Month: May 2013
Recent Statutory Instruments – legislation.gov.uk
The Cash Ratio Deposits (Value Bands and Ratios) Order 2013
The Chemical Weapons (Licence Appeal Provisions) (Revocation) (No. 2) Order 2013
The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2013
The Gas and Petroleum (Consents) Charges Regulations 2013
The Official Statistics Order 2013
The Street Works (Charges for Occupation of the Highway) (Kent County Council) Order 2013
The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2013
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Hobson v R. [2013] EWCA Crim 819 (23 May 2013)
Court of Appeal (Civil Division)
Telford Homes (Creekside) Ltd v Ampurius Nu Homes Holdings Ltd [2013] EWCA Civ 577 (23 May 2013)
High Court (Queen’s Bench Division)
Corbett v Cumbria Kart Racing Club & Ors [2013] EWHC 1362 (QB) (22 May 2013)
High Court (Administrative Court)
Source: www.bailii.org
The Law and Cohabitation – BBC Unreliable Evidence
“In the first of a new series, Clive Anderson’s guests struggle to reconcile their differences regarding reform of the way the law treats unmarried cohabiting couples when their relationships break up.”
BBC Unreliable Evidence, 22nd May 2013
Source: www.bbc.co.uk
Lawyers protest outside parliament against legal aid cuts – The Guardian
“Hundreds, some wearing wigs and gowns, demonstrate against justice secretary’s plans, which they say undermine UK justice.”
The Guardian, 22nd May 2013
Source: www.guardian.co.uk
Man jailed for smothering mother – The Guardian
“A man who smothered and strangled his mother has been jailed for 13 years, police said today.”
The Guardian, 22nd May 2013
Source: www.guardian.co.uk
Commissioners for Her Majesty’s Revenue and Customs (Appellant) v Marks and Spencer plc (Respondent); Commissioners for Her Majesty’s Revenue and Customs (Respondent) v Marks and Spencer plc (Appellant) – Supreme Court
Supreme Court, 22nd May 2013
Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court
Supreme Court, 22nd May 2013
Public Prosecution Service (Respondent) v McKee (Appellant) – Supreme Court
Public Prosecution Service (Respondent) v McKee (Appellant) [2013] UKSC 32 | UKSC 2012/0007 (YouTube)
Supreme Court, 22nd May 2013
Part 36: Dominic Regan’s cut out & keep survival guide – New Law Journal
“Dominic Regan’s exclusive Pt 36 survival guide.”
New Law Journal, 22nd May 2013
Source: www.newjournal.co.uk
Marks & Spencer plc v Revenue and Customs Commissioners – WLR Daily
Marks & Spencer plc v Revenue and Customs Commissioners [2013] UKSC 30; [2013] WLR (D) 191
“The inquiry as to whether a parent company established in the United Kingdom was entitled to cross-border group relief in respect of the losses of its non-resident subsidiaries was to be conducted on the basis of the circumstances existing as at the date of its claim, and not at the end of the accounting period in which those losses crystallised.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Regina (EO and others) v Secretary of State for the Home Department – WLR Daily
“In deciding when an immigrant into the United Kingdom should not be detained because they had been tortured the definition of torture in the Secretary of State’s detention policy in force before January 2013 was any act by which severe pain or suffering, whether physical or mental, was intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person had committed, or intimidating or coercing him or a third person, or for any reason based upon discrimination of any kind.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
AAA v Associated Newspapers Ltd – WLR Daily
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189
“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
In re ITN News and others – WLR Daily
In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187
“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily
“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily
“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”
WLR Daily, 17th May 2013
Source: www.iclr.co.uk
High Court bares post-Jackson teeth with stricter approach to relief from sanctions – Litigation Futures
“The High Court has sent the first sign of a hardened stance against missed deadlines since the new Civil Procedure Rules (CPR) came into force.”
Litigation Futures, 23rd May 2013
Source: www.litigationfutures.com
Closing the loophole: Care services and human rights protection – UK Human Rights Blog
“Much of the House of Lords debate surrounding yesterday’s Second Reading of the Care and Support Bill focused on seeking solutions to complex issues around the future provision of care. Additionally, as several peers flagged, the Bill also provides a timely opportunity to clarify which bodies have legal obligations to uphold protections under the Human Rights Act. Baroness Campbell noted ‘those who receive their care not from a public authority but from a private body lack the full protection of the Human Rights Act…[This] is a loophole that must be closed.'”
UK Human Rights Blog, 22nd May 2013
Source: www.ukhumanrightsblog.com
Out-of-date planning guidance will not be cancelled immediately, says Boles – OUT-LAW.com
“The Government has rejected a recommendation in a planning guidance review by Lord Taylor of Goss Moor to immediately cancel all out-of-date guidance before new guidance is published.”
OUT-LAW.com, 22nd May 2013
Source: www.out-law.com
High Court rules that billionaire fraudster should lose three luxury properties – The Independent
“A billionaire fraudster is set to lose three of his luxury properties in Britain’s most exclusive postcodes after a High Court ruling.”
The Independent, 22nd May 2013
Source: www.independent.co.uk
