09/11/2012 – Current Awareness

Regulation fees paid by claims management companies – Ministry of Justice

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

“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 tracey

“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 tracey

“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 tracey

“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 tracey

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 tracey

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 tracey

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 tracey

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 tracey

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

Posted November 9th, 2012 in judiciary, precedent, speeches by tracey

“Where the Common Law fears to tread – Annual Lecture for ALBA 2012 by Lord Dyson, Master of the Rolls.”

Full speech

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

Posted November 9th, 2012 in domestic violence, press releases, victims, young persons by tracey

“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).”

Full press release

Home Office, 5th November 2012

Source: www.homeoffice.gov.uk

Flip Flopping: Telefonica UK v Office of Communications – Competition Bulletin from Blackstone Chambers

Posted November 9th, 2012 in competition, EC law, news, telecommunications by tracey

“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?”

Full story

Competition Bulletin from Blackstone Chambers, 6th November 2012

Source: www.competitionbulletin.com

Juror jailed for discussing trial with defendants – Attorney General’s Office

Posted November 9th, 2012 in contempt of court, juries, press releases, sentencing by tracey

“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.”

Full story

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

Posted November 9th, 2012 in armed forces, human rights, negligence, news, state immunity by tracey

“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.“

Full story

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

Posted November 9th, 2012 in data protection, disclosure, freedom of information, news, tribunals by tracey

“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.’ ”

Full story

Panopticon, 8th November 2012

Source: www.panopticonblog.com

Content of emails should generally not be considered as property, rules High Court – OUT-LAW.com

Posted November 9th, 2012 in confidentiality, disclosure, electronic mail, intellectual property, news by tracey

“Businesses do not have a general claim of ownership over the content in staff emails, a High Court judge has said.”

Full story

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

Posted November 9th, 2012 in leases, news, partnerships, stamp duty, tax avoidance by tracey

“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.”

Full story

OUT-LAW.com, 8th November 2012

Source: www.out-law.com

The Article 8 Toys Go Back in the Box – NearlyLegal

Posted November 9th, 2012 in housing, human rights, landlord & tenant, local government, news, succession by tracey

“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.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk/blog/

Chancery Lane hits out at LETR over claim – Law Society’s Gazette

Posted November 9th, 2012 in continuing professional development, legal education, legal profession, news by tracey

“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’.”

Full story

Law Society’s Gazette, 8th November 2012

Source: www.lawgazette.co.uk

Speeding biker Gary Dobson who did 144mph on A63 banned – BBC News

Posted November 9th, 2012 in dangerous driving, guilty pleas, motorcycles, news, sentencing by tracey

“A biker who reached speeds of 144mph (232km/h) on an A-road in North Yorkshire has been banned from riding for six months.”

Full story

BBC News, 8th November 2012

Source: www.bbc.co.uk