New guidance on DNR orders brought forward – The Guardian
“Medical bodies plan to publish updated guidance by end of year after deciding not to wait for conclusion of Janet Tracey case.”
The Guardian, 21st June 2013
Source: www.guardian.co.uk
Month: June 2013
Newham Council issued illegal parking fines after camera error – BBC News
“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
Girl abduction teacher Jeremy Forrest to be sentenced – BBC News
“A teacher who had a relationship with a 15-year-old schoolgirl and went on the run with her in France is due to be sentenced at Lewes Crown Court.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
Pickles faces legal challenge over Tesco in ‘Portas Pilot’ Margate – Daily Telegraph
“Communities minister Eric Pickles is facing a legal challenge over his decision
to allow Tesco to build a huge superstore in ‘Portas Pilot’ Margate.”
Daily Telegraph, 20th June 2013
Source: www.telegraph.co.uk
Public bodies use privacy laws to hide information, says watchdog – Daily Telegraph
“Organisations are hiding behind data protection laws as an excuse to with-hold information from the public, a watchdog has admitted in the wake of the Care Quality Commission (CQC) scandal.”
Daily Telegraph, 20th June 2013
Source: www.telegraph.co.uk
Daily Mail to pay £125,000 libel damages over TV psychic ‘scam’ claim – The Guardian
“The Daily Mail has apologised and agreed to pay £125,000 in libel damages to a TV psychic it falsely accused of using a hidden earpiece to scam a theatre audience.”
The Guardian, 20th June 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Cusack v London Borough of Harrow [2013] UKSC 40 (19 June 2013)
Smith & Ors v The Ministry of Defence [2013] UKSC 41 (19 June 2013)
Bank Mellat v Her Majesty’s Treasury (No. 1) [2013] UKSC 38 (19 June 2013)
Bank Mellat v Her Majesty’s Treasury (No. 2) [2013] UKSC 39 (19 June 2013)
Court of Appeal (Civil Division)
Walsh v Shanahan & Ors [2013] EWCA Civ 675 (19 June 2013)
Antonio Gramsci Shipping Corporation & Ors v Lembergs [2013] EWCA Civ 730 (19 June 2013)
Frost v Wake Smith and Tofields Solicitors [2013] EWCA Civ 1960 (19 June 2013)
High Court (Queen’s Bench Division)
Loughlin v Singh & Ors [2013] EWHC 1641 (QB) (19 June 2013)
High Court (Chancery Division)
McNally, In the matter of the Insolvency Act 1986 [2013] EWHC 1685 (Ch) (17 June 2013)
High Court (Administrative Court)
High Court (Commercial Court)
Telfer v Sakellarios [2013] EWHC 1556 (Comm) (19 June 2013)
Source: www.bailii.org
Tenant was able to remove items it had installed in property, High Court rules – OUT-LAW.com
“A recent High Court decision in which a tenant was entitled to remove large items it had installed on rented premises will provide comfort to developers in the energy and minerals sectors, an expert has said.”
OUT-LAW.com, 20th June 2013
Source: www.out-law.com
Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog
“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”
UK Human Rights Blog, 20th June 2013
Source: www.ukhumanrightsblog.com
UK government proposes “streamlining” regulatory and competition appeals – Competition Bulletin from Blackstone Chambers
“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”
Competition Bulletin from Blackstone Chambers, 20th June 2013
Source: www.competitionbulletin.com
More help for families of missing people – Ministry of Justice
“Families will be given extra help to cope when a loved one goes missing under new plans announced by Justice Minister Helen Grant.”
Ministry of Justice, 20th June 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Is Stuart Hall’s Sentence Too Low? – Criminal Law and Justice Weekly
“Lyndon Harris asks whether the case is really worth an Attorney-General’s reference.”
Criminal Law and Justice Weekly, 19th June 2013
Source: www.criminallawandjustice.co.uk
Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court
Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)
Supreme Court, 19th June 2013
Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) – Supreme Court
Supreme Court, 19th June 2013
Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) – Supreme Court
Supreme Court, 19th June 2013
French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily
“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Regina v N (Z) – WLR Daily
Regina v N (Z) [2013] EWCA Crim 989 ; [2013] WLR (D) 240
“For the offence of intimidation contrary to section 51(1) of the Criminal Justice and Public Order Act 1994 to be established, it had to be proved by the prosecution that the person whom the defendant intended to intimidate was in fact intimidated.”
WLR Daily, 18th June 2013
Source: www.iclr.co.uk
Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same – WLR Daily
“Members of the United Kingdom’s armed forces serving in Iraq were within the jurisdiction of the United Kingdom for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Whether claims alleging breaches of the right to life protected by article 2 could be sustained would depend on the particular circumstances.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
Derek Hodd Ltd v Climate Change Capital Ltd – WLR Daily
Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238
“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
‘Good lawyers save money’: Supreme Court President weighs in on Legal Aid – UK Human Rights Blog
“According to the President of the Supreme Court, the judiciary not only has a right but an obligation ‘to speak out on matters concerning the rule of law.’ In recent months, it is a duty from which Lord Neuberger has not shirked, and last night’s lecture to the Institute of Government was no exception. Its focus was the importance of legal aid, which Neuberger described through the prism of the UK’s constitutional set-up and the respective roles of the legislature, executive and judiciary within it.”
UK Human Rights Blog, 19th June 2013
Source: www.ukhumanrightsblog.com
