BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Source: www.bailii.org
Month: September 2013
Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily
“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”
WLR Daily, 3rd September 2013
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Tonnage Tax (Training Requirement) (Amendment) (No. 2) Regulations 2013
The Children Act 2004 (Commencement No. 9) (Wales) Order 2013
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2013
The Value Added Tax (Amendment) (No. 2) Regulations 2013
The Contaminants in Food (England) Regulations 2013
Source: www.legislation.gov.uk
High Court quashes 116-home St Albans scheme refusal – OUT-LAW.com
“A Planning Inspector was wrong to use Regional Spatial Strategy (RSS) figures as a base for a Council’s projected housing need, a High Court judge has ruled.”
OUT-LAW.com, 9th September 2013
Source: www.out-law.com
Information Commissioners against publication of names on convicted data blaggers’ list – OUT-LAW.com
“The UK’s data protection watchdog has urged the Home Affairs Select Committee
not to follow through on its promise to publish the names of companies and
individuals that allegedly hired private investigators convicted of data
‘blagging’ offences.”
OUT-LAW.com, 9th September 2013
Source: www.out-law.com
Passing off – Fenty v Topshop – NIPC Law
“Mr. Justice Birss summarized the issues in Fenty and Others v Arcadia Group Brands Ltd (t/a Topshop) and Another [2013] EWHC 2310 (Ch), [2013] WLR(D) 310 admirably in paragraph [1] of his judgment in that case: ‘Topshop is a well known fashion retailer. Rihanna is a famous pop star. In March 2012 Topshop started selling a t-shirt with an image of Rihanna on it. The image was a photograph taken by an independent photographer. Topshop had a licence from the photographer but no licence from Rihanna. Rihanna contends that the sale of this t-shirt without her permission infringes her rights. Topshop does not agree. This action is the result.’ ”
NIPC Law, 10th September 2013
Source: www.nipclaw.blogspot.co.uk
Tear up Legal Services Act and start again, says LSB – Law Society’s Gazette
“The Legal Services Board wants to set in motion plans for a single, independent regulator that will cover the entire legal profession.”
Law Society’s Gazette, 10th September 2013
Source: www.lawgazette.co.uk
Kent sex assault GP Barend Delport jailed for six years – BBC News
“A GP who sexually assaulted and took intimate pictures of women and child patients has been jailed for six years.”
BBC News, 9th September 2013
Source: www.bbc.co.uk
Court of Appeal laments systemic failures in family justice – UK Human Rights Blog
“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”
UK Human Rights Blog, 9th September 2013
Source: www.ukhumanrightsblog.com
Dangerous dogs plan will mean no ‘innocent’ trespassers – BBC News
“Dog owners will be safe from prosecution under revised dangerous dogs laws if their pet attacks someone trespassing in their home – even if the ‘intruder’ is doing a good turn.”
BBC News, 9th September 2013
Source: www.bbc.co.uk
Jacintha Saldanha inquest delayed as coroner ‘seeks more information’ – The Guardian
“An inquest into the death of nurse Jacintha Saldanha following a prank phone call last year by two Australian radio hosts has been postponed for a second time.”
The Guardian, 10th September 2013
Source: www.guardian.co.uk
Detective should face gross misconduct charge over killer’s questioning – IPCC – The Guardian
“A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled.”
The Guardian, 9th September 2013
Source: www.guardian.co.uk
Father jailed for stealing to launch son’s racing career – Daily Telegraph
“A father has been jailed for stealing £600,000 from the taxpayer to try and make his son the next Lewis Hamilton.”
Daily Telegraph, 9th September 2013
Source: www.telegraph.co.uk
Deloitte fined £14m for conflict of interest over MG Rover – The Guardian
“Deloitte, one of the UK’s largest accountancy firms, has been fined a record-breaking £14m for a conflict of interest that occurred when it advised MG Rover Group and the Phoenix Four directors who bought the British carmaker before it collapsed.”
The Guardian, 9th September 2013
Source: www.guardian.co.uk
Changes to the Immigration Rules – October 2013 – UK Border Agency
“Today, Friday 6 September 2013, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules.”
UK Border Agency, 6th September 2013
Source: www.ukba.homeoffice.gov.uk
Specialist planning court proposed to boost UK business – Ministry of Justice
“A specialist planning court has been proposed by Justice Secretary Chris Grayling to help ensure crucial development projects no longer get mired in unnecessary legal delay.”
Ministry of Justice, 6th September 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Time to judge the judges, says leading peer – Litigation Futures
“The time has arrived to create a ‘small’ inspectorate – led by a High Court judge – that will evaluate judges’ courtroom performance, Lord Carlile QC has argued.”
Litigation Futures, 9th September 2013
Source: www.litigationfutures.com
Robbing Peter to Profit Paul – CrimeLine
“In December 2010 the government announced plans to close the Forensic Science Service (FSS). The FSS was the primary source of forensic expertise to prosecution authorities, and a major provider of expertise to defence lawyers – demonstrating a world class position as provider of impartial evidence to the criminal justice system. Whilst at the time of closure there was already an increasing move to outsourcing services to private forensic providers, the bulk of market share was taken by the FSS, meaning that private providers had little commercial clout. Since the demise of the FSS the position has shifted and power is split between the buyers of services (primarily the police) and the private providers. One matter of grave concern at the moment is in relation to accessing forensic material.”
CrimeLine, 9th September 2013
Source: www.crimeline.info
