BAILII: Recent Decisions

Posted March 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Dickinson & Ors v Tesco Plc & Ors [2013] EWCA Civ 226 (19 March 2013)

High Court (Chancery Division)

Apex Global Management Ltd v Fi Call Ltd& Ors [2013] EWHC 587 (Ch) (19 March 2013)

Source: www.bailii.org

Regina (Nouazli) v Secretary of State for the Home Department – WLR Daily

Posted March 20th, 2013 in deportation, detention, EC law, families, immigration, law reports by sally

Regina (Nouazli) v Secretary of State for the Home Department: [2013] EWHC 567 (Admin);   [2013] WLR (D)  109

“The immigration detention of a third country national family member of an European Union national pending removal following a conviction from the host member state, pursuant to regulation 24(1) of the Immigration (European Economic Area) Regulations 2006, fell within the scope of EU law so as to afford the detained third country national protective rights under EU law. Regulation 24(1) was compatible with EU law, and detention thereunder pending a decision to deport not prohibited, provided the conditions in article 27(1) and (2) of the Parliament and Council Directive 2004/38/EC were satisfied.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted March 20th, 2013 in parliamentary papers by sally

Post-legislative memorandum: European Communities (Finance) Act 2008
Cm 8581 (PDF)

Source: www.official-documents.gov.uk

What will happen to human rights after the next election? – UK Human Rights Blog

Posted March 20th, 2013 in elections, human rights, immigration, news, prisons, speeches by sally

“Human rights will be a politically live issue at the next election. Leading on the issue will by the Conservative Party, urged on by elements in the media such as the Daily Mail with a commercial interest in resistance to any law on privacy deriving from human rights. So, the Working Men’s College has done well to identify this topic for exploration. This evening is a celebration of the college’s stated aim to ‘engage positively with the past, while finding new ways to pursue its founders’ aims into the 21st century.’ ”

Full story

UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

Privacy, Protests and Policing – Panopticon

“In Catt v ACPO and others; T v Commissioner of Police of the Metropolis and another [2013] EWCA Civ 192, the Court of Appeal considered two appeals regarding the powers of the police to collect and retain personal information about members of the public. Both cases turned on the application of Article 8 of the Convention; in both, the Court held that there had been an interference with the Article 8(1) right to respect for private life, and that the interference was not justified under Article 8(2).”

Full story

Panopticon, 20th March 2013

Source: www.panopticonblog.com

Police community support officer guilty of sex charges – The Guardian

“A police community support officer was jailed for seven years on Tuesday for repeatedly targeting vulnerable women for sex while on duty.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Supreme court rules it can examine secret judgements by lower courts – The Guardian

Posted March 20th, 2013 in closed material, evidence, news, private hearings, Supreme Court by sally

“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Cold-calling firm fined £90,000 in first penalty of its kind – Daily Telegraph

Posted March 20th, 2013 in fines, harassment, news, telecommunications by sally

“A marketing firm has become the first to be fined £90,000 after plaguing members
of the public with thousands of unwanted calls.”

Full story

Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

Press regulation: publishers may have grounds for legal challenge – The Guardian

“Newspapers likely to take action over regulations that will require huge payouts when stories are wrong.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Equal pay in City law: is there a light at the end of the tunnel? – The Guardian

Posted March 20th, 2013 in equal pay, equality, legal profession, news, women by sally

“We urgently need up to date research on gender and equality pay within the legal sector, say LSB.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk

Police overhaul of missing persons cases ‘could put children at risk’ – Daily Telegraph

Posted March 20th, 2013 in care homes, children, missing persons, news, police by sally

“An overhaul of how police deal with missing people could put vulnerable children
at risk of being groomed and sexually exploited, the NSPCC has said.”

Full story

Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

Police hid files on celebrity suspects – Daily Telegraph

Posted March 20th, 2013 in child abuse, investigatory powers, media, news, police, sexual offences by sally

“Hundreds of police files on celebrities and politicians accused of sex assault
were so heavily protected that even officers investigating claims could not
access them.”

Full story

Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

MPs warn of £42.8m data protection shortfall – BBC News

Posted March 20th, 2013 in budgets, data protection, EC law, news by sally

“England’s Information Commissioner’s Office could be facing a £42.8m shortfall
that may have to be paid for by the taxpayer, MPs has warned.”

Full story

BBC News, 20th March 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2013 in legislation by sally

The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013

The Misuse of Drugs (Amendment No. 2) (England, Wales and Scotland) Regulations 2013

The Misuse of Drugs (Designation) (Amendment No. 2) (England, Wales and Scotland) Order 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) (Amendment) Regulations 2013

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2013

The Immigration and Nationality (Cost Recovery Fees) Regulations 2013

The Criminal Justice and Immigration Act 2008 (Commencement No. 15) Order 2013

The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013

The Social Security Benefits Up-rating Order 2013

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2013

Source: www.legislation.gov.uk

Payday lender shut down by OFT over identity fraud – The Guardian

Posted March 19th, 2013 in consumer credit, identity fraud, loans, news by sally

“Payday lender MCO Capital has been shut down by the Office of Fair Trading, after it failed to stop fraudsters taking out loans using more than 7,000 stolen identities.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Hacker jailed for bid to steal carbon credits from UN – Daily Telegraph

Posted March 19th, 2013 in carbon dioxide emissions, computer crime, news, sentencing, United Nations by sally

“A cyber-criminal nicknamed the ‘Black Dragon’, who masterminded an audacious
attempt to hack into the United Nations computer systems to steal £6.5m worth of
carbon credits, was jailed for three-and-a-half years yesterday.”

Full story

Daily Telegraph, 19th March 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted March 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Rothschild v Associated Newspapers Ltd [2013] EWCA Civ 197 (19 March 2013)

Taylor v A. Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)

Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)

Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (t/a Medirest) [2013] EWCA Civ 200 (15 March 2013)

Court of Appeal (Criminal division)

F, R. v [2013] EWCA Crim R1 (14 March 2013)

High Court (Chancery Division)

Aveda Corporation v Dabur India Ltd [2013] EWHC 589 (Ch) (18 March 2013)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 583 (Ch) (18 March 2013)

Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors [2013] EWHC 588 (Ch) (18 March 2013)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2013] EWHC 510 (Comm) (19 March 2013)

Source: www.bailii.org

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by sally

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 19th, 2013 in appeals, damages, HM Revenue & Customs, law reports, parking, VAT by sally

Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186;   [2013] WLR (D)  105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by sally

Leth v Republic of Austria: (Case C-420/11);   [2013] WLR (D)  106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk