Mother calls for law change after Surrey coach crash ruling – The Guardian
“Accident that led to deaths of three people caused by ‘catastrophic failure’ in a 20-year-old tyre, coroner rules.”
The Guardian, 16th July 2013
Source: www.guardian.co.uk
Theresa May considers ‘second-tier’ banning orders – The Guardian
“Ministers are ‘actively considering’ a second-tier banning order that would outlaw groups that are not outright terrorist organisations but promote extremism and hatred on the streets, the home secretary, Theresa May, has confirmed.”
The Guardian, 16th July 2013
Source: www.guardian.co.uk
Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily
“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
Regina v Turbill; Regina v Broadway – WLR Daily
Regina v Turbill; Regina v Broadway [2013] WLR (D) 279
“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”
WLR Daily, 12th July 2013
Source: www.iclr.co.uk
Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale – WLR Daily
“On the proper interpretation of article 2(2)(f) of Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market, the exclusion of healthcare services from the scope of the Directive covered any activity intended to assess, maintain or restore the state of health of patients, where that activity was carried out by healthcare professionals recognised as such by the member state concerned, regardless of the ways in which the facilities in which that care was provided were organised and financed or whether they were public or private. On the proper interpretation of article 2(2)(j) the exclusion of social services from the scope of that Directive included any activity relating, inter alia, to the care and assistance of elderly persons, where that activity was carried out by a private service provider which has been mandated by the state by means of an act conferring, in a clear and transparent manner, a genuine obligation to provide such services under specific conditions.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
R. v Starr [2013] EWCA Crim 1179 (14 June 2013)
McGrath [2013] EWCA Crim 1261 (12 July 2013)
Court of Appeal (Civil Division)
Mayes v Knowles [2013] EWCA Civ 834 (12 July 2013)
Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963 (11 July 2013)
Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)
AA-R (Iran) v Secretary of State for the Home Department [2013] EWCA Civ 835 (12 July 2013)
Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)
High Court (Queen’s Bench Division)
Nulty & Anor v Milton Keynes Borough Council [2012] EWHC 730 (QB) (03 February 2012)
High Court (Chancery Division)
Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)
High Court (Administrative Court)
Ragul & Anor v The Government of Azerbaijan [2013] EWHC 2000 (Admin) (12 July 2013)
Zpevak v Regional Court of Brno Czech Republic [2013] EWHC 1257 (Admin) (08 May 2013)
General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)
Sultan v The General Medical Council [2013] EWHC 1518 (Admin) (14 May 2013)
UK Uncut Legal Action Ltd v HM Revenue and Customs & Anor [2013] EWHC 1283 (Admin) (16 May 2013)
Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)
Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)
Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)
Zielinski v Regional Court In Poznan Poland [2013] EWHC 1511 (Admin) (15 May 2013)
Pacia v Judicial Authority of Poland [2013] EWHC 1520 (Admin) (08 May 2013)
Brazuks v General Office of the Republic of Latvia [2013] EWHC 1527 (Admin) (13 May 2013)
Waszkiewicz v District Court of Poznan, Poland [2013] EWHC 1614 (Admin) (10 May 2013)
Ogbonna-Jacob v Nursing and Midwifery Council [2013] EWHC 1595 (Admin) (16 May 2013)
Presecan v Cluj-Napoca Court, Romania [2013] EWHC 1609 (Admin) (22 May 2013)
Source: www.bailii.org
Bar Council: Parliament must have chance to scrutinise EU justice opt out – The Bar Council
“The Bar Council, which represents barristers in England and Wales, has called on the Government to allow Parliament to scrutinise its intention to opt-out of more than 130 EU criminal justice measures properly. This comes as a Motion to Approve the opt-out has been scheduled for Monday 15 July, rather than full parliamentary scrutiny.”
The Bar Council, 12th July 2013
Source: www.barcouncil.org.uk
Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court
Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)
Supreme Court, 10th July 2013
Source: www.supremecourt.gov.uk
Courts could force directors to compensate creditors, under Government plans – OUT-LAW.com
“Courts could be given the power to order disqualified company directors to compensate creditors who have lost money as a result of their actions, under plans being considered by the Government.”
OUT-LAW.com, 16th July 2013
Source: www.out-law.com
Paedophile freed and not banned from Facebook despite using it to groom victims – Daily Telegraph
“A judge has allowed a paedophile to walk free from court and continue using Facebook for the second time despite him repeatedly accessing the site to groom children.”
Daily Telegraph, 15th July 2013
Source: www.telegraph.co.uk
No witness immunity for the Forensic Science Service – UK Human Rights Blog
“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”
UK Human Rights Blog, 15th July 2013
Source: www.ukhumanrightsblog.com
Robert Hazell: The Royal baby, the Rules of Succession, and the Realms – UK Constitutional Law Group
“In anticipation of the birth of the Royal baby, Parliament passed the Succession to the Crown Act in April 2013. It provides that in future the eldest child will be next in line of succession, whether it is a girl or a boy. The law will not come into force in time for the Royal birth, but the new baby when born will be next in line. This Blog post explains the background, and the difficulties involved in changing the rules of succession.”
UK Constitutional Law Group, 15th July 2013
Source: www.ukconstitutionallaw.org
NHS body fined £200,000 for data destruction failings – OUT-LAW.com
“An NHS body has been issued with a £200,000 fine for failing to ensure that sensitive medical information about thousands of patients were deleted from old computers that were sold online.”
OUT-LAW.com, 15th July 2013
Source: www.out-law.com
Fraud claim soldier David McIntyre to be extradited – BBC News
“A former soldier who said he would rather kill himself than face fraud allegations in the US has been told by the government he will be extradited.”
BBC News, 15th July 2013
Source: www.bbc.co.uk
Home Office may detain illegal entrant who appears to be over 18 – UK Human Rights Blog
“The Immigration Act 1971, Schedule 2, paragraph 16(2) (‘paragraph 16’) empowers the Home Secretary, acting through immigration officers, to detain a person if there is reasonable ground to suspect that he is liable to be removed as an illegal entrant to the United Kingdom. Section 55 of the Borders, Citizenship and Immigration Act 2009 (‘section 55’) imposes duties regarding the welfare of children on the Secretary of State and immigration officers in all immigration matters. The issue on this appeal was whether section 55 rendered the appellant’s detention for a period of 13 days unlawful, in circumstances in which the respondent acted in the mistaken but reasonable belief that the appellant was aged over 18.”
UK Human Rights Blog, 15th July 2013
Source: www.ukhumanrightsblog.com
Euromillions lottery win leaves woman suing colleagues – BBC News
“A mother-to-be is to sue her former workmates because she missed out on a Euromillions jackpot win when she was off work with morning sickness.”
BBC News, 15th July 2013
Source: www.bbc.co.uk
The impact of the revocation of the temporary stop notice regulations on Gypsies and Travellers: the road to nowhere – Garden Court Chambers Blog
“Marc Willers examines why changes to temporary stop notice provisions risk forcing Gypsies and Travellers onto the roadside.”
Garden Court Chambers Blog, 15th July 2013
Source: www.gclaw.wordpress.com
Gay marriage: Peers approve legislation – BBC News
“Same-sex marriage in England and Wales is a step closer to becoming law after the House of Lords approved the change.”
BBC News, 15th July 2013
Source: www.bbc.co.uk
Choice of Sir John Thomas as lord chief justice sees tradition prevail – The Guardian
“Non-selection of Lady Justice Hallett shows panel was not swayed by idea that it would be good to have a woman at the top.”
The Guardian, 15th July 2013
Source: www.guardian.co.uk
