Caste discrimination should be outlawed, say Lords – The Guardian
“The House of Lords voted on Monday to outlaw discrimination against people on the basis of their caste.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
QB Master warns of “blood on the floor” after 1 April – Litigation Futures
“The Jackson reforms will leave ‘blood on the floor’ and a lack of resources behind the reforms will leave courts and judges ‘overwhelmed’ by the extra workload, Master Cook of the Queen’s Bench Division has predicted.”
Litigation Futures, 5th March 2013
Source: www.litigationfutures.com
PPI complaints rise ‘unprecedented’, says ombudsman – BBC News
“The financial ombudsman service is taking on 2,000 new cases a day following payment protection insurance (PPI) complaints, with numbers rising at “unprecedented” rates.”
BBC News, 4th March 2013
Source: www.bbc.co.uk
Secret court hearing plans pushed through by government – The Guardian
“The government pushed through its plans for secret court hearings on Monday night, defeating amendments tabled by the Labour frontbench with significant majorities.”
The Guardian, 4th March 2013
Source: www.guardian.co.uk
Voyeur Reverend Richard Lee walks free from court over indecent pictures of girls and woman – The Independent
“A Church of England vicar has walked free from court after admitting using secret cameras to spy on and film intimate pictures of three girls and a woman.”
The Independent, 4th March 2013
Source: www.independent.co.uk
Children’s rights cited in legal challenge launched against ‘bedroom tax’ – The Guardian
“A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government’s so-called ‘spare bedroom tax’, which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Aladeselu & Ors v Secretary of State for the Home Department [2013] EWCA Civ 144 (01 March 2013)
Aintree University Hospitals NHS Foundation Trust v James & Ors [2013] EWCA Civ 65 (01 March 2013)
Perry v The Nursing and Midwifery Council [2013] EWCA Civ 145 (28 February 2013)
Waterson v Lloyd MP & Anor [2013] EWCA Civ 136 (28 February 2013)
High Court (Queen’s Bench Division)
VFS Financial Services Ltd v JF Plant Tyres Ltd [2013] EWHC 346 (QB) (26 February 2013)
Boyle v The Commissioner of Police of the Metropolis [2013] EWHC 395 (QB) (28 February 2013)
Furnell v Flaherty (t/a Godstone Farm) [2013] EWHC 377 (QB) (27 February 2013)
High Court (Chancery Division)
89 Holland Park (Management) Ltd & Ors v Hicks [2013] EWHC 391 (Ch) (27 February 2013)
EMI Records Ltd & Ors v British Sky Broadcasting Ltd & Ors [2013] EWHC 379 (Ch) (28 February 2013)
High Court (Administrative Court)
EAT, R (on the application of) v London Borough of Newham [2013] EWHC 344 (Admin) (28 February 2013)
Caetano v Commissioner of Police of the Metropolis [2013] EWHC 375 (Admin) (28 February 2013)
High Court (Technology and Construction Court)
Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC) (27 February 2013)
Geophysical Service Centre Co v Dowell Schlumberger (ME) Inc [2013] EWHC 147 (TCC) (18 January 2013)
Berry Piling Systems Ltd v Sheer Projects Ltd [2013] EWHC 347 (TCC) (28 February 2013)
Source: www.bailii.org
Gordon Brown’s PCC complaint against Sunday Times rejected – the Guardian
“Gordon Brown’s complaint to the Press Complaints Commission over a Sunday Times story about the more than £2m in fees and expenses received since he stepped down as prime minister has been rejected.”
The Guardian, 4th March 2013
Source: www.guardian.co.uk
Nicola Edgington jailed for 37 years for street decapitation, as report blames police blunders for attack – The Independent
“A woman who decapitated a stranger in the street was jailed for at least 37 years today.”
The Independent, 4th March 2013
Source: www.independent.co.uk
“Can’t We Make the Local Authority Pay for It?” – Family Law Week
“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”
Family Law Week, 2nd March 2013
Source: www.familylawweek.co.uk
Revisions to the codes of practice for skilled migrant workers – UK Border Agency
“Today [1 March], the UK Border Agency is publishing a statement of intent, to help employers prepare for changes to the points-based system.
The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April.”
UK Border Agency, 1st March 2013
Source: www.ukba.homeoffice.gov.uk
Vernon Bogdanor – What Place for the Referendum in the UK? – UCL Constitutional Unit
“The referendum is an instrument of popular sovereignty, an institutional expression of the doctrine that political sovereignty derives from the people. In Britain, it has been used on a small range of issues, primarily to secure legitimacy. Some matters, especially those which involve a transfer of sovereignty, are so fundamental that the public may not accept a decision made by parliament alone as legitimate. In the 1970s, it has been suggested, Edward Heath took the British establishment into Europe, but it was left to Harold Wilson to bring the British people into Europe. Today, the establishment continues to favour membership, the people do not. That is the basic case for an `in-out’ referendum.”
UCL Constitution Unit, 1st March 2013
Source: www.ucl.ac.uk/constitution-unit
Ending the postcode lottery for inquests – Ministry of Justice
“Supporting bereaved families during an inquest will be at the heart of the new coroner system in England and Wales, Justice Minister Helen Grant said today.”
Ministry of Justice, 1st March 2013
Source: www.justice.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Regional Strategy for the South East (Partial Revocation) Order 2013
The Value Added Tax (Reduced Rate) (Cable-Suspended Passenger Transport Systems) Order 2013
The Payment to Treasury of Penalties Regulations 2013
The Central Rating List (England) (Amendment) Regulations 2013
The Export Control (Amendment) Order 2013
The Financial Services Act 2012 (Commencement No. 2) Order 2013
European Union (Approvals) Act 2013
Mental Health (Discrimination) Act 2013
The Civil Legal Aid (Remuneration) Regulations 2013
The Child Poverty Act 2010 (Extension of Publication Deadline) Order 2013
Source: www.legislation.gov.uk
Improving inquests – Ministry of Justice
“Supporting bereaved families during an inquest will be at the heart of the new coroner system.”
Ministry of Justice, 1st March 2013
Source: www.justice.gov.uk
Perry v Nursing and Midwifery Council – WLR Daily
Perry v Nursing and Midwifery Council [2013] EWCA Civ 145; [2013] WLR (D) 88
“Fairness did not require that a respondent to an allegation of unfitness to practise his profession had to be given an opportunity to give evidence as to the substance of that allegation before a tribunal considering whether to make an interim suspension order or other interim order under a legislative scheme, such as that contained in the Nursing and Midwifery Order 2001, since that was not what the statutory scheme envisaged or what fairness required at the interim stage. Guidance was given as to the procedure to be followed by a committee, considering whether to make an interim order pending the substantive hearing of a complaint against a member of the profession, in order to satisfy the fairness requirement.”
WLR Daily, 28th February 2013
Source: www.iclr.co.uk
Kenny v Minister for Justice, Equality and Law Reform – WLR Daily
Kenny v Minister for Justice, Equality and Law Reform (Case C-427/11); [2013] WLR (D) 87
“In the light of article 141 EC and Council Directive 75/117/EEC (relating to the application of the principle of equal pay for men and women meant, in relation to indirect pay discrimination), it was for the employer to establish objective justification for the difference in pay between workers who considered that they had been indirectly discriminated against and the comparators. The employer’s justification for the difference in pay had to relate to the comparators. The interests of good industrial relations might be taken into consideration by the national court as one factor among others in its assessment of whether differences between the pay of two groups of workers were due to objective factors unrelated to any discrimination on grounds of sex and are compatible with the principle of proportionality.”
WLR Daily, 28th February 2013
Source: www.iclr.co.uk
EMI Records Ltd and others v British Sky Broadcasting Ltd and others – WLR Daily
“The act of communication to the public for the purposes of article 3(1) of Parliament and Council Directive 2001/29/EC and section 20 of the Copyright, Designs and Patents Act 1988 occurred both where the communication originated and where it was received.”
WLR Daily, 28th February 2013
Source: www.iclr.co.uk
Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily
“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”
WLR Daily, 27th February 2013
Source: www.iclr.co.uk
Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”
WLR Daily, 27th February 2013
Source: www.iclr.co.uk
