is defined broadly in the Bill and will include, for example, video and music downloads, e-books, apps and online games.”
Technology Law Update, 22nd July 2013
Source: www.technology-law-blog.co.uk
Juror who posted paedophile trial on Facebook denies contempt of court – The Independent
“The modern-day perils of using the internet while serving on a jury were all too evident today as two former jurors were brought before the High Court.”
The Independent, 23rd July 2013
Source: www.independent.co.uk
Police hide names of companies suspected of phone hacking – Daily Telegraph
” More than 100 companies and individuals are suspected of obtaining illicit information by hacking, blagging and theft and The Serious Organised Crime Agency has finally handed a list of names to MPs. However, the agency insisted that it remain secret to protect those involved.”
Daily Telegraph, 24th July 2013
Source: www.telegraph.co.uk
Shrien Dewani awaits ruling on bid to fight extradition to South Africa – The Guardian
“Shrien Dewani will discover on Wednesday whether his latest bid to delay his extradition to South Africa to face trial over his wife’s death has succeeded.”
The Guardian, 24th July 2013
Source: www.guardian.co.uk
Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily
Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291
“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”
WLR Daily 18th July 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Arnold v Britton & Ors [2013] EWCA Civ 902 (22 July 2013)
Fairstar Heavy Transport NV v Adkins & Anor [2013] EWCA Civ 886 (19 July 2013)
Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)
Court of Appeal (Criminal Division)
Bestel & Ors v R [2013] EWCA Crim 1305 (19 July 2013)
High Court (Administrative Court)
Extreme Oyster & Anor v Guildford Borough Council [2013] EWHC 2174 (Admin) (22 July 2013)
Webb v Solicitors Regulation Authority [2013] EWHC 2078 (Admin) (19 July 2013)
High Court (Chancery Division)
Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch) (22 July 2013)
Masters v Barclays Bank Plc [2013] EWHC 2166 (Ch) (19 July 2013)
High Court (Commercial Court)
Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)
High Court (Queen’s Bench Division)
Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)
AP (UK) Ltd v West Midland Fire & Civil Defence Authority [2013] EWHC 385 (QB) (22 July 2013)
Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)
High Court (Technology and Construction Court)
Corelogic Ltd v Bristol City Council [2013] EWHC 2088 (TCC) (18 July 2013)
Source: www.bailii.org
Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily
“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”
WLR Daily, 17th July 2013
Source: www.iclr.co.uk
Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily
“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)
“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily
Regina v Bestel; Regina v Raza; Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296
“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”
WLR Daily, 19th July 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Annual Tax on Enveloped Dwellings (Returns) Regulations 2013
The Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2013
The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013
The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2013
The Adoption (Recognition of Overseas Adoptions) Order 2013
The Access to the Countryside (Maps) (England) Regulations 2013
The Tower Hamlets (Electoral Changes) Order 2013
The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2013
The Life Insurance Qualifying Policies (Statement and Reporting Requirements) Regulations 2013
The Gaming Duty (Amendment) Regulations 2013
The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2013
The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2013
The Temporary Non-Residence (Miscellaneous Amendments) Regulations 2013
Source: www.legislation.gov.uk
Part 36 to the fore in this month’s costs cases round-up – Litigation Futures
“Our monthly summary of key costs-related court decisions.”
Litigation Futures, 19th July 2013
Source: www.litigationfutures.com
Insanity and Automatism – Law Commission
“We have published a discussion paper examining the rules governing the defences of insanity and automatism.”
Law Commission, 23rd July 2013
Source: www.justice.gov.uk/lawcommission
The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace – Judiciary of England and Wales
“The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace.”
Judiciary of England and Wales, 18th July 2013
Source: www.judiciary.gov.uk
