Estoppel and unconscionability – NearlyLegal

Posted November 12th, 2012 in estoppel, local government, news, rights of way, roads by sally

“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk

Police treatment of 17-year-old suspects challenged in high court – The Guardian

Posted November 12th, 2012 in detention, human rights, news, police, young persons by sally

“The treatment of 17-year-old suspects in police stations could be transformed if a legal challenge against the Home Office succeeds in overturning detention rules.”

Full story

The Guardian, 11th November 2012

Source: www.guardian.co.uk

Supreme Court to rule on a soldier’s right to life – The Independent

Posted November 12th, 2012 in armed forces, human rights, jurisdiction, news, Supreme Court by sally

“Whether a soldier on the battlefield has the right to life is to be debated by the highest court in the UK in a landmark case that is likely to have major ramifications for the armed forces, The Independent has learned.”

Full story

The Independent, 10th November 2012

Source: www.independent.co.uk

Abu Qatada awaits decision on deportation to Jordan – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk

LSB must go now, says Bar Council chief – Law Society’s Gazette

Posted November 12th, 2012 in Legal Services Board, news by sally

“The barristers’ profession cranked up its pressure on the Legal Services Board this weekend as the chair of the Bar Council called for the super regulator to be ‘disbanded’.”

Full story

Law Society’s Gazette, 12th November 2012

Source: www.lawgazette.co.uk

Press Complaints Commission chair urges against statutory press regulation – The Guardian

Posted November 12th, 2012 in interception, media, news, ombudsmen, regulations by sally

“The chairman of the Press Complaints Commission (PCC) has appealed to the government and Lord Justice Leveson not to introduce statutory regulation of the press, even though he admits having sympathy with the campaign for new press laws led by Hugh Grant.”

Full story

The Guardian, 11th November 2012

Source: www.guardian.co.uk

Supreme court urged to rule on Sikh leader’s claim he is a ‘holy saint’ – The Guardian

Posted November 12th, 2012 in admissibility, news, religious discrimination, Sikhism, succession, Supreme Court by sally

“The supreme court is considering whether it should rule on the spiritual status of a Sikh leader and examine his claim to be a ‘holy saint’.”

Full story

The Guardian, 11th November 2012

Source: www.guardian.co.uk

‘Homeless Legislation – a thing of the past?’ – NearlyLegal

Posted November 12th, 2012 in homelessness, housing, local government, news by sally

“Now that the Guardian has the story, I feel able to quote a briefing paper by Andy Gale of the DCLG that had found its way to me. This is the briefing that Andy Gale has been giving to Council officers (not councillors, as far as I know) on what he gives as the DCLG view of the post-Localism Act world, how Councils should implement it, and how officers should sell this to Councillors.”

Full story

NearlyLegal, 10th November 2012

Source: www.nearlylegal.co.uk

Schoolboy who disguised himself as old man to rob jewellers is jailed – The Guardian

Posted November 12th, 2012 in impersonation, news, robbery, sentencing, young offenders by sally

“A schoolboy who wore a prosthetic disguise and hairpieces to carry out armed robberies has been sent to prison.”

Full story

The Guardian, 11th November 2012

Source: www.guardian.co.uk

Police launch mugshots database to catch criminals who move around the country – The Independent

Posted November 12th, 2012 in data protection, facial mapping, news, photography, police, recidivists by sally

“Detectives say face-matching technology is a ‘game changer’, but doubts remain on what data should be held.”

Full story

The Independent, 12th November 2012

Source: www.independent.co.uk

Government says mounting damages claims support case for secret courts – The Guardian

Posted November 12th, 2012 in closed material, damages, evidence, human rights, news, private hearings, torture by sally

“Seven fresh claims for damages involving highly sensitive national security evidence have been made in the past year, the government has revealed. Three cases have been settled confidentially.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk

Regulation fees paid by claims management companies – Ministry of Justice

Posted November 9th, 2012 in claims management, complaints, consultations, fees, legal ombudsman by sally

“This consultation invites views on the fees for applications for authorisation and annual fees for the regulation year 1 April 2013 to 31 March 2014 and initial views on a fees framework for complaints handling by the Legal Ombudsman.

This consultation is primarily aimed at persons authorised to provide regulated claims management services in England & Wales under the Compensation Act 2006 and those businesses and individuals contemplating making an application for authorisation.”

Full consultation

Ministry of Justice, 9th November 2012

Source: www.justice.gov.uk

Cell-push policeman Mark Andrews wins job ruling – BBC News

Posted November 9th, 2012 in assault, disciplinary procedures, dismissal, news, police by sally

“A police officer who was sacked after a woman prisoner was dragged across a floor and thrown in a cell must get his job back, a High Court judge has ruled.”

Full story

BBC News, 9th November 2012

Source: www.bbc.co.uk

Ashley Charles jailed for murdering Phillip Sherriff after Jessie J gig – The Independent

Posted November 9th, 2012 in murder, news, sentencing by sally

“A graphic designer was jailed for a minimum of 14 years today for killing a telephone executive with a broken bottle after a Jessie J gig.”

Full story

The Independent, 9th November 2012

Source: www.independent.co.uk

Former City lawyer Patrick Raggett wins £54,000 damages after suffering years of abuse at Jesuit-run school – The Independent

Posted November 9th, 2012 in child abuse, damages, news, psychiatric damage by sally

“A former City lawyer who claims he made a mess of his life because he was sexually abused at a Jesuit-run school today won £54,923 damages.”

Full story

The Independent, 9th November 2012

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted November 9th, 2012 in law reports by sally

Supreme Court

Morris v Rae (Scotland) [2012] UKSC 45 (7 November 2012)

Court of Appeal (Civil Division)

Hollister Incorporated Dansac AS v Medik Ostomy Supplies Ltd [2012] EWCA Civ 1419 (09 November 2012)

Pankhania v Chandegra [2012] EWCA Civ 1438 (09 November 2012)

Hadi v A-Z Law Solicitors [2012] EWCA Civ 1431 (09 November 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 1430 (09 November 2012)

Capita Alternative Fund Services (Guernsey) Ltd & Anor v Drivers Jonas (A Firm) [2012] EWCA Civ 1417 (08 November 2012)

Thurrock Borough Council v West [2012] EWCA Civ 1435 (08 November 2012)

Nirula, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1436 (08 November 2012)

High Court (Administrative Court)

Wilmot, R (on the application of) v Secretary of State for Justice [2012] EWHC 3139 (Admin) (09 November 2012)

Long, R (on the application of) v Monmouthshire County Council & Anor [2012] EWHC 3130 (Admin) (08 November 2012)

Long, R (on the application of) v Optimisation Developments Ltd [2012] EWHC 3131 (Admin) (08 November 2012)

Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin) (08 November 2012)

Obi v Solicitors Regulation Authority [2012] EWHC 3142 (Admin) (08 November 2012)

High Court (Commercial Court)

JSC VTB Bank v Skurikhin & Anor [2012] EWHC 3116 (Comm) (08 November 2012)

Breffka & Hehnke GmbH & Co KG & Ors v Navire Shipping Co Ltd & Ors [2012] EWHC 3124 (Comm) (07 November 2012)

High Court (Queen’s Bench Division)

Raggett v The Society of Jesus Trust 1929 for Roman Catholic Purposes & Anor [2012] EWHC 3132 (QB) (09 November 2012)

Ansari v Knowles & Ors [2012] EWHC 3137 (QB) (08 November 2012)

Salkeld Investments Ltd v West One Loans Ltd [2012] EWHC 2701 (QB) (8 November 2012)

APW v WPA [2012] EWHC 3151 (QB) (08 November 2012)

Globe Motors Inc & Ors v TRW Lucasvarity Electric Steering Ltd [2012] EWHC 3134 (QB) (08 November 2012)

High Court (Technology and Construction Court)

Lidl UK GmbH v R G Carter Colchester Ltd [2012] EWHC 3138 (TCC) (08 November 2012)

Source: www.bailii.org

 

Recent Statutory Instruments – legislation.gov.uk

Posted November 9th, 2012 in legislation by sally

The National Health Service Bodies (Summarised Accounts) Order 2012

The Child Support (Meaning of Child and New Calculation Rules) (Consequential and Miscellaneous Amendment) Regulations 2012

The Slough (Electoral Changes) Order 2012

The Electricity (Exemption from the Requirement for a Generation Licence) (Curen) (England and Wales) Order 2012

The Industrial Injuries Benefit (Injuries arising before 5th July 1948) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Winfield v Secretary of State for Communities and Local Government – WLR Daily

Posted November 9th, 2012 in advertising, enforcement notices, law reports, planning by sally

Winfield v Secretary of State for Communities and Local Government: [2012] EWCA Civ 1415;   [2012] WLR (D)  311

“An applicant seeking deemed planning consent for ten years’ continual use of land for the display of advertisements would not satisfy the requisite conditions if, in the face of threatened enforcement action, he had removed and then reinstated advertisements. Such material breaks would negate continual use. Wooden posts or structures left on site on which the advertisements were placed did not constitute advertisements in themselves so as to satisfy the requisite time period for deemed consent.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

K v Bundesasylamt – WLR daily

Posted November 9th, 2012 in asylum, EC law, families, immigration, law reports by sally

K v Bundesasylamt: Case C-245/11;   [2012] WLR (D)  309

“On the proper construction of article 15(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third country national), a member state which was not responsible for examining an application for asylum pursuant to the criteria laid down in Chapter III of the Regulation became so responsible where there were humanitarian grounds for the application. In those circumstances, it was for the member state which had become the responsible member state to assume the obligations which went along with that responsibility and inform the member state previously responsible.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov – WLR Daily

Posted November 9th, 2012 in committals, contempt of court, disclosure, human rights, jurisdiction, law reports by sally

JSC BTA Bank v Ablyazov: [2012] EWCA Civ 1411;   [2012] WLR (D)  308

“The court had jurisdiction to make an order barring a defendant, who had absconded following his committal for contempt, from defending the claims against him unless within a stated period he both surrendered to custody and made proper disclosure of all his assets and dealings with them.”

WLR Daily, 6th November 2012

Source: www.iclr.co.uk