Recent Statutory Instruments – legislation.gov.uk
The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013
The Denatured Alcohol (Amendment) Regulations 2013
The Health Education England (Establishment and Constitution) Amendment (No. 2) Order 2013
The Protection of Freedoms Act 2012 (Consequential Amendments) No.2 Order 2013
The Police Act 1997 (Criminal Records) (Amendment) Regulations 2013
The First-tier Tribunal (Property Chamber) Fees Order 2013
The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Lewis & Ors v R. [2013] EWCA Crim 776 (23 May 2013)
Court of Appeal (Civil Division)
B2 v Secretary of State for the Home Department [2013] EWCA Civ 616 (24 May 2013)
Ker v Optima Community Association [2013] EWCA Civ 579 (24 May 2013)
Gavin & Anor v Community Housing Association Ltd [2013] EWCA Civ 580 (24 May 2013)
SS (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 550 (22 May 2013)
High Court (Queen’s Bench Division)
Rehman & Anor v Jones Lang Lasalle Ltd [2013] EWHC 1339 (QB) (22 May 2013)
McAlpine v Bercow [2013] EWHC 1342 (QB) (24 May 2013)
High Court (Chancery Division)
Turner v Chief Land Registrar [2013] EWHC 1382 (Ch) (24 May 2013)
Walden v Atkins [2013] EWHC 1387 (Ch) (23 May 2013)
London & Medway Ltd v Sunley Holdings Plc [2013] EWHC 1420 (Ch) (24 May 2013)
Creasey & Anor v Sole & Ors [2013] EWHC 1410 (Ch) (24 May 2013)
High Court (Family Division)
Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam) (07 May 2013)
Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam) (21 May 2013)
AB v CD [2013] EWHC 1418 (Fam) (24 May 2013)
J v G [2013] EWHC 1432 (Fam) (26 March 2013)
High Court (Administrative Court)
Sunderland City Council v Stirling Investment Properties LLP [2013] EWHC 1413 (Admin) (24 May 2013)
High Court (Technology and Construction Court)
Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1191 (TCC) (24 May 2013)
High Court (Commercial Court)
Mauritius Commercial Bank Ltd v Hestia Holdings Ltd & Anor [2013] EWHC 1328 (Comm) (24 May 2013)
Source: www.bailii.org
Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week
“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”
Family Law Week, 23rd May 2013
Source: www.familylawweek.co.uk
Faster justice as unneccessary committal hearings are abolished – Ministry of Justice
“Serious criminals will face justice as soon as possible with the abolition of committal hearings Justice Minister Damian Green said today.”
Ministry of Justice, 28th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
The Intellectual Property Bill – NIPC Law
“In Digital Opportunity, A Review of Intellectual Property and Growth Professor Ian Hargreaves made 10 recommendations for IP policy which I discussed at length in “IP Policy: Does Hargreaves say Anything New?” 24 June 2011. Some of those recommendations required primary legislation. Others did not. As I said in my article, Hargreaves was not the first review of IP policy in recent years and most of the previous ones had been left to gather dust. I suspected the same would happen to Hargreaves.”
NIPC Law, 28th May 2013
Source: www.nipclaw.blogspot.co.uk
Regina (Hemming (t/a Simply Pleasure Ltd and others) v Westminster City Council – WLR Daily
“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
“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
“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.”
Litigation Futures, 29th May 2013
Source: www.litigationfutures.com
‘Lad mags’ legal action warning to retailer – BBC News
“Pressure groups have warned British retailers they could face legal action if they display magazines showing naked and near-naked images on their covers.”
BBC News, 27th May 2013
Source: www.bbc.co.uk
Home Office pledge to review ‘excessive’ time spent on bail is ignored by Government – The Independent
“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.”
The Independent, 28th May 2013
Source: www.independent.co.uk
Airport expansion on ‘vital’ nature reserve to be challenged in court – The Independent
“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.”
The Independent, 28th May 2013
Source: www.independent.co.uk
Lucy Meadows coroner tells press: ‘shame on you’ – The Guardian
“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.”
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.”
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.”
The Independent, 28th May 2013
Source: www.independent.co.uk
Student who killed ‘devil’ arts blogger is detained indefinitely – The Guardian
“A student is to be detained indefinitely in Broadmoor secure hospital for killing an arts expert who blogged as Professor Whitestick.”
The Guardian, 28th May 2013
Source: www.guardian.co.uk
Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
“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
“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