Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court
Supreme Court, 22nd May 2013
Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court
Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)
Supreme Court, 22nd May 2013
Part 36: Dominic Regan’s cut out & keep survival guide – New Law Journal
“Dominic Regan’s exclusive Pt 36 survival guide.”
New Law Journal, 22nd May 2013
Source: www.newjournal.co.uk
Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily
Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191
“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Regina (EO and others) v Secretary of State for the Home Department – WLR Daily
“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
AAA v Associated Newspapers Ltd – WLR Daily
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189
“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
In re ITN News and others – WLR Daily
In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187
“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily
“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily
“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
High Court bares post-Jackson teeth with stricter approach to relief from sanctions – Litigation Futures
“The High Court has sent the first sign of a hardened stance against missed deadlines since the new Civil Procedure Rules (CPR) came into force.”
Litigation Futures, 23rd May 2013
Source: www.litigationfutures.com
Closing the loophole: Care services and human rights protection – UK Human Rights Blog
“Much of the House of Lords debate surrounding yesterday’s Second Reading of the Care and Support Bill focused on seeking solutions to complex issues around the future provision of care. Additionally, as several peers flagged, the Bill also provides a timely opportunity to clarify which bodies have legal obligations to uphold protections under the Human Rights Act. Baroness Campbell noted ‘those who receive their care not from a public authority but from a private body lack the full protection of the Human Rights Act…[This] is a loophole that must be closed.'”
UK Human Rights Blog, 22nd May 2013
Source: www.ukhumanrightsblog.com
Out-of-date planning guidance will not be cancelled immediately, says Boles – OUT-LAW.com
“The Government has rejected a recommendation in a planning guidance review by Lord Taylor of Goss Moor to immediately cancel all out-of-date guidance before new guidance is published.”
OUT-LAW.com, 22nd May 2013
Source: www.out-law.com
High Court rules that billionaire fraudster should lose three luxury properties – The Independent
“A billionaire fraudster is set to lose three of his luxury properties in Britain’s most exclusive postcodes after a High Court ruling.”
The Independent, 22nd May 2013
Source: www.independent.co.uk
Banned driver who mowed down cyclists is jailed for 10 years – The Guardian
“A disqualified driver fleeing police was jailed for 10 years and six months on Wednesday for killing a couple he mowed down in a car as they rode their tandem bike.”
The Guardian, 22nd May 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Vestergaard Frandsen A/S & Ors v Bestnet Europe Ltd & Ors [2013] UKSC 31 (22 May 2013)
Revenue and Customs v Marks and Spencer plc [2013] UKSC 30 (22 May 2013)
Public Prosecution Service v McKee (Northern Ireland) [2013] UKSC 32 (22 May 2013)
Court of Appeal (Civil Division)
HSBC Bank Plc v Tambrook Jersey Ltd [2013] EWCA Civ 576 (22 May 2013)
Mohan v Mohan [2013] EWCA Civ 586 (22 May 2013)
Novartis AG v Hospira UK Ltd [2013] EWCA Civ 583 (22 May 2013)
Hide v The Steeplechase Company (Cheltenham) Ltd & Ors [2013] EWCA Civ 545 (22 May 2013)
High Court (Chancery Division)
High Court (Administrative Court)
M, R (on the application of) v The Parole Board & Anor [2013] EWHC 1360 (Admin) (22 May 2013)
A B C v Secretary of State for the Home Department [2013] EWHC 1272 (Admin) (22 May 2013)
High Court (Commercial Court)
E & Ors v M [2013] EWHC 895 (Comm) (08 May 2013)
High Court (Patents Court)
Generics (UK) Ltd (t/a Mylan) v Novartis Ag [2013] EWHC 886 (Pat) (12 April 2013)
Source: www.bailii.org
Closed material and closed proceedings in FOIA litigation: authoritative guidance from the Upper Tribunal – Panopticon
“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”
Panopticon, 22nd May 2013
Source: www.panopticonblog.com
Two win sickness benefit test legal challenge – BBC News
“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”
BBC News, 22nd May 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
ITN News & Ors v R [2013] EWCA Crim 773 (21 May 2013)
Johal, R. v [2013] EWCA Crim 647 (19 April 2013)
Court of Appeal (Civil Division)
Soares v Secretary of State for the Home Department [2013] EWCA Civ 575 (21 May 2013)
Actavis Group HF v Eli Lilly & Company [2013] EWCA Civ 517 (21 May 2013)
High Court (Queen’s Bench Division)
IA, R (on the application of) v City of Westminster Council [2013] EWHC 1273 (QB) (20 May 2013)
High Court (Chancery Division)
Coward v Phaestos Ltd & Ors [2013] EWHC 1292 (Ch) (17 May 2013)
Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 1291 (Ch) (21 May 2013)
Y County Council v ZZ [2012] EWHC B34 (Ch) (25 July 2012)
High Court (Administrative Court)
High Court (Commercial Court)
X v Y [2013] EWHC 1104 (Comm) (07 May 2013)
JSC BTA Bank v Ablyazov [2013] EWHC 1361 (Comm) (25 April 2013)
Source: www.bailii.org
Norwich child sex abuser sentence ‘not unduly lenient’ – BBC News
“A child sex abuser who was spared jail due to the impact on his family was not given an ‘unduly lenient’ sentence, the solicitor general has decided.”
BBC News, 22nd May 2013
Source: www.bbc.co.uk
Legal firms don’t respond to SME legal needs which is both a problem and an opportunity – Legal Services Board
“The Legal Services Board publishes today a report on the legal needs of small businesses. The
report – In need of Advice? – is the first time that this issue has been investigated in England and
Wales.”
Full story (PDF)
Legal Services Board, 22nd May 2013
Source: www.legalservicesboard.org.uk
Related link: Findings of the Small Business Legal Needs Benchmarking Survey
