November 2012 – Page 20 – Current Awareness

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?”