Edinburgh Woollen Mill boss Philip Day fined over wood damage – BBC News
“A tycoon has been ordered to pay almost £1m for damage caused to ancient woodland in Cumbria.”
BBC News, 2nd August 2013
Source: www.bbc.co.uk
Driver caught doing 80 mph in a 30 mph zone criticised – Daily Telegraph
“A judge has criticised a man caught driving at more than 80 mph in a 30 mph zone, as she said sentencing guidelines did not cover such a gross breach of the speed limit.”
Daily Telegraph, 6th August 2013
Source: www.telegraph.co.uk
Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective – UK Constitutional Law Group
“The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. This has not prevented courts in some jurisdictions considering how they might ‘legalise’ assisted suicide without really legalising it. In doing so, they have raised manifold challenges in the minds of administrative and constitutional lawyers, including, in some jurisdictions, whether the prohibition on assisted suicide is itself constitutional, such as Rodriguez in Canada, Fleming in Ireland and Pretty in the ECtHR.”
UK Constitutional Law Group, 7th August 2013
Source: www.ukconstitutionallaw.org
Zero hours contracts provide flexibility for employees as well businesses but safeguards needed to prevent abuse, says expert – OUT-LAW.com
“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
Attorney general will review paedophile’s suspended sentence after prosecutor called victim ‘predatory’ – The Guardian
“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
IPCC wrong not to investigate us over Stephen Lawrence, say police – The Independent
“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 surgeries must inform patients about data plan – or face legal action – The Independent
“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
Top judge rejects calls for specialist sex crime courts – Daily Telegraph
“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
Shrien Dewani lawyers launch bid to fight extradition in supreme court – The Guardian
“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
Berwick report: Danger of understaffed NHS wards can no longer be ignored after Mid Staffs scandal, Jeremy Hunt warned – The Independent
“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 abuse victims to get specialist trial judges – Daily Telegraph
“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
Guardian rejects press watchdog as ‘own goal’ threatening independence – The Guardian
“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
Woman with learning difficulties will be forcibly checked for possible cancer, judge rules – The Independent
“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
Female 999 operator wins pay-off from fire service after hiring private investigator to spy on her – Daily Telegraph
“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
Father’s rights severely curtailed; James Hargen comments on PM v MB – Sovereign Chambers
“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
“Back to the Future” – The Retrospective Variation of Leases of Flats under the Landlord and Tenant Act 1987 – Tanfield Chambers
“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
High Court rejects “bedroom tax” claims – Hardwicke Chambers
“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
Adjudication decision declared invalid for serious breaches of the rules of natural justice – 4 New Square
“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
BAILII: Recent Decisions
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 – WLR Daily
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
