Day: 8 March 2013

Heritage bodies win high court battle against Barnwell windfarm – The Guardian

Posted March 8th, 2013 in energy, local government, news, planning by tracey

“Leading heritage organisations have won a high court battle against plans for a windfarm they warn will result in substantial harm to a heritage area ‘of national significance.’ English Heritage and the National Trust say the case has national implications. They supported East Northamptonshire district council’s successful legal bid to block proposals submitted by West Coast Energy for four 300 feet (91 metre) turbines on farmland at Barnwell Manor in Sudborough.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

Ex-police officer and ex-prison officer admit selling information to Sun – The Guardian

Posted March 8th, 2013 in media, misfeasance in public office, news, police by tracey

“A former police officer and ex-prison officer have admitted selling information to the Sun about high-profile individuals – the first people to plead guilty in relation to the investigation into alleged illegal payments by journalists to public officials.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 8th, 2013 in law reports by tracey

Supreme Court

Daejan Investments Ltd v Benson & Ors [2013] UKSC 14 (6 March 2013)

Court of Appeal (Civil Division)

MRI Trading AG v Erdenet Mining Corporation LLC [2013] EWCA Civ 156 (08 March 2013)

Citation Plc v Ellis Whittam Ltd [2013] EWCA Civ 155 (08 March 2013)

WGGS Ltd (t/a Western Governors Graduate School), R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 177 (08 March 2013)

Leeds United Football Club v West Yorkshire Police [2013] EWCA Civ 115 (07 March 2013)

Wallace v Follett [2013] EWCA Civ 146 (07 March 2013)

Negassi & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 151 (07 March 2013)

Dorchester Project Management Ltd v BNP Paribas Real Estate Advisory & Property Management UK Ltd [2013] EWCA Civ 176 (07 March 2013)

London Borough of Brent v Tudor [2013] EWCA Civ 157 (06 March 2013)

Everything Everywhere Ltd v Competition Commission & Ors [2013] EWCA Civ 154 (06 March 2013)

Fareham Borough Council v Miller [2013] EWCA Civ 159 (06 March 2013)

High Court (Administrative Court)

Mikolajczak v District Court In Kalisz, Poland [2013] EWHC 432 (Admin) (07 March 2013)

MA (Formerly A Child But Now of Full Age) & Ors v Independent Adjudicator & Director, HMYOI Ashfield [2013] EWHC 438 (Admin) (07 March 2013)

Zawadzki v Regional Court In Warsaw, Poland [2013] EWHC 433 (Admin) (07 March 2013)

Save Our Surgery Ltd, R (on the application of) v Joint Committee of Primary Care Trusts [2013] EWHC 439 (Admin) (07 March 2013)

UK Recyclate Ltd & Ors, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Ors [2013] EWHC 425 (Admin) (06 March 2013)

High Court (Commercial Court)

Hyundai Merchant Marine Co. Ltd v Americas Bulk Transport Ltd (Re: PACIFIC CHAMP) [2013] EWHC 470 (Comm) (08 March 2013)

High Court (Patents Court)

Samsung Electronics Co. Ltd v Apple Retail UK Ltd & Anor (on 726 and 675 patents) [2013] EWHC 467 (Pat) (07 March 2013)

Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor (on 404 patent) [2013] EWHC 468 (Pat) (07 March 2013)

High Court (Queen’s Bench Division)

VIS Trading Co. Ltd v Nazarov & Ors [2013] EWHC 491 (QB) (08 March 2013)

Redcar v Dady & Ors [2013] EWHC 475 (QB) (08 March 2013)

IG Index Plc v Colley & Ors [2013] EWHC 478 (QB) (07 March 2013)

High Court (Technology and Construction Court)

Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd & Anor [2013] EWHC 463 (TCC) (07 March 2013)

Source: www.bailii.org

 

 

VFS Financial Services Ltd v JF Plant Tyres Ltd – WLR Daily

Posted March 8th, 2013 in consumer credit, debts, law reports by tracey

VFS Financial Services Ltd v JF Plant Tyres Ltd: [2013] EWHC 346 (QB);   [2013] WLR (D)  91

“A ‘disposition’ of goods for the purposes of section 29(1) of the Hire-Purchase Act 1964 was limited to a transaction where the goods had been transferred for money.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 8th, 2013 in legislation by tracey

The Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013

The Functions of the National Health Service Commissioning Board and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (England) Regulations 2013

The Non-Domestic Rating and Council Tax (Definition of Domestic Property and Dwelling) (England) Order 2013

The Council Tax (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2013

The Food (Miscellaneous Amendment and Revocation) (England) Regulations 2013

The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) (Amendment) Regulations 2013

The Capital Allowances (First-year Tax Credits) Order 2013

The Tax Law Rewrite Acts (Amendment) Order 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 6) Order 2013

The Civil Legal Aid (Connected Matters) Regulations 2013

The Smoke Control Areas (Authorised Fuels) (England) Regulations 2013

The Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) (Amendment) (England) Order 2013

The Council Tax Reduction Schemes (Detection of Fraud and Enforcement) (England) Regulations 2013

The Natural Resources Body for Wales (Tax Consequences) Order 2013

The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2013

The European Parliamentary (United Kingdom Representatives) Pensions (Amendment) Order 2013

The National Health Service (Charges for Drugs and Appliances), (Dental Charges) and (Travel Expenses and Remission of Charges) (Amendment) Regulations 2013

The National Health Service (Clinical Commissioning Groups – Payments in Respect of Quality) Regulations 2013

The Criminal Legal Aid (Financial Resources) Regulations 2013

The Smoke Control Areas (Exempted Fireplaces) (England) Order 2013

The Civil Enforcement of Road Traffic Contraventions (Representations and Appeals) (Wales) Regulations 2013

Source: www.legislation.gov.uk

 

Command Papers – official-documents.gov.uk

Posted March 8th, 2013 in parliamentary papers by tracey

Drugs: breaking the cycle the Government response to the ninth report from the Home Affairs Committee, session 2012-13 HC 184, Cm 8567 (PDF)

Source: www.official-documents.gov.uk

“Frantic” firms creating hump of CFA cases that will take years to clear, says QC – Litigation Futures

Posted March 8th, 2013 in fees, law firms, negligence, news, speeches by tracey

“The 1 April Jackson reforms start date is creating a ‘hump’ of conditional fee agreement (CFA) cases that will take years to clear the courts, a leading clinical negligence barrister has predicted.”

Full story

Litigation Futures, 7th March 2013

Source: www.litigationfutures.com

Every case, a managed case: Using the Criminal Procedure Rules – Speech by Nicholas Moss, JP

Posted March 8th, 2013 in case management, criminal procedure, judges, speeches by tracey

“Nicholas Moss JP, a member of the Criminal Procedure Rules Committee, talked about the origin of, and context for, the Criminal Procedure Rules and explained the Committee’s role.”

Full speech

Judiciary of England and Wales, 8th March 2013

Source: www.judiciary.gov.uk

Sham marriage gang jailed – Home Office

Posted March 8th, 2013 in fraud, gangs, marriage, press releases, sentencing by tracey

“A gang of 11 behind a series of sham marriages in Lancashire have been jailed for more than 18 years.”

Full story

Home Office, 6th March 2013

Source: www.homeoffice.gov.uk

New Contractual Terms: Joint statement by the Chairman of the Bar and the President of the Law Society – The Bar Council

Posted March 8th, 2013 in barristers, contracts, press releases, solicitors by tracey

” The Chairman of the Bar and the President of the Law Society have released a joint statement on the new Contractual Terms.”

Full press release

The Bar Council. 7th March 2013

Source: www.barcouncil.org.uk

Patrick O’Brien: When Judges Misbehave: The Strange Case of Jonah Barrington – UK Constitutional Law Group

Posted March 8th, 2013 in disciplinary procedures, judges, news by tracey

“The recent high profile arrest of a part-time recorder, Constance Briscoe, in connection with the Vicki Pryce trial gives me a tenuous topical link to judicial discipline and nineteenth century case of Sir Jonah Barrington, still the only High Court judge to have been dismissed from office. Disciplinary proceedings against a judge are relatively rare and dismissal of a permanent salaried judge is almost unheard of.”

Full story

UK Constitutional Law Group, 7th March 2013

Source:  www.ukconstitutionallaw.org/blog

Home Office announces changes to the Immigration Rules for skilled migrants from April – OUT-LAW.com

Posted March 8th, 2013 in immigration, migrant workers, news, regulations by tracey

“Changes to the Immigration Rules applying to skilled migrant workers coming to
the UK from outside of the European Economic Area will take effect from April,
the Home Office has announced.”

Full story

OUT-LAW.com, 6th March 2013

Source: www.out-law.com

A landlord who failed to consult properly with its tenants before incurring service charge costs has been reprieved – OUT-LAW.com

Posted March 8th, 2013 in consultations, costs, landlord & tenant, news, Supreme Court by tracey

“A landlord can still recover the cost of carrying out work on a property from
its tenants through a service charge even if the landlord does not comply with
statutory consultation requirements, provided that the tenants are not
‘prejudiced’ by the landlord’s actions, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 6th March 2013

Source: www.out-law.com

Psychiatric wards ‘neglect’ duty to parents – BBC News

Posted March 8th, 2013 in children, hospitals, mental health, news, Scotland by tracey

“Psychiatric hospitals must consider the children of those who are given compulsory mental health treatment, according to a health watchdog. The Mental Welfare Commission says most healthcare staff are unaware of their responsibilities to help parents to maintain contact with their children.”

Full story

BBC News, 7th March 2013

Source: www.bbc.co.uk

May rejects calls from MPs for fundamental rethink of drugs strategy – BBC News

Posted March 8th, 2013 in drug abuse, news, rehabilitation, reports by tracey

“Home Secretary Theresa May has rejected calls from MPs for a root-and-branch
review of drugs strategy, insisting the government’s approach is working.”

Full story

BBC News, 7th March 2013

Source: www.bbc.co.uk

Press regulation: Group of six appointed to kick-start new watchdog – The Guardian

Posted March 8th, 2013 in bills, complaints, media, news by tracey

“The former supreme court judge, Lord Phillips of Worth Matravers, has established a six-strong ‘foundation group’ to kick start the establishment of a new press regulator, the chairman of the Press Complaints Commission has announced. Lord Hunt, who was tasked with transitioning the PCC into the new regulator, said on Thursday that he is hoping the move will help extricate the process of setting up a new watchdog out of the ‘quagmire’ it has been stuck in since the Leveson report was published in November.”

Full story

The Guardian, 7th March 2013

Source: www.guardian.co.uk

Gym chains forced to relax contract terms – The Guardian

Posted March 8th, 2013 in consumer protection, contracts, news, unfair contract terms by tracey

“Three of Britain’s biggest gym chains have had to change their contracts to make it easier for people to cancel, after the Office of Fair Trading ruled their terms and practices were unfair.”

Full story

The Guardian, 8th March 2013

Source: www.guardian.co.uk

TV death baby Kian McMillan: Fugitive father jailed – BBC News

Posted March 8th, 2013 in child neglect, fraud, homicide, news, sentencing by tracey

“A man who admitted neglecting his four-month-old son who died when the boy’s
mother knocked a television onto him, has been jailed for 46 months.”

Full story

BBC News, 7th March 2013

Source: www.bbc.co.uk

Connor Carl Bather sentenced for driving ‘like a maniac’ – BBC News

Posted March 8th, 2013 in assault, dangerous driving, news, sentencing, young offenders by tracey

“A man who drove ‘like a maniac’ the wrong way down a dual carriageway with no
lights on at night to escape police has been given a year’s youth custody.”

Full story

BBC news, 7th March 2013

Source: www.bbc.co.uk

Helena Kennedy takes Theresa May to task over human rights laws – Daily Telegraph

Posted March 8th, 2013 in human rights, news, speeches, torture, treaties by tracey

“Theresa May is wrong to claim that judges should be more willing to deport
foreign criminals, according to Helena Kennedy QC.”

Full story

Daily Telegraph, 7th March 2013

Source: www.telegraph.co.uk