Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily

Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council [2013] EWCA Civ 591; [2013] WLR (D) 203

“Since the coming into force of the Provision of Services Regulations 2009 a local authority was not permitted, when determining the reasonable licence fee for sex establishments, to reflect in the fee which it determined the cost of enforcing the licensing system against unlicensed operators.”

WLR Daily, 24th May 2013

Source: www.iclr.co.uk

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

High Court: failure to comply with rules likely to result in “severe sanctions” – Litigation Futures

Posted May 29th, 2013 in civil procedure rules, news, practice directions, sanctions by sally

“The High Court has issued a fresh warning that it will take a ‘very much stricter view’ of the failure to comply with directions in the post-Jackson world.”

Full story

Litigation Futures, 29th May 2013

Source: www.litigationfutures.com

‘Lad mags’ legal action warning to retailer – BBC News

Posted May 29th, 2013 in complaints, media, news, pornography, sex discrimination by sally

“Pressure groups have warned British retailers they could face legal action if they display magazines showing naked and near-naked images on their covers.”

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BBC News, 27th May 2013

Source: www.bbc.co.uk

Leading barristers warn over legal aid cuts – Daily Telegraph

Posted May 29th, 2013 in barristers, budgets, judicial review, legal aid, news by sally

“Dozens of Britain’s leading barristers have warned that reforms of the legal aid system by Chris Grayling, the Justice Secretary, will ‘seriously undermine the rule of law’.”

Full story

Daily Telegraph, 28th May 2013

Source: www.telegraph.co.uk

Home Office pledge to review ‘excessive’ time spent on bail is ignored by Government – The Independent

Posted May 29th, 2013 in bail, budgets, news, prosecutions, statistics, time limits by sally

“The Home Office has been accused of going back on a promise to tackle the ‘excessive duration’ of police bail, after new figures showed that more than 3,000 people have waited six months for a decision on charges.”

Full story

The Independent, 28th May 2013

Source: www.independent.co.uk

Airport expansion on ‘vital’ nature reserve to be challenged in court – The Independent

Posted May 29th, 2013 in airports, environmental protection, inquiries, news, nuclear power, planning by sally

“Controversial plans for a major extension to an airport which sits next to one of Britain’s most important nature reserves – as well as a nuclear power station – are to be challenged in court, it was announced today.”

Full story

The Independent, 28th May 2013

Source: www.independent.co.uk

Lucy Meadows coroner tells press: ‘shame on you’ – The Guardian

Posted May 29th, 2013 in coroners, inquests, media, news, suicide by sally

“A coroner told the press ‘shame on all of you’ as he ruled that a primary school teacher had killed herself after her gender reassignment became national news.”

Full story

The Guardian, 28th May 2013

Source: www.guardian.co.uk

Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com

“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”

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OUT-LAW.com, 28th May 2013

Source: www.out-law.com

European Court of Human Rights rejects Christians’ cases that their religious rights were violated by employers – The Independent

“Three British Christians who claimed their religious rights were violated by employers were told by European judges today that they could take their rejected cases no further.”

Full story

The Independent, 28th May 2013

Source: www.independent.co.uk

Student who killed ‘devil’ arts blogger is detained indefinitely – The Guardian

Posted May 28th, 2013 in detention, diminished responsibility, mental health, murder, news by sally

“A student is to be detained indefinitely in Broadmoor secure hospital for killing an arts expert who blogged as Professor Whitestick.”

Full story

The Guardian, 28th May 2013

Source: www.guardian.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 581; [2013] WLR (D) 201

“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others – WLR Daily

Vestergaard Frandsen A/S and others v Bestnet Europe Ltd and others [2013] UKSC 31; [2013] WLR (D) 200

“A former employee who started a business which developed a product using her former employers’ trade secrets was not liable for breach of confidence in circumstances where she neither knew the identity of those secrets nor that they were being used to develop the new product.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Laing v The Queen – WLR Daily

Posted May 28th, 2013 in appeals, human rights, law reports, Privy Council, reasons, trials by sally

Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198

Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Maintenance Pending Suit Revisited – Family Law Week

Posted May 28th, 2013 in family courts, financial provision, news by sally

“Alexander Chandler of 1 King’s Bench Walk, Temple, London revisits and updates an article originally published in February 2010 in light of changes brought about by the Family Procedure Rules 2010.”

Full story

Family Law Week, 24th May 2013

Source: www.familylawweek.co.uk

Action to tackle drug cutting agents – Home Office

Posted May 28th, 2013 in consultations, crime prevention, drug trafficking, enforcement, news by sally

A consultation was launched today on whether powers to seize substances used by criminals to mix with illegal drugs and maximise their profits should be strengthened.

Full story

Home Office, 28th May 2013

Source: www.gov.uk/home-office

Companies will not be forced to publish results of equal pay audits, says Government – OUT-LAW.com

Posted May 28th, 2013 in company law, data protection, disclosure, equal pay, news, publishing, reports by sally

“Companies that are required to undertake equal pay audits would not be required to make the results of those audits public, the Government has proposed.”

Full story

OUT-LAW.com, 28th May 2013

Source: www.out-law.com

Courts may be privatised to save Ministry of Justice £1bn – Daily Telegraph

Posted May 28th, 2013 in charters, courts, government departments, news by sally

“The courts may be privatised in a justice shake-up that could save the Ministry of Justice £1 billion a year.”

Full story

Daily Telegraph, 28th May 2013

Source: www.telegraph.co.uk

Shared ownership, Art 8 and A1P1 – NearlyLegal

Posted May 28th, 2013 in appeals, housing, landlord & tenant, leases, news, repossession by sally

“The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue seems to have been whether she was entitled to return of some of the amounts she had paid. Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.”

Full story

NearlyLegal, 25th May 2013

Source: www.nearlylegal.co.uk

Bipolar patient has capacity to decide to terminate pregnancy – UK Human Rights Blog

Posted May 28th, 2013 in abortion, Court of Protection, mental health, news by sally

“The patient in this case was a 37 year old highly intelligent graduate who worked in IT. For the past 8 years she presented with symptoms which were diagnosed as those of bi-polar disorder. She had been detained under compulsory or similar powers at various times in Italy, in France and here in England.”

Full story

UK Human Rights Blog, 24th May 2013

Source: www.ukhumanrightsblog.com