Intelligence and Security Committee: Access to communications data by the intelligence and security Agencies, Cm 8514 (PDF)
Treasury Minutes, Cm 8539 (PDF)
Banking reform: a new structure for stability and growth, Cm 8545 (PDF)
Source: www.official-documents.gov.uk
“Website operators can be held responsible for database rights infringement by their users if that infringement was ‘inevitable’ as a result of actions of the site operators, the Court of Appeal has said.”
OUT-LAW.com, 7th February 2013
Source: www.out-law.com
“Two more hospitals were dragged into the NHS care scandal today as it emerged that 18 families were taking legal action on the grounds that their loved ones had suffered neglect and negligence.”
Daily Telegraph, 7th February 2013
Source: www.telegraph.co.uk
“Police involved in the arrest of ‘Lostprophets’ vocalist Ian Watkins, in relation to an alleged plot to rape a baby, are under investigation over whether or not they acted quickly enough.”
The Independent, 7th February 2013
Source: www.independent.co.uk
“After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”
Full story (PDF)
11 Stone Buildings, January 2013
Source: www.11sb.com
“The UK Bankruptcy Courts have become the destination of choice for foreign debtors leading to ‘bankruptcy tourism’ and forum shopping. Why is this the case and is it ever safe to travel? Marcia Shekerdemian sets the scene, examines this phenomenon and puts a few cases under the insolvency microscope.”
Full story (PDF)
11 Stone Buildings, February 2013
Source: www.11sb.com
“Following the decision to restrain publication of semi-nude photos of Kate Winslet’s husband (Mr Rocknroll), Chloe Strong, barrister at 5RB Chambers, discusses the case and what it means for privacy disputes.”
Full story (PDF)
5RB, 24th January 2013
Source: www.5rb.com
“Andrzej Bojarski, Kate Tompkins and Cameron Crowe, barristers at 36 Bedford Row, combine their expertise in unravelling complex financial arrangements on divorce and prosecuting serious crimes to consider whether the criminal courts might offer opportunities for a spouse in an exceptional case when all conventional options in the family courts have been exhausted.”
Family Law Week, 6th February 2013
Source: www.familylawweek.co.uk
“Reoffending by children and young people who commit sexual offences can be prevented, but opportunities to intervene early were often missed by professionals, according to independent inspectors. Today they published the report of a joint inspection on children and young people who sexually offend.”
Ministry of Justice, 7th February 2013
Source: www.justice.gov.uk
Related link: Examining Multi-Agency Responses to Children and Young People who sexually offend (PDF)
“This lecture focuses on the question of whether justice in relation to markets is entirely to be seen as being procedural – that justice is a matter of securing the conditions of non-coercive economic exchange between free individuals. Or is justice also about social justice- that is to say about the proper distribution of resources and a concern about the outcomes of markets? If justice is about social as well as procedural justice how can we arrive at criteria for distributive justice if all moral values are seen as subjective? Should we not rather see market outcomes, in the words of the economist Fred Hirsch as being ‘in principle unprincipled’?”
Lecture by Professor the Lord Plant of Highfield
Gresham College, 29th January 2013
Source: www.gresham.ac.uk
Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45
“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
“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
“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 [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
“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
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)
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)
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
“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).”
Panopticon, 7th February 2013
Source: www.panopticonblog.com
“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.”
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)
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