Stephen Lawrence barrister to become director of public prosecutions – The Guardian
“Alison Saunders will become only second female DPP when she replaces Keir Starmer later this year.”
The Guardian, 23rd July 2013
Source: www.guardian.co.uk
Day: 23 July 2013
Deutsche Umwelthilfe eV v Federal Republic of Germany – WLR Daily
Deutsche Umwelthilfe eV v Federal Republic of Germany: (Case C-515/11); [2013] WLR (D) 291
“Pursuant to the first sentence of the second subparagraph of article 2(2) of Parliament and Council Directive 2003/4/EC of 28 January 2003 on public access to environmental information, the option given to member states by that provision of not regarding ‘bodies or institutions acting in a … legislative capacity’ as public authorities, required to allow access to the environmental information which they held, could not be applied to ministries when they prepared and adopted normative regulations which were of a lower rank than a law.”
WLR Daily 18th July 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Arnold v Britton & Ors [2013] EWCA Civ 902 (22 July 2013)
Fairstar Heavy Transport NV v Adkins & Anor [2013] EWCA Civ 886 (19 July 2013)
Trustees of the Coventry School Foundation v Whitehouse & Ors [2013] EWCA Civ 885 (18 July 2013)
Court of Appeal (Criminal Division)
Bestel & Ors v R [2013] EWCA Crim 1305 (19 July 2013)
High Court (Administrative Court)
Extreme Oyster & Anor v Guildford Borough Council [2013] EWHC 2174 (Admin) (22 July 2013)
Webb v Solicitors Regulation Authority [2013] EWHC 2078 (Admin) (19 July 2013)
High Court (Chancery Division)
Ghassemian v Tigris Industries Inc [2013] EWHC 2170 (Ch) (22 July 2013)
Masters v Barclays Bank Plc [2013] EWHC 2166 (Ch) (19 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 (Queen’s Bench Division)
Newbury v Sun Microsystems [2013] EWHC 2180 (QB) (22 July 2013)
AP (UK) Ltd v West Midland Fire & Civil Defence Authority [2013] EWHC 385 (QB) (22 July 2013)
Charles Stanley & Co Ltd v Adams [2013] EWHC 2137 (QB) (19 July 2013)
High Court (Technology and Construction Court)
Corelogic Ltd v Bristol City Council [2013] EWHC 2088 (TCC) (18 July 2013)
Source: www.bailii.org
Regina (New London College Ltd) v Secretary of State for the Home Department (Migrants’ Rights Network and another intervening); Regina (West London Vocational Training College) v Same – WLR Daily
“The requirement, laid down under section 3(2) of the Immigration Act 1971, that rules affecting immigrants be laid before Parliament before they became lawful applied to rules which a migrant had to fulfil as a condition of his obtaining leave to enter or remain in the United Kingdom and did not apply to rules which an educational establishment had to fulfil before it was entitled to sponsor students from outside the European Economic Area.”
WLR Daily, 17th July 2013
Source: www.iclr.co.uk
Green—Swan Pharmaceuticals CR, as v Státni zemědělská a potravinářská inspekce, ústředni inspektorát (Case C-299/12) – WLR Daily
“In order to be considered a prohibited ‘reduction in disease’ claim within the meaning of article 2(2)(6) of Parliament and Council Regulation (EC) No 1924/2006 on nutrition and health claims made on foods (OJ 2006 L404, p 9) as amended, there was no requirement that the claim expressly state that the consumption of a category of food, a food or one of its constituents “significantly” reduced a risk factor in the development of a human disease. Moreover, pursuant to the transitional measures in article 28(2) of the Regulation, a commercial communication appearing on the packaging of a food could constitute a trade mark or brand name thereby attracting the protection afforded by the transitional provisions, provided that it was protected, as a mark or name, by the applicable legislation, that question being for the national court to determine. The benefit of article 28(2) applied only to foods bearing a trade mark or brand name which fell to be considered a nutrition or health claim within the meaning of the Regulation and which, in that form, existed before 1 January 2005.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily
Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)
“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”
WLR Daily, 9th May 2013
Source: www.iclr.co.uk
Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily
Regina v Bestel; Regina v Raza; Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296
“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”
WLR Daily, 19th July 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Annual Tax on Enveloped Dwellings (Returns) Regulations 2013
The Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2013
The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013
The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2013
The Adoption (Recognition of Overseas Adoptions) Order 2013
The Access to the Countryside (Maps) (England) Regulations 2013
The Tower Hamlets (Electoral Changes) Order 2013
The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2013
The Life Insurance Qualifying Policies (Statement and Reporting Requirements) Regulations 2013
The Gaming Duty (Amendment) Regulations 2013
The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2013
The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2013
The Temporary Non-Residence (Miscellaneous Amendments) Regulations 2013
Source: www.legislation.gov.uk
Part 36 to the fore in this month’s costs cases round-up – Litigation Futures
“Our monthly summary of key costs-related court decisions.”
Litigation Futures, 19th July 2013
Source: www.litigationfutures.com
Insanity and Automatism – Law Commission
“We have published a discussion paper examining the rules governing the defences of insanity and automatism.”
Law Commission, 23rd July 2013
Source: www.justice.gov.uk/lawcommission
The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace – Judiciary of England and Wales
“The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace.”
Judiciary of England and Wales, 18th July 2013
Source: www.judiciary.gov.uk
Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup – UK Human Rights Blog
“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”
UK Human Rights Blog, 23rd July 2013
Source: www.ukhumanrightsblog.com
Mike Gordon: Prince Charles’ Correspondence Back in Court – Reflections on R. (Evans) v. Attorney General – UK Constitutional Law Group
“The Administrative Court is the latest body to become involved in the on-going saga related to disclosure of the Prince of Wales’ correspondence with government departments. In the recent case of R. (Evans) v. Attorney General [2013] EWHC 1960 (Admin), the Guardian journalist Rob Evans challenged the legality of the government’s decision to veto disclosure of the relevant correspondence between Prince Charles and a range of government ministers. Disclosure of most of this material had been ordered under the Freedom of Information Act 2000 (FOIA) by the Upper Tribunal, allowing an appeal from Evans against the earlier decision of the Information Commissioner that the correspondence sought could be withheld.”
UK Constitutional Law Group, 22nd July 2013
Source: www.ukconstitutionallaw.org
Supreme Court to rule on pension scheme insolvency ranking next week – OUT-LAW.com
“The UK’s highest court will rule on whether an insolvent company’s pension schemes can take priority over other company debts on Wednesday, according to its website.”
OUT-LAW.com, 19th July 2013
Source: www.out-law.com
High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com
“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”
OUT-LAW.com, 19th July 2013
Source: www.out-law.com
Alan Turing: the stain should not be erased – Head of Legal
“The government has said it will support Lord Sharkey’s bill aimed at giving a posthumous statutory pardon to Alan Turing for an offence under section 11 of the Criminal Law Amendment Act 1885. I need say nothing about Turing’s achievements and greatness, which are beyond dispute. He was treated with disgraceful cruelty and ingratitude by this country, and in particular by its law and criminal justice system, when he was convicted and sentenced for that offence, after which he took his own life. But I’m opposed to this bill and this pardon.”
Head of Legal, 22nd July 2013
Source: www.headoflegal.com
Beware the overriding objective! – New Law Journal
“Dominic Regan calls attention to the revised CPR 1.”
New Law Journal, 22nd July 2013
Source: www.newlawjournal.co.uk
Leylandii row: man wins appeal after spraying hedge-cutting neighbour with hosepipe – Daily Telegraph
“A man who sprayed water in the face of his neighbour as she trimmed a Leylandii hedge has had a conviction of battery overturned on appeal after a judge ruled it was an accident.”
Daily Telegraph, 22nd July 2013
Source: www.telegraph.co.uk
