Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council – WLR Daily

Posted February 7th, 2013 in care homes, elderly, fees, judicial review, law reports, local government, news by sally

Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44

“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Regina v B (M) – WLR Daily

Posted February 7th, 2013 in appeals, consent, law reports, mental health, rape by sally

Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43

“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”

WLR Daily, 31st February 2013

Source: www.iclr.co.uk

Twentieth Century Fox Film Corpn and others v Harris and others – WLR Daily

Posted February 7th, 2013 in copyright, injunctions, law reports, media by sally

Twentieth Century Fox Film Corpn and others v Harris and others [2013] EWHC 159 (Ch); [2013] WLR (D) 42

“A copyright owner did not have a proprietary claim to money derived from infringement of the copyright.”

WLR Daily, February 2013

Source: www.iclr.co.uk

VTB Capital plc v Nutritek and others – WLR Daily

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) – WLR Daily

Posted February 7th, 2013 in contracts, enforcement, landlord & tenant, law reports, leases, third parties by sally

Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40

“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”

WLR Daily, February 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 7th, 2013 in news by sally

The Misuse of Drugs (Designation) (Amendment) (England, Wales and Scotland) Order 2013

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2013

The Olympic Lottery Distributor (Dissolution) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 7th, 2013 in law reports by sally

Supreme Court

VTB Capital Plc v Nutritek International Corp & Ors [2013] UKSC 5 (6 February 2013)

O’Brien v Ministry of Justice [2013] UKSC 6 (6 February 2013)

Court of Appeal (Criminal Division)

Adeojo & Anor v R. [2013] EWCA Crim 41 (06 February 2013)

Court of Appeal (Civil Division)

Templeton Insurance Ltd v Thomas & Anor [2013] EWCA Civ 35 (05 February 2013)

Football Dataco Ltd & Ors v Stan James Plc & Ors [2013] EWCA Civ 27 (06 February 2013)

International Energy Group Ltd v Zurich Insurance Plc UK Branch [2013] EWCA Civ 39 (06 February 2013)

Wilkinson & Ors v Kerdene Ltd [2013] EWCA Civ 44 (06 February 2013)

Abdullah v Secretary of State for the Home Department [2013] EWCA Civ 42 (06 February 2013)

High Court (Queen’s Bench Division)

Montpellier Estates Ltd v Leeds City Council [2013] EWHC 166 (QB) (06 February 2013)

High Court (Administrative Court)

Kwao v University of Keele [2013] EWHC 56 (Admin) (24 January 2013)

Sandiford, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWHC 168 (Admin) (04 February 2013)

Burger v Office of the Independent Adjudicator for Higher Education [2013] EWHC 172 (Admin) (06 February 2013)

Winchester City Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 101 (Admin) (01 February 2013)

AT & Ors, R (on the application of) v London Borough of Islington [2013] EWHC 107 (Admin) (01 February 2013)

Scholten, R (on the application of) v General Medical Council [2013] EWHC 173 (Admin) (06 February 2013)

High Court (Commercial Court)

Cadogan Maritime Inc v Turner Shipping Inc [2013] EWHC 138 (Comm) (05 February 2013)

Lehman Brothers Bankhaus AG I. Ins v CMA CGM [2013] EWHC 171 (Comm) (06 February 2013)

Source: www.bailli.org

Personal data: it’s all in the name – Panopticon

Posted February 7th, 2013 in data protection, freedom of information, news, tribunals by sally

“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”

Full story

Panopticon, 7th February 2013

Source: www.panopticonblog.com

Victorian child neglect laws in ‘urgent’ need of overhaul, warns Baroness Butler-Sloss – Daily Telegraph

Posted February 7th, 2013 in child neglect, judges, legislation, mental health, news by sally

“The current laws on child neglect are not fit for the 21st Century and in ‘urgent’ need of reform, Britain’s most senior authority on family law warns today.”

Full story

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Related link: The criminal law and child neglect: an independent analysis and proposal for reform (PDF)

EU crime and justice measures of ‘real importance’ says Starmer – Law Society’s Gazette

Posted February 7th, 2013 in crime, EC law, international law, news, select committees, treaties, warrants by sally

“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”

Full story

Law Society’s Gazette, 6th February 2013

Source: www.lawgazette.co.uk

All dogs in England to be microchipped by 2016 – The Guardian

Posted February 7th, 2013 in dogs, electronic monitoring, fines, news by sally

“All dogs in England will, from April 2016, have to be microchipped as part of a government attempt to cut the number of strays and make pet owners more responsible for their animals.”

Full story

The Guardian, 6th February 2013

Source: www.guardian.co.uk

Dale Cregan trial: Prosecution prepare to open case – Daily Telegraph

Posted February 7th, 2013 in murder, news, police, trials by sally

“The trial of a man accused of murdering two female police officers is expected to get under way today amid one of the tightest security operations ever mounted for a British court case.”

Full story

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Many sex crimes by children ‘missed’ – BBC News

Posted February 7th, 2013 in children, news, reports, sexual offences, social services by sally

“Some social workers, teachers and police fail to tackle sexual offending by children and teenagers because they miss signs of inappropriate behaviour, according to a report.”

Full story

BBC News, 7th February 2013

Source: www.bbc.co.uk

‘Trial by Google’ a risk to jury system, says attorney general – The Guardian

Posted February 7th, 2013 in crime, internet, juries, malicious communications, news, trials by sally

“‘Trial by Google’ threatens to undermine the integrity of the British jury system and ‘offends the principle of open justice’, according to the attorney general, Dominic Grieve QC.”

Full story

The Guardian, 6th February 2013

Source: www.guardian.co.uk

Classifieds

Posted February 6th, 2013 in news by sally

Recently added:

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) – Supreme Court

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) [2013] UKSC 6 | UKSC 2012/0168 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Mid Staffs Inquiry report: Human rights abuses need human rights solutions – UK Human Rights Blog

Posted February 6th, 2013 in hospitals, human rights, inquiries, medical treatment, news, whistleblowers by sally

“Hundreds of people have died; others have been starved, dehydrated and left in appalling conditions of indignity, witnessed by their loved ones. Surely this is what Chris Grayling, Justice Secretary, had in mind when he recently cautioned to need to ‘concentrate on real human rights’?”

Full story

UK Human Rights Blog, 6th February 2013

Source: www.ukhumanrightsblog.com

Libor scandal: RBS fined £390m – BBC News

Posted February 6th, 2013 in banking, fines, interest, news, professional conduct by sally

“Royal Bank of Scotland (RBS) has been fined £390m ($610m) by UK and US authorities for its part in the Libor rate-fixing scandal.”

Full story

BBC News, 6th February 2013

Source: www.bbc.co.uk