Command Papers – official-documents.gov.uk

Posted May 23rd, 2013 in parliamentary papers by sally

Consultation on options to reduce electricity demand – Government Response, Cm 8631 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2013 in legislation by sally

The Cash Ratio Deposits (Value Bands and Ratios) Order 2013

The Chemical Weapons (Licence Appeal Provisions) (Revocation) (No. 2) Order 2013

The Merchant Shipping (Categorisation of Registries of Relevant British Possessions) (Amendment) 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

Posted May 23rd, 2013 in law reports by sally

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)

Mustafa, R (on the application of) v The Office of the Independent Adjudicator for Higher Education [2013] EWHC 1379 (Admin) (23 May 2013)

Source: www.bailii.org

The Law and Cohabitation – BBC Unreliable Evidence

Posted May 23rd, 2013 in cohabitation, legislation, news by sally

“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.”

Listen

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.”

Full story

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.”

Full story

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

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) [2013] UKSC 30 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) – Supreme Court

Vestergaard Frandsen A/S (now called mvf3 Apps) and others (Appellants) v Bestnet Europe Limited and others (Respondents) [2013] UKSC 31 | UKSC 2011/0144 (YouTube)

Supreme Court, 22nd May 2013

Source: www.youtube.com/user/UKSupremeCourt

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

Source: www.youtube.com/user/UKSupremeCourt

Part 36: Dominic Regan’s cut out & keep survival guide – New Law Journal

Posted May 23rd, 2013 in civil procedure rules, news, part 36 offers, time limits by sally

“Dominic Regan’s exclusive Pt 36 survival guide.”

Full story

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

Posted May 23rd, 2013 in asylum, detention, immigration, law reports, torture by sally

Regina (EO and others) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin); [2013] WLR (D) 190

“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

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

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

Posted May 23rd, 2013 in appeals, documents, law reports, local government, rights of way by sally

Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186

“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

Posted May 23rd, 2013 in appeals, ASBOs, gangs, injunctions, law reports, local government, violence by sally

Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185

“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

Posted May 23rd, 2013 in civil procedure rules, courts, news, service, time limits by sally

“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.”

Full story

Litigation Futures, 23rd May 2013

Source: www.litigationfutures.com

Closing the loophole: Care services and human rights protection – UK Human Rights Blog

Posted May 23rd, 2013 in bills, care homes, elderly, human rights, news, social services by sally

“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.'”

Full story

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

Posted May 23rd, 2013 in consultations, news, planning, standards by sally

“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.”

Full story

OUT-LAW.com, 22nd May 2013

Source: www.out-law.com

High Court rules that billionaire fraudster should lose three luxury properties – The Independent

Posted May 23rd, 2013 in assets recovery, banking, contempt of court, fraud, news, proceeds of crime by sally

“A billionaire fraudster is set to lose three of his luxury properties in Britain’s most exclusive postcodes after a High Court ruling.”

Full story

The Independent, 22nd May 2013

Source: www.independent.co.uk