Sun on Sunday pays damages to man wrongly linked to serial killer – The Guardian
“The Sun on Sunday ran a front page ‘world exclusive’ last November headlined ‘I’m Fred West’s love child’.”
The Guardian, 13th May 2013
Source: www.guardian.co.uk
Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange
“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”
Halsbury’s Law Exchange, 13th May 2013
Source: www.halsburyslawexchange.co.uk
Failure to comply with the ACAS Code – Employment Law Blog
“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”
Employment Law Blog, 14th May 2013
Source: www.employment11kbw.com
Judge bars affair revenge naked pictures – Daily Telegraph
“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”
Daily Telegraph, 13th May 2013
Source: www.telegraph.co.uk
Further action may be needed on voting fraud – watchdog – BBC News
“Restrictions on postal voting and identity checks at polling stations may be needed to help crack down on fraud, the elections watchdog has said.”
BBC News, 14th May 2013
Source: www.bbc.co.uk
Child sexual abuse orders failing to deliver, says Ceop – BBC News
“The system of civil court orders designed to prevent sexual abuse of children in Britain is ‘not fit for purpose’, according to a report obtained by the BBC.”
BBC News, 14th May 2013
Source: www.bbc.co.uk
Metropolitan police issue cautions for crimes including rape, figures reveal – The Guardian
“Nearly 29,000 cautions were handed to criminals by the Metropolitan police in the year to March for offences including robbery, drug-trafficking and rape.”
The Guardian, 13th May 2013
Source: www.guardian.co.uk
Assisted suicide should be regulated by courts, senior judges told – The Guardian
“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”
The Guardian, 13th May 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)
Court of Appeal (Criminal Division)
R v [2013] EWCA Crim 707 (10 May 2013)
R, M & L, R v [2013] EWCA Crim 708 (10 May 2013)
London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)
Mahil & Ors v R. [2013] EWCA Crim 673 (09 May 2013)
High Court (Administrative Court)
MN & Anor v London Borough of Hackney [2013] EWHC 1205 (Admin) (10 May 2013)
Samuel Smith Old Brewery Tadcaster v Selby District Council [2013] EWHC 1159 (Admin) (10 May 2013)
High Court (Chancery Division)
RC Brewery Ltd v HM Revenue and Customs [2013] EWHC 1184 (Ch) (10 May 2013)
Slocom Trading Ltd & Anor v Tatik Inc & Ors [2013] EWHC 1201 (Ch) (10 May 2013)
Kuppusamy v Mathankanna & Anor [2013] EWHC 1197 (Ch) (10 May 2013)
High Court (Commercial Court)
Seagrain LLC v Glencore Grain B V [2013] EWHC 1189 (Comm) (10 May 2013)
High Court (Queen’s Bench Division)
The Serious Organised Crime Agency v Namli & Ors [2013] EWHC 1200 (QB) (10 May 2013)
Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)
National Westminster Bank v Frankham [2013] EWHC 1199 (QB) (10 May 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
Ahmadi v Secretary of State for the Home Department – WLR Daily
Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170
“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The New Parks for People (England) Joint Scheme (Authorisation) Order 2013
The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013
The Town and Country Planning (Compensation) (England) Regulations 2013
The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013
The Coroners and Justice Act 2009 (Commencement No. 13) Order 2013
Source: www.legislation.gov.uk
Ramsey: costs management limits being reviewed – Litigation Futures
“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”
Litigation Futures, 13th May 2013
Source: www.litigationfutures.com
Costs Management Pilot Report – Judiciary of England and Wales
“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”
Judiciary of England & Wales, 10th May 2013
Source: www.judiciary.gov.uk
CPS publishes Guidance on Charging Offences arising from Driving Incidents following public consultation – Crown Prosecution service
“The Crown Prosecution Service has today published its Guidance on Charging Offences arising from Driving Incidents. The two most significant changes from previous guidance concern drivers in emergencies and deaths where the victim is a close friend or relative of the driver.”
Crown Prosecution Service, 9th May 2013
Source: www.cps.gov.uk
Employment tribunal to lose power to make wider recommendations in discrimination cases – OUT-LAW.com
“The Government is to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim, it has announced.”
OUT-LAW.com, 10th May 2013
Source: www.out-law.com
Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com
“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”
OUT-LAW.com, 10th May 2013
Source: www.out-law.com
Yet another one…NearlyLegal
“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”
NearlyLegal, 12th May 2013
Source: www.nearlylegal.co.uk
To be incurred or not to be incurred? – NearlyLegal
“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”
NearlyLegal, 10th May 2013
Source: www.nearlylegal.co.uk
