BAILII: Recent Decisions
Court of Appeal (Civil Division)
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554 (20 May 2013)
High Court (Administrative Court)
Source: www.bailii.org
7 out of 10 of the British public fear legal aid cuts will lead to injustice – The Bar Council
“A ComRes poll, commissioned by the Bar Council, which represents barristers in England and Wales, today shows that seven out of ten (71%) of the British public are concerned that cuts to legal aid could lead to innocent people being convicted of crimes they did not commit. The poll, published this morning, also shows that two-thirds (67%) of the British public agree that legal aid is a price worth paying for living in a fair society.”
The Bar Council, 21st May 2013
Source: www.barcouncil.org.uk
Cross-government reforrms benefit charities and mutuals – Ministry of Justice
“A comprehensive package of measures to help the voluntary sector and mutuals compete for contracts to cut reoffending was announced today by the Cabinet Office and the Ministry of Justice.”
Ministry of Justice, 21st May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract? – Employment Law Blog
“The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist minister was not an employee and therefore had no claim for unfair dismissal.”
Employment Law Blog, 20th May 2013
Source: www.employment11kbw.com
Shurely shome mishtake? – 4 New Square
“The Supreme Court’s decision on mistake and the flawed exercise of discretion by trustees, and the impact of the decision on professional advisers and their insurers.”
Full story (PDF)
4 New Square, 17th May 2013
Source: www.4newsquare.com
Police swabbing of child DNA excessive, says charity – BBC News
“Police in England and Wales have taken DNA samples from children every 10 minutes, figures obtained using freedom of information requests suggest.”
BBC News, 20th May 2013
Source: www.bbc.co.uk
Command Papers – official-documents.gov.uk
Multiple Derivative Actions in Company Law – Can You Or Can’t You? – New Square Chambers
“It has long been recognised in English law that as an exception to the rule in Foss v Harbottle a member of a company may bring an action on its behalf against wrongdoers who exert control over the company and who are preventing it from enforcing its rights, i.e. the single derivative action. A multiple derivative action potentially arises where the proposed claimant is not a member of the wronged company but is a member of the ultimate holding company. Since the coming into force of the Companies Act 2006, there has been considerable debate as to whether that legislation removed the common law double derivative action or even, in some quarters, whether such a common law action ever existed.”
Full story (Word)
New Square Chambers, 17th May 2013
Source: www.newsquarechambers.co.uk
Recent Statutory Instruments – legislation.gov.uk
The CRC Energy Efficiency Scheme Order 2013
The G8 Summit (Immunities and Privileges) Order 2013
The Social Security (Contributions) (Amendment No. 2) Regulations 2013
The Welfare Reform Act 2012 (Consequential Amendments) Regulations 2013
The Fire and Rescue Services (Appointment of Inspector) (England) Order 2013
The Financial Conglomerates and Other Financial Groups (Amendment) Regulations 2013
Source: www.legislation.gov.uk
Workfare and the First-tier Tribunal – Panopticon
“Employment programmes for welfare recipients – often referred to as ‘workfare’ – are highly controversial. In Department for Work and Pensions v Information Commissioner and Zola (EA/2012/0207,0232 and 0233), the First-tier Tribunal considered three FOIA requests for information about companies participating in such programmes. The Tribunal ordered disclosure, rejecting the Department’s reliance on the exemptions in FOIA section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effect conduct of public affairs).”
Panopticon, 20th May 2013
Source: www.panopticonblog.com
Arrested suspects should retain anonymity, police told – BBC News
“Police in England and Wales should not name arrested people until they are charged except in ‘clearly identified circumstances’ such as when there is a threat to life, new guidance says.”
BBC News, 20th May 2013
Source: www.bbc.co.uk
Judge to rule if man can refuse help for cancer – Daily Telegraph
“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”
Daily Telegraph, 20th May 2013
Source: www.telegraph.co.uk
Fresh evidence challenges ‘Angel of Death’ nurse Colin Norris’s conviction – The Guardian
“Fresh medical and scientific evidence is being published this week that campaigners hope will lead to the release of Colin Norris, the former nurse and so-called ‘Angel of Death’ serving life for the murder or attempted murder of five elderly women.”
The Guardian, 20th May 2013
Source: www.guardian.co.uk
Retired priest jailed over sex attacks at children’s home – The Guardian
“A retired Church of England priest found guilty of a catalogue of historic sex attacks on children at a Barnardo’s home has been jailed for 10 years.”
The Guardian, 20th May 2013
Source: www.guardian.co.uk
Disclaimers and discretionary vesting orders – A piercing reminder – 11 Stone Buildings
LexisNexis asked David Nicholls to consider the court’s discretion to make a vesting order in light of the recent case Hunt and another v Conwy County Borough Council [2013] All ER (D) 101 (May) in the Chancery Division.”
Full story (PDF)
11 Stone Buildings, 15th May 2013
Source: www.11sb.com
Derby fire deaths: Paul Mosley to appeal over jail term – BBC News
“Paul Mosley, jailed for his part in the deaths of six children in a house fire, is to appeal against the length of his jail term, his legal team has said.”
BBC News, 20th May 2013
Source: www.bbc.co.uk
Paranoid woman begs court to let her abort baby she gave up pills to protect – The Independent
“A pregnant woman suffering from ‘severe’ mental health problems has made an impassioned plea to a High Court judge, asking that she be granted an abortion.”
The Independent, 20th May 2013
Source: www.independent.co.uk
Committal Applications in financial remedy proceedings: when, how and why to make one – Zenith Chambers
“An order made in family proceedings for the payment of money can be enforced by judgement summons, and, if the statutory criteria are satisfied, an order made committing the judgement debtor to prison for up to 6 weeks. Given that in all likelihood only half of this time will be served, and that the time served doesn’t actually produce any cash for the creditor, the obvious question for the person seeking to
enforce the order is ‘what is the point?’. In fact, the Court of Appeal said as much in the case of Mubarak in 2000; ‘I doubt whether experienced specialist practitioners will think that it has sufficient value for money to be worth its initiation.'”
Full story (PDF)
Zenith Chambers, 16th May 2013
Source: www.zenithchambers.co.uk
Public fear legal aid cuts will lead to wrongful convictions, poll finds – The Guardian
“More than 70% of the public fear that further cuts to legal aid could result in innocent people being convicted of crimes they did not commit, according to an opinion poll released by the Bar Council.”
The Guardian, 21st May 2013
Source: www.guardian.co.uk
Myths and Realities about Equal Marriage – UK Human Rights Blog
“The Marriage (Same Sex Couples) Bill is back before Parliament today for the ‘Report Stage’. The latest version of the Bill is here, updated explanatory notes here, and the full list of proposed amendments here. Predictably, the amendments are the focus of much controversy.”
UK Human Rights Blog, 20th May 2013
Source: www.ukhumanrightsblog.com
