Dave McLuckie jailed for dodging speeding points – BBC News
“A former police authority boss who persuaded a friend to accept his
speeding points to protect his career has been jailed for eight months.”
BBC News, 12th July 2013
Source: www.bbc.co.uk
Fresh concern raised over Taser safety after seventh death in 10 years – The Independent
“Fresh concerns have been raised over the safety of Tasers following the death of an ice cream man who was stunned while being restrained by police.”
The Independent, 11th July 2013
Source: www.independent.co.uk
Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily
Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818; [2013] WLR (D) 273
“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
Regina (Sturnham) v Parole Board and another (No 2) – WLR Daily
Regina (Sturnham) v Parole Board and another (No 2): [2013] UKSC 47; [2013] WLR (D) 274
“The statutory provisions relating to sentences of imprisonment for public protection involved a higher threshold for the imposition of such sentences than for continued detention after the expiry of a prisoner’s minimum term.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
Regina (AA) v Secretary of State for the Home Department – WLR Daily
Regina (AA) v Secretary of State for the Home Department: [2013] UKSC 49; [2013] WLR (D) 272
“The Home Secretary did not act unlawfully when she detained a 17-year-old illegal immigrant in the mistaken but reasonable belief that he was aged over 18.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
Urban I (Blonk Street) Ltd v Ayres and another – WLR Daily
Urban I (Blonk Street) Ltd v Ayres and another: [2013] EWCA Civ 816; [2013] WLR (D) 271
“Where, in the case of a time provision which was an innominate term, a completion notice had not been served on the contract-breaker, the other party only became entitled to terminate the contract thereafter if and when the delay was such as to go to the root of the contract, that was to say it deprived the other party of substantially the whole benefit which it was intended it should have under the contract.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
Black and another v Wilkinson – WLR Daily
Black and another v Wilkinson: [2013] EWCA Civ 820; [2013] WLR (D) 270
“The defendant, who ran a bed and breakfast business from her home, unlawfully discriminated against the claimant homosexual partners by refusing, on the basis of her religious beliefs, to provide them with the double bedroom one of them had booked, contrary to the Equality Act (Sexual Orientation) Regulations 2007.”
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
Belgian Electronic Sorting Technology NV v Peelaers and another – WLR Daily
Belgian Electronic Sorting Technology NV v Peelaers and another: (Case C-657/11); [2013] WLR (D) 275
“Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising, as amended, meant that the term ‘advertising’ covered the use of a domain name and that of metatags in a website’s metadata. By contrast, the registration of a domain name, as such, was not encompassed by that term.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
Court of Appeal allows new grounds of challenge to planning decisions beyond six week limit – Local Government Lawyer
“Challengers to planning permissions can substitute entirely new grounds of challenge beyond the end of the strict six week limit for bringing a claim, the Court of Appeal has ruled.”
Local Government Lawyer, 10th July 2013
Source: www.localgovernmentlawyer.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
In the matter of Property Professionals & Ltd [2013] EWHC 1903 (Ch) (08 July 2013)
Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch) (10 July 2013)
Evegate Publishing Ltd v Newsquest Media (Southern) Ltd [2013] EWHC 1975 (Ch) (10 July 2013)
Smithton Ltd v Naggar [2013] EWHC 1961 (Ch) (11 July 2013)
Mukerjee (Née Sen) & Anor v Sen & Ors [2013] EWHC 1997 (Ch) (11 July 2013)
Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)
High Court (Queen’s Bench)
Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)
Thompson v Starr & Ors [2013] EWHC 1972 (QB) (10 July 2013)
Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)
High Court (Administrative Court)
McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)
Adler v Crown Prosecution Service [2013] EWHC 1968 (Admin) (09 July 2013)
Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (Admin) (10 July 2013)
Government of the United States of America v Wood [2013] EWHC 1971 (Admin) (10 July 2013)
Miller v General Medical Council [2013] EWHC 1934 (Admin) (10 July 2013)
High Court (Family Division)
HB v PB [2013] EWHC 1956 (Fam) (09 July 2013)
High Court (Commercial Court)
NRE Coke Ltd & Anor v Coeclerici Asia (PTE) Ltd [2013] EWHC 1987 (Comm) (10 July 2013)
High Court (Patents Court)
Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2013] EWHC 1958 (Pat) (09 July 2013)
Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013)
Source: www.bailii.org
Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog
“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”
UK Human Rights Blog, 11th July 2013
Source: www.ukhumanrightsblog.com
Confidential pre-termination negotiations to come into force on 29 July – OUT-LAW.com
“Changes to the law that will allow employers to carry out certain negotiations
with employees in relation to termination without those conversations being
admissible in a future unfair dismissal claim will come into force on 29
July.”
OUT-LAW.com, 11th July 2013
Source: www.out-law.com
Judicial review of FTT in UT: what costs rule applies? – Education Law Blog
“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”
Education Law Blog, 9th July 2013
Source: www.education11kbw.com
UK plans for plain cigarette packaging to be shelved – The Guardian
“Ministers are to announce that they have decided to shelve plans to introduce legislation forcing cigarettes to be sold in plain packaging. In a written statement to MPs, the Department of Health will say that it wants more time to study the impact of a similar law in Australia before deciding to press ahead with standardised cigarette packaging in England.”
The Guardian, 12th July 2013
Source: www.guardian.co.uk
Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph
“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”
Daily Telegraph, 11th July 2013
Source: www.telegraph.co.uk
Confused bride exposes sham marriage plot after forgetting groom’s name – The Guardian
“A bogus couple whose sham marriage was scuppered after the bride could not remember the groom’s name have been jailed. Jayeola Abiola, 27, a Nigerian national, barely knew his would-be wife Vania Pinheiro-Fernandes, 29, from Portugal. They planned to walk down the aisle to the ballad The First Time Ever I Saw Your Face – a choice Hull crown court heard was ‘rather apt.’ ”
The Guardian, 11th July 2013
Source: www.guardian.co.uk
G4S faces criminal probe after overcharging taxpayer millions for electronic tags – Daily Telegraph
“G4S is facing a criminal investigation after it billed the taxpayer millions of pounds to electronically tag criminals who had died, left the country or gone back to jail.”
Daily Telegraph, 11th July 2013
Source: www.telegraph.co.uk
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Criminal Division)
Sheard v R [2013] EWCA Crim 1161 (10 July 2013)
Court of Appeal (Civil Division)
Black & Anor v Wilkinson [2013] EWCA Civ 820 (09 July 2013)
Tattersall v Tattersall [2013] EWCA Civ 774 (09 July 2013)
Mertrux Ltd v HM Revenue and Customs [2013] EWCA Civ 821 (09 July 2013)
Starks v Chief Constable of Hertfordshire [2013] EWCA Civ 782 (09 July 2013)
Urban I (Blonk Street) Ltd v Ayres & Anor [2013] EWCA Civ 816 (05 July 2013)
Global Torch Ltd v Apex Global Management Ltd & Ors [2013] EWCA Civ 819 (10 July 2013)
Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)
Lancaster City Council v Thomas Newall Ltd [2013] EWCA Civ 802 (11 July 2013)
CN, R (on the application of) v London Borough of Lewisham [2013] EWCA Civ 804 (11 July 2013)
ZH, R (on the application of) v London Borough of Newham [2013] EWCA Civ 805 (11 July 2013)
Merthyr Tydfil Car Auction Ltd v Thomas & Anor [2013] EWCA Civ 815 (11 July 2013)
Paratus Amc Ltd v Fosuhene [2013] EWCA Civ 827 (11 July 2013)
Source: www.bailii.org
