Winfield v Secretary of State for Communities and Local Government – WLR Daily
“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
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
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
Where the Common Law fears to tread – Speech by Lord Dyson, Master of the Rolls
“Where the Common Law fears to tread – Annual Lecture for ALBA 2012 by Lord Dyson, Master of the Rolls.”
Judiciary of England and Wales, 9th November 2012
Source: www.judiciary.gov.uk
New definition of domestic violence and abuse to include 16 and 17 year olds – Home Office
“Victims of domestic violence and abuse aged 16 and 17 will be recognised under a new cross-government definition, deputy prime minister Nick Clegg announced today (Wednesday 19 September 2012).”
Home Office, 5th November 2012
Source: www.homeoffice.gov.uk
Flip Flopping: Telefonica UK v Office of Communications – Competition Bulletin from Blackstone Chambers
“What should Ofcom do when mobile network operators (‘MNOs’) spot a loophole in the regulator’s price control mechanism and proceed to ‘game’ the system over several years, increasing their revenues by many millions of pounds?”
Competition Bulletin from Blackstone Chambers, 6th November 2012
Source: www.competitionbulletin.com
Juror jailed for discussing trial with defendants – Attorney General’s Office
“Judges at the High Court today jailed a juror for four months for contempt of court, after he admitted discussing the trial with two of the defendants while it was still ongoing.”
Attorney General’s Office, 8th November 2012
Source: www.attorneygeneral.gov.uk
Iraq soldier families can bring negligence but not human rights claims – UK Human Rights Blog
“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365
Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’. The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.“
UK Human Rights Blog, 9th November 2012
Source: www.ukhumanrightsblog.com
Update on recent Tribunal decisions part 2: personal data of “low inherent sensitivity” – Panopticon
“The ‘personal data’ provisions under s. 40(2) FOIA and regulation 13 EIR can often be very difficult to apply, particularly in light of the Durant ‘notions of assistance’, namely biographical significance and focus. It is correspondingly difficult to predict how such arguments will fare before the Tribunal. Two recent cases offer good illustrations. Both saw the Tribunal order disclosure of property-related personal data which was deemed to be of ‘low inherent sensitivity.’ ”
Panopticon, 8th November 2012
Source: www.panopticonblog.com
Content of emails should generally not be considered as property, rules High Court – OUT-LAW.com
“Businesses do not have a general claim of ownership over the content in staff emails, a High Court judge has said.”
OUT-LAW.com, 8th November 2012
Source: www.out-law.com
Stamp duty land tax avoidance scheme was effective says the Upper Tribunal – OUT-LAW.com
“A stamp duty land tax (SDLT) avoidance scheme which involved the interaction of the sub-sale and the partnership rules was effective, according to the Upper Tribunal.”
OUT-LAW.com, 8th November 2012
Source: www.out-law.com
The Article 8 Toys Go Back in the Box – NearlyLegal
“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk/blog/
Chancery Lane hits out at LETR over claim – Law Society’s Gazette
“The Law Society has hit back at claims that the current system of legal education and training is unfit for purpose. In a critical response to a discussion paper published by the cross-professional Legal Education and Training Review (LETR), the Society says it is ‘not aware of clear evidence that the current system is broken’.”
Law Society’s Gazette, 8th November 2012
Source: www.lawgazette.co.uk
Speeding biker Gary Dobson who did 144mph on A63 banned – BBC News
“A biker who reached speeds of 144mph (232km/h) on an A-road in North Yorkshire has been banned from riding for six months.”
BBC News, 8th November 2012
Source: www.bbc.co.uk
Council ‘failed to consider differing needs of elderly and dementia patients when setting care home fees’ – Daily Telegraph
“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
Husband who beat wife’s lover freed after she finally admits affair – Daily Telegraph
“A man jailed for beating up a friend he saw embracing his wife has been freed on appeal – after she belatedly confessed to the affair.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
Injured workers face tougher battle for compensation under government plans – The Guardian
“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
Phone hacking: Andy Coulson fights high court ruling over legal fees – The Guardian
“Former News of the World editor Andy Coulson has challenged a high court ruling that News International is not liable to pay his legal fees over the phone-hacking scandal. Lawyers for Coulson told the court of appeal in London on Thursday that criminal charges relating to his time as editor of the Sunday tabloid were ‘absolutely essential’ to the meaning of a key clause in his contract with News International.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
Scissor death killer Sandra Clinch jailed for husband’s manslaughter – BBC News
“A woman who fatally stabbed her husband with a pair of scissors in a row about tidying their house has been jailed.”
BBC News, 8th November 2012
Source: www.bbc.co.uk
