Month: February 2013

Foulser v Her Majesty’s Revenue and Customs – WLR Daily

Posted February 11th, 2013 in abuse of process, HM Revenue & Customs, judicial review, jurisdiction, law reports, taxation, tribunals by sally

Foulser v Her Majesty’s Revenue and Customs [2013] UKUT 038 (TCC); [2013] WLR (D) 51

“The First-tier Tribunal had jurisdiction to deal with an allegation that a fair hearing of a tax appeal before it had been made impossible, but any contention that a party had acted unlawfully in public law had to be put forward by way of an application for judicial review in the High Court or the Upper Tribunal. In a case where the FTT considered that a debarring order was justified and no lesser order would meet the justice of the case but yet, the facts of the case did not come within Rules 7 and 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the FTT could produce the desired just result by using its power under Rule 5 to ‘regulate its procedure’, particularly to deal with the case fairly and justly.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily

Posted February 11th, 2013 in human rights, investigatory powers, law reports, personal injuries, police, professional conduct, tribunals by sally

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others [2013] EWHC 32 (QB); [2013] WLR (D) 49

“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien – WLR Daily

Posted February 11th, 2013 in EC law, judiciary, law reports, news, part-time work, pensions by sally

Ministry of Justice (formerly Department of Constitutional Affairs) v O’Brien [2013] UKSC 6; [2013] WLR (D) 47

“A part-time fee-paid judge was a worker under European Union law and had a right not to be treated in a less favourable manner than comparable full-time workers. The denial of retirement pensions to part-judges when full-time judges were granted pensions was less favourable treatment for which there was no objective justification. Accordingly, on the basic principle of remunerating part-time workers pro rata temporis, a recorder was entitled to a pension on terms equivalent to those applicable to a circuit judge.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another – WLR Daily

Posted February 11th, 2013 in administrators, compensation, insolvency, law reports, news, pleadings by sally

In re Coniston Hotel (Kent) LLP (in liquidation) Bernsten and another v Tait and another [2013] EWHC 93 (Ch); [2013] WLR (D) 46

“Points of claim in insolvency proceedings should concisely set out every fact necessary to establish the legal basis for the relief sought but with a degree of particularity to enable those responding to understand the nature of the case.”

WLR Daily, 1st February 2013

Source: www.iclr.co.uk

The IPCC should be scrapped, says former Met Police Commissioner Lord Stevens – Daily Telegraph

Posted February 11th, 2013 in complaints, diversity, education, news, police by sally

“The Independent Police Complaints Commission (IPCC) should be replaced with a new body that can hold the police to account when something goes wrong, says the former Commissioner of the Metropolitan Police, Lord Stevens.”

Full story

Daily Telegraph, 10th February 2013

Source: www.telegraph.co.uk

Room without review: Thoughts on tackling the bedroom tax – NearlyLegal

Posted February 11th, 2013 in benefits, budgets, disability discrimination, housing, local government, news, rent by sally

“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”

Full story

NearlyLegal, 10th February 2013

Source: www.nearlylegal.co.uk

Does the state owe a duty to inform the wronged? And Ullah revisited – UK Human Rights Blog

Posted February 11th, 2013 in appeals, children, human rights, news, restraint by sally

“The Court of Appeal dismissed this claim by a children’s NGO for an order that the Secretary of State provide information to certain children to the effect that the SoS and his contractors had unlawfully used bodily restraint upon them whilst they were ‘trainees’ in Secure Training Centres.”

Full story

UK Human Rights Blog, 10th February 2013

Source: www.ukhumanrightsblog.com

Horsemeat scandal: ‘Tougher testing’ by retailers ordered – BBC News

Posted February 11th, 2013 in consumer protection, food hygiene, fraudulent trading, news by sally

“Retailers have agreed to carry out ‘more and tougher testing’ of beef products in the wake of widespread horsemeat contamination, the environment secretary says.”

Full story

BBC News, 9th February 2013

Source: www.bbc.co.uk

Commission unveils plans for expanded cyber breach notification regime – OUT-LAW.com

Posted February 11th, 2013 in computer crime, consumer protection, data protection, EC law, internet, news by sally

“A range of businesses across the financial services, energy and technology sectors are among those that would be subject to new cyber security and breach notification rules under new legislative plans outlined by the European Commission.”

Full story

OUT-LAW.com, 8th February 2013

Source: www.out-law.com

LSC drops legal aid contract changes – Law Society’s Gazette

Posted February 11th, 2013 in contracts, disclosure, Law Society, legal aid, news, prosecutions by sally

“The Legal Services Commission has agreed to drop controversial changes to ongoing legal aid contracts following talks with the Law Society.”

Full story

Law Society’s Gazette, 11th February 2013

Source: www.lawgazette.co.uk

Frances Andrade death: Charity calls for review in child abuse trials – BBC News

Posted February 11th, 2013 in charities, child abuse, news, prosecutions, trials, victims by sally

“A charity for adults who were abused in childhood has said the way prosecutions are brought must change after a victim took her own life during a trial.”

Full story

BBC News, 9th February 2013

Source: www.bbc.co.uk

Job applicants with schizophrenia facing ‘discrimination’ – The Independent

Posted February 11th, 2013 in disability discrimination, employment, mental health, news by sally

“Tens of thousands of people with schizophrenia are being denied the chance to work because of ‘severe discrimination’, a report has found.”

Full story

The Independent, 11th February 2013

Source: www.independent.co.uk

Nurse spared jail for killing baby in botched circumcision – BBC News

Posted February 11th, 2013 in causing death of children or vulnerable adults, homicide, negligence, news, nurses, sentencing, suspended sentences by sally

“A nurse who caused the death of a baby in a botched home circumcision has been spared jail.”

Full story

BBC News, 8th February 2013

Source: www.bbc.co.uk

Judges ‘should talk to children before making care decisions’ – The Guardian

Posted February 11th, 2013 in bills, care orders, case management, children, evidence, family courts, judiciary, mental health, news, social services by sally

“Many children who end up in care are never interviewed by the judge who makes the decision to remove them from their families, according to a report by an influential group of MPs and child protection experts.”

Full story

The Guardian, 10th February 2012

Source: www.guardian.co.uk

Gerry McCann calls for press control laws – and 75% of the public agree – The Guardian

Posted February 11th, 2013 in arbitration, inquiries, interception, media, news, parliament, privacy, victims by sally

“Poll shows overwhelming support for missing Madeleine’s father on how Leveson inquiry findings must be enforced.”

Full story

The Guardian, 9th February 2013

Source: www.guardian.co.uk

£23m of parking fines ‘may have been unlawful’ – BBC News

Posted February 11th, 2013 in appeals, fines, local government, news, parking, time limits by sally

“Almost 350,000 parking fines – totalling an estimated £23m – may have been unlawfully issued to motorists in London, a BBC investigation has found.”

Full story

BBC News, 11th February 2013

Source: www.bbc.co.uk

Appeal court orders release of severely disabled prisoner – The Guardian

Posted February 11th, 2013 in appeals, drug trafficking, early release, medical treatment, news, prisons by sally

“The appeal court has shown ‘exceptional mercy’ to a severely disabled prisoner, releasing him from prison early after his lawyers argued the prison service could not meet his complex medical needs.”

Full story

The Guardian, 8th February 2013

Source: www.guardian.co.uk

High Court legal bid to save Leeds child heart surgery – BBC News

Posted February 11th, 2013 in children, consultations, hospitals, judicial review, medical treatment, news by sally

“The High Court is due to hear a legal challenge over plans to end child heart surgery at Leeds General Infirmary.”

Full story

BBC News, 11th February 2013

Source: www.bbc.co.uk