Police lose A19 ‘forced retirement’ challenge – BBC News
“A regulation allowing police forces to forcibly retire officers after 30 years’
service is not unlawful, the High Court has ruled.”
BBC News, 25th July 2013
Source: www.bbc.co.uk
Day: 25 July 2013
Prince Charles’s letters: judges allow appeal against block on publication – The Guardian
“High court judges give the Guardian right to challenge cabinet move to keep secret so-called ‘black spider memos.’ ”
The Guardian, 25th July 2013
Source: www.guardian.co.uk
Danny Nightingale avoids jail over possession of pistol and ammunition – The Guardian
“Ex-SAS sniper gets two-year suspended sentence for illegally possessing Glock 9mm and 300 rounds.”
The Guardian, 25th July 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Nortel Companies & Ors, Re [2013] UKSC 52 (24 July 2013)
Modaresi, R (on the application of) v Secretary of State for Health [2013] UKSC 53 (24 July 2013)
Court of Appeal (Civil Division)
Great Elephant Corp v Trafigura Beheer BV & Ors [2013] EWCA Civ 905 (25 July 2013)
Lupofresh Ltd v Sapporo Breweries Ltd [2013] EWCA Civ 948 (25 July 2013)
Tulane Education Fund, Re [2013] EWCA Civ 890 (24 July 2013)
X, R (on the application of) v London Borough of Tower Hamlets [2013] EWCA Civ 904 (24 July 2013)
HS2 Action Alliance Ltd & Ors v Secretary of State for Transport [2013] EWCA Civ 920 (24 July 2013)
Neumans LLP (A Firm) v Andronikou & Ors [2013] EWCA Civ 916 (24 July 2013)
Court of Appeal (Criminal Division)
Sale R. v [2013] EWCA Crim 1306 (25 July 2013)
IA & Ors, R. v [2013] EWCA Crim 1308 (25 July 2013)
High Court (Administrative Court)
Khan v The General Medical Council [2013] EWHC 2187 (Admin) (24 July 2013)
High Court (Chancery Division)
Boxing Brands Ltd v Sports Direct International Plc & Ors [2013] EWHC 2200 (Ch) (25 July 2013)
High Court (Commercial Court)
Marex Financial Ltd v Creative Finance Ltd & Anor [2013] EWHC 2155 (Comm) (25 July 2013)
Pagel & Anor v Farman [2013] EWHC 2210 (Comm) (24 July 2013)
High Court (Queen’s Bench Division)
Gary Flood v Times Newspapers Ltd [2013] EWHC 2182 (QB) (25 July 2013)
Vava & Ors v Anglo American South Africa Ltd [2013] EWHC 2131 (QB) (24 July 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
In re Portsmouth City Football Club Ltd (in liquidation); Neumans LLP (a firm) v Andronikou and others – WLR Daily
“Where solicitors had acted for a company in connection with its opposition to a winding up petition but had ceased to act for the company by the time the company went into out of court administration, the court had no power under the Insolvency Rules 1986 or under the inherent jurisdiction of the court to direct that fees which the company owed to the solicitors were an expense of the administration.”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
In re Nortel GmbH (in administration) and related companies; In re Lehman Brothers International (Europe) (in administration) and related companies (Nos 1 and 2) – WLR Daily
“A company’s liabilities arising from financial support directions or contribution notices issued by the Pensions Regulator under the Pensions Act 2004 after the company had gone into administration, which required the company to put in place financial support for an occupational pension scheme, did not rank as an expense of the administration under rule 2.67(1)(f) of the Insolvency Rules 1986. However, where by the date on which the company went into administration it had for the preceding two years been vulnerable to a liability under a pension scheme, that liability was an obligation which ranked in the administration as a provable debt of the company.”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Council fails in Court of Appeal bid to overturn kinship carer fees ruling – Local Government Lawyer
“A London borough has failed in a Court of Appeal bid to overturn a ruling that its policy of differential treatment of family foster carers and unrelated foster carers was unlawful.”
Local Government Lawyer, 25th July 2013
Spurce: www.localgovernmentlawyer.co.uk
Court of Appeal commends short rulings as way to cut “soaring costs of litigants” – Litigation Futures
“Short, old-style rulings that lay out the legal propositions relevant to the case and the conclusions reached by applying them should help reduce the cost litigation, the Court of Appeal has suggested.”
Litigation Futures, 25th July 2013
Source: www.litigationfutures.com
Nortel decision restores claims by the Pensions Regulator to position envisaged by Parliament, expert says – OUT-LAW.com
“Claims by the Pensions Regulator in relation to an insolvent company’s pension scheme rank as provable debts alongside the claims of other unsecured creditors, the UK’s highest court has ruled.24 Jul 2013.”
OUT-LAW.com, 24th July 2013
Source: www.out-law.com
Competition Commission backs away from mandatory rotation in preliminary report on audit market – OUT-LAW.com
“The Competition Commission (CC) has decided against forcing companies to rotate their statutory auditors regularly and has signalled that they should instead put their auditing needs out to tender at least every five years.”
OUT-LAW.com, 24th July 2013
Source: www.out-law.com
The implications for access to justice of the Government’s proposed legal aid reforms – Joint Committee on Human Rights
“The Joint Committee on Human Rights, chaired by Dr Hywel Francis MP, is today launching an inquiry into the implications for access to justice of certain of the Government’s proposals to reform legal aid, as set out in its Consultation Paper Transforming Legal Aid: delivering a more credible and efficient system.”
Joint Committee on Human Rights, 18th July 2013
Source: www.parliament.uk
MoJ proposes online scheme for asbestos victims – Law Society’s Gazette
“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”
Law Society’s Gazette, 24th July 2013
Source: www.lawgazette.co.uk
Children: Public Law Update (July 2013) – Family Law Week
“John Tughan, barrister of 4 Paper Buildings, examines some important recent judgments of particular interest to public law children lawyers.”
Family Law Week, 24th July 2013
Source: www.familylawweek.co.uk
How far should our courts venture onto the battlefield? – The Guardian
“If you think there are clear rules governing the UK’s use of armed force, you would be wrong.”
The Guardian, 24th July 2013
Source: www.guardian.co.uk
Whiplash drives false insurance claims to £1bn – Daily Telegraph
“Fraud uncovered by the country’s insurers has topped £1 billion for the first time, with 340 questionable claims detected every day.”
Daily Telegraph, 24th July 2013
Source: www.telegraph.co.uk
Teenager convicted of starting fatal fire – The Guardian
“Dyson Allen, 19, faces prison sentence after being found guilty of manslaughter of four siblings in Lancashire.”
The Guardian, 24th July 2013
Source: www.guardian.co.uk
