Children: Private Law Update – Family Law Week
“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”
Family Law Week, 13th February 2013
Source: www.familylawweek.com
Postman jailed for burying 30,000 letters in garden – Daily Telegraph
“A postman has been jailed for destroying almost 30,000 letters he should have pushed through letterboxes.”
Daily Telegraph, 18th February 2013
Source: www.telegraph.co.uk
Sale of personal gene data condemned as ‘unethical and dangerous’ – The Guardian
“Private firms will soon be able to buy people’s medical and genetic data without their consent and, in certain cases, acquire personal information that might enable them to identify individuals.”
The Guardian, 17th February 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dizaei v R. [2013] EWCA Crim 88 (14 February 2013)
Court of Appeal (Civil Division)
Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69 (14 February 2013)
Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)
Niekrash v South London Healthcare NHS Trust [2013] EWCA Civ 64 (14 February 2013)
Moore v British Waterways Board [2013] EWCA Civ 73 (14 February 2013)
Weavering Capital (UK) Ltd & Ors v Dabhia & Anor [2013] EWCA Civ 71 (15 February 2013)
High Court (Chancery Division)
Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 174 (Ch) (14 February 2013)
Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch) (15 February 2013)
Source: www.bailii.org
Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph
“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”
Daily Telegraph, 15th February 2013
Source: www.telegraph.co.uk
Triumph for canal boat litigant in person – UK Human Rights Blog
“A boat owner has won his appeal against the British Waterways Board preventing him from mooring his boats alongside his land on a tidal stretch of the Grand Canal. Although he had no common law right to permanently moor the boats, he had committed no actionable wrong in doing so, and they were therefore not moored ‘without lawful authority’ within the meaning of the British Waterways Act 1983. This judgment is an interesting and important endorsement of the principle in English law that everything is permitted except what is expressly forbidden.”
UK Human Rights Blog, 15th February 2013
Source: www.ukhumanrightsblog.com
An overdue inquiry into the working of the Abortion Act – Halsbury’s Law Exchange
“Whatever your view of abortion, there are too many abortions, and too many of them are too late. Even abortion’s fiercest advocates do not pretend that it is a good thing – just the lesser of two evils.”
Halsbury’s Law Exchange, 15th February 2013
Source: www.halsburyslawexchange.co.uk
Probation union says privatising service will put public at risk – The Guardian
“Probation officers are warning that the public will be at greater risk if the government presses ahead with plans to privatise the supervision of offenders.”
The Guardian, 17th February 2013
Source: www.guardian.co.uk
Insolvency of software sub-licensor did not end firm’s rights of use under that licence, rules High Court – OUT-LAW.com
“Businesses can retain the right to use copyrighted software under sub-licences awarded by head-licensees in circumstances where those head-licensees are subject of a termination or become insolvent, the High Court has said.”
OUT-LAW.com, 15th February 2013
Source: www.out-law.com
Whistleblowing laws to be overhauled as new claims emerge over NHS trust – The Guardian
“Whistleblowing legislation is to be overhauled and a government consultation held to investigate whether the Public Interest Disclosure Act (Pida) 1998 is failing to protect those who speak out from being victimised, harassed and even sacked by their employers.”
The Guardian, 15th February 2013
Source: www.guardian.co.uk
Judge blocks sterilisation of Down’s Syndrome woman – Daily Telegraph
“The parents of a ‘tactile’ and ‘affectionate’ woman with Down’s syndrome have been forbidden from having her sterilised to ally their fears that she might become pregnant.”
Daily Telegraph, 16th February 2013
Source: www.telegraph.co.uk
UK Border Agency defies MPs over deportation ‘reserves’ – The Guardian
“The UK Border Agency is under attack for ignoring demands from a cross-party Commons committee and the chief inspector of prisons to stop its ‘inhumane’ treatment of some deportees.”
The Guardian, 16th February 2013
Source: www.guardian.co.uk
New CPR to be amended next month, rule committee chief reveals – Litigation Futures
“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”
Litigation Futures, 18th February 2013
Source: www.litigationfutures.com
Criminal Cases Review Commission – better the devil you know? – Halsbury’s Law Exchange
Eddie Gilfoyle’s case is one of a relatively small number of alleged miscarriages of justice that stubbornly refuse to go away. On 4 June 1992, his wife, Paula Gilfoyle, was found, eight and a half months pregnant, hanging from a rope tied to a roof beam in the garage. For the last 20 years Mr Gilfoyle has protested his innocence, arguing that Paula’s death was a tragic suicide. The prosecution argument was that expectant mothers don’t kill themselves, especially bubbly young women with everything to live for.
Halsbury’s Law Exchange, 15th February 2013
Source: www.halsburyslawexchange.co.uk
What a tangled web… – NearlyLegal
“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”
NearlyLegal, 17th February 2013
Source: www.nearlylegal.co.uk
Supreme Court upholds FSA’s power to regulate extended warranties – OUT-LAW.com
“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”
OUT-LAW.com, 15th February 2013
Source: www.out-law.com
Police consider bringing criminal charges against Stafford hospital staff – The Guardian
“Police and prosecutors are studying a damning report into ‘appalling’ failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.”
The Guardian, 15th February 2013
Source: www.guardian.co.uk
Can Google be sued for the content of blogs on its platform? – UK Human Rights Blog
“The Court of Appeal has ruled that in principle, an internet service provider that allowed defamatory material to remain on a blog hosted on its platform after it had been notified of a complaint might be a ‘publisher’ of this material, although in this case the probable damage to the complainant’s reputation over a short period was so trivial that libel proceedings could not be justified.”
UK Human Rights Blog, 17th February 2013
Source: www.ukhumanrightsblog.com
Theresa May attacks judges over deportation rules – The Guardian
“The home secretary, Theresa May, has accused judges of ‘subverting’ British democracy and making the streets of Britain more dangerous by ignoring rules aimed at deporting more foreign criminals.”
The Guardian,
Source: www.guardian.co.uk
