Day: 18 July 2013
Former Huddersfield rugby star’s Twitter sacking illegal – BBC News
“A rugby league star sacked by his club after a photo of a team-mate’s bottom was posted on his Twitter account was unlawfully dismissed, a judge ruled.”
BBC News, 18th July 2013
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Benedetti v Sawiris & Ors [2013] UKSC 50 (17 July 2013)
Court of Appeal (Civil Division)
Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)
Padden v Bevan Ashford (A Firm) [2013] EWCA Civ 824 (16 July 2013)
Watson v Sadiq & Anor [2013] EWCA Civ 822 (16 July 2013)
Court of Appeal (Criminal Division)
William & Ors v R. [2013] EWCA Crim 1262 (18 July 2013)
Taylor & Anor v R. [2013] EWCA Crim 1151 (17 July 2013)
High Court (Administrative Court)
High Court (Chancery Division)
Blunt v Jackson & Ors [2013] EWHC 2090 (Ch) (17 July 2013)
Various Claimants v News Group Newspapers Ltd & Ors [2013] EWHC 2119 (Ch) (12 July 2013)
High Court (Commercial Court)
Energy Venture Partners Ltd v Malabu Oil and Gas Ltd [2013] EWHC 2118 (Comm) (17 July 2013)
High Court (Family Division)
SB (a child), Re [2013] EWHC 2129 (Fam) (16 July 2013)
High Court (Technology and Construction Court)
Thameside Construction Company Ltd v Stevens & Anor [2013] EWHC 2071 (TCC) (17 July 2013)
Mi-Space (UK) Ltd v Lend Lease Construction (EMEA) Ltd [2013] EWHC 2001 (TCC) (16 July 2013)
Source: www.bailii.org
DL v EL (Abduction: Effect of Court Order) – WLR Daily
DL v EL (Abduction: Effect of Court Order): [2013] EWCA Civ 865; [2013] WLR (D) 285
“The lawful removal of a child from the United States to the United Kingdom pursuant to the order of a court in Texas did not become unlawful when that order was subsequently reversed by the Texan appellate court.”
WLR Daily, 16th July 2013
Source: www.iclr.co.uk
Commission of the European Union v Stichting Administratiekantoor Portielje and another – WLR Daily
“The presumption of actual influence by a parent entity holding a controlling shareholding in its subsidiary arose even where that entity was constituted in the legal form of an economically inactive foundation for the purposes of imputing liability to the parent for a subsidiary’s infringing behaviour under article 101FEU of the FEU Treaty.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
Merck Sharp Dohme Corpn and another v Teva Pharma BV and another – WLR Daily
“When considering a claim for an injunction to prevent a threatened infringement of a patent and a supplementary protection, the court had to consider whether, in all the circumstances, there was a sufficiently strong probability that an injunction was required to prevent the harm to the claimant to justify bringing the proceedings.”
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Charities Act 2011 (Commencement No. 2) Order 2013
The Growth and Infrastructure Act 2013 (Commencement No. 3 and Savings) Order 2013
The Charities Act 2011 (Principal Regulators of Exempt Charities) Regulations 2013
The Armed Forces (Financial Penalty Enforcement Orders) (Amendment) Regulations 2013
Source: www.legislation.gov.uk
Gambling watchdog disputes analysis by district judge over primary activity – Local Government Lawyer
“The Gambling Commission has publicly rejected a district judge’s suggestion in the recent Paddy Power case that primary gambling activity is an area solely for the watchdog, not licensing authorities.”
Local Governemtn Lawyer, 17th July 2013
Source: www.localgovernmentlawyer.co.uk
Consultation on draft rules in relation to non-contentious probate business in England and Wales – Judiciary of England and Wales
“This is a consultation produced by the President of the Family Division’s Working Group detailing the proposed amendments to the Non-Contentious Probate Rules 1987.”
Judiciary of England and Wales, 17th July 2013
Source: www.judiciary.gov.uk
Reform of disclosure management following R v Mouncher (Lynette White) – Crown Prosecution Service
“The Director of Public Prosecutions, Keir Starmer QC, has today published the full report by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI), undertaken at his request, into disclosure issues that arose in the case of R v Mouncher and others.”
Crown Prosecution Service, 16th July 2013
Source: www.cps.gov.uk
New DPP guidance on concurrent jurisdiction published – Crown Prosecution Service
“The CPS has today published the final guidelines for Crown Prosecutors handling cases where more than one country or jurisdiction is investigating criminal conduct.”
Crown Prosecution Service, 17th July 2013
Source: www.cps.gov.uk
Scott Stephenson: The Future of Rights Reform in the Age of the Referendum – UK Constitutional Law Group
“In the last fortnight, two major pieces of constitutional reform returned to the political agenda. The House of Commons considered Conservative MP James Wharton’s private Member’s Bill that would provide for a referendum on whether the UK should remain a member of the EU. The Bill, according to Prime Minister David Cameron, will have ‘the full support of the Conservative Party’. Several days later, senior members of the Conservative Party made statements indicating that the Party would make ‘wholesale changes’ to the country’s system of human rights protection if it obtains a majority in Parliament at the next election. Proposed changes include repeal of the Human Rights Act and withdrawal from the European Convention on Human Rights. In this post, I consider whether the former might have implications for the latter—whether the rise of the referendum could and/or should affect the future of rights reform in the UK.”
UK Constitutional Law Group, 17th July 2013
Source: www.ukconstitutionallaw.org
Insurer fined over £7m for mis-selling monthly add-on policies – OUT-LAW.com
“High Street insurer Swinton has been fined over £7 million for its ‘aggressive’ mis-selling of monthly add-on insurance policies to telephone customers, the Financial Conduct Authority (FCA) has announced.”
OUT-LAW.com, 18th July 2013
Source: www.out-law.com
School Governance – Education Law Blog
“There are two recent developments on this front.”
Education Law Blog, 17th July 2013
Source: www.education11kbw.com
Met police failing to deal effectively with racism complaints, watchdog finds – The Guardian
“A report by the police watchdog has found Scotland Yard is failing in the way it handles complaints of racism and discrimination against officers, a decade after the force vowed to stamp out prejudice in the ranks.”
The Guardian, 17th July 2013
Source: www.guardian.co.uk
Inquiry into snooping laws as committee clears GCHQ – The Guardian
“Parliament’s intelligence and security committee (ISC) is to mount an inquiry into whether the laws on ‘state snooping’ on private communications are adequate to regulate Britain’s spy agencies in the internet age.”
The Guardian, 18th July 2013
Source: www.guardian.co.uk
Community champion in court over claims she racially abused travellers – Daily Telegraph
“A pensioner renowned for her work in the community has been summonsed to court over claims she racially abused a group of travellers on green belt land in a situation she describes as a ‘humiliating’ ordeal.”
Daily Telegraph, 17th July 2013
Source: www.telegraph.co.uk
Meat tenderiser killer Mark Hall jailed for life – BBC News
“The brother in-law of a man killed with a single blow from a meat tenderiser has been jailed for life for murder.”
BBC News, 17th July 2013
Source: www.bbc.co.uk