Recent Statutory Instruments – legislation.gov.uk

Posted May 29th, 2013 in legislation by sally

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013

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 Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2013

The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 29th, 2013 in law reports by sally

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)

Hemming (t/a Simply Pleasure Ltd) & Ors, R (on the application of) v The Lord Mayor and Citizens of Westminster [2013] EWCA Civ 591 (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)

Kheirollahi-Ahmadroghani v Secretary of State for the Home Department [2013] EWHC 1314 (Admin) (22 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

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“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.”

Full story

Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Faster justice as unneccessary committal hearings are abolished – Ministry of Justice

Posted May 29th, 2013 in committals, courts, delay, news by sally

“Serious criminals will face justice as soon as possible with the abolition of committal hearings Justice Minister Damian Green said today.”

Full story

Ministry of Justice, 28th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

BSB’s regulatory assessment: the challenge of change – Legal Services Board

Posted May 29th, 2013 in barristers, legal profession, legal services, news, professional conduct by sally

“The Legal Services Board publishes today its assessment of the Bar Standards Board (BSB) performance in the legal services sector. This performance review of the BSB’s regulatory functions represents a baseline on which future regulatory performance can be judged. It also reinforces the continuing importance the LSB attaches to improving regulatory performance. ”

Full story (PDF)

Legal Services Board, 29th May 2013

Source: www.legalservicesboard.org.uk

The Intellectual Property Bill – NIPC Law

Posted May 29th, 2013 in bills, intellectual property, news, patents, reports by sally

“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.”

Full story

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

Posted May 29th, 2013 in EC law, fees, judicial review, law reports, licensing, local government, part 36 offers, sex establishments by sally

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.”

Full story

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

Posted May 28th, 2013 in confidentiality, contract of employment, damages, employment, news, Supreme Court by sally

“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.”

Full story

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

Posted May 28th, 2013 in appeals, Christianity, employment, human rights, news, religious discrimination by sally

“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

Posted May 28th, 2013 in appeals, death penalty, drug trafficking, foreign jurisdictions, law reports, legal aid, news, sentencing by sally

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

Posted May 28th, 2013 in confidentiality, contract of employment, damages, law reports, Supreme Court by sally

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