Day: 9 October 2013
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Finnigan v Northumbria Police [2013] EWCA Civ 1191 (08 October 2013)
MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192 (08 October 2013)
High Court (Queen’s Bench Division)
Sargespace Ltd v Eustace [2013] EWHC 2944 (QB) (03 October 2013)
Cuccolini S.R.L v Elcan Industries Inc [2013] EWHC 2994 (QB) (08 October 2013)
High Court (Chancery Division)
Walton Homes Ltd v Staffordshire County Council [2013] EWHC 2554 (Ch) (08 October 2013)
Source: www.bailii.org
Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily
“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”
WLR Daily, 3rd October 2013
Source: www.iclr.co.uk
Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court
Supreme Court, 9th October 2013
Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court
Supreme Court, 9th October 2013
Analysis: HMP Oakwood report – BBC News
“The official website for HMP Oakwood says that it wants to ‘inspire, motivate and guide prisoners to become the best they can be.'”
BBC News, 8th October 2013
Source: www.bbc.co.uk
High Court grants injunction to losing bidder over £1bn waste contract award – Local Government Lawyer
“A High Court judge has granted an energy company an injunction preventing a waste authority from entering into a £1bn+ resource recovery contract (RRC) with a rival business.”
Local Government Lawyer, 8th October 2013
Source: www.localgovernmentlawyer.co.uk
Parties to civil litigation need more guidance on costs, says expert, as High Court declines to approve “disproportionate” budgets – OUT-LAW.com
“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
Failure to respond to FOI request more promptly than ‘long stop’ 20 days deadline needs to be justified, says watchdog – OUT-LAW.com
“Public authorities may need to maintain a record to justify why they are unable to respond to freedom of information (FOI) requests more promptly than within 20 working days after the Information Commissioner’s Office (ICO) released new guidance.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
Watchdog warning over ‘unnecessary’ gagging clauses – BBC News
“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”
BBC News, 8th October 2013
Source: www.bbc.co.uk
Why Mrs Litvinenko did not get her PCO – but what if it had been an environmental claim? – UK Human Rights Blog
“An extraordinary story which would have raised our eyebrows at its implausibility had it come from our spy novelists. In late 2006, Alexander Litvinenko was murdered by polonium-210 given to him in London. He was an ex-Russian Federation FSB agent, but by then was a UK citizen. He had accused Putin of the murder of the journalist Anna Politovskaya. He may or may not have been working for MI6 at the time of his death. The prime suspects for the killing are in Russia, not willing to help the UK with its inquiries. But rightly, in one form or another, we want to know what really happened.”
UK Human Rights Blog, 9th October 2013
Source: www.ukhumanrightsblog.com
Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures
“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”
Litigation Futures, 9th October 2013
Source: www.litigationfutures.com
Wife of Gurkha soldier murdered by serial sex attacker on hunt for woman to rape – Daily Telegraph
“A serial sex attacker, who went looking for a woman to rape before murdering the wife of a Gurkha soldier, has been jailed for life by a judge who described him as a ‘very dangerous man’.”
Daily Telegraph, 9th October 2013
Source: www.telegraph.co.uk
House of Lords reform – time for evolution rather than revolution? – Halsbury’s Law Exchange
“When the House of Lords returns from recess in October, they will begin to welcome the 30 new peers announced at the beginning of August, including such diverse figures as paralympian Chris Holmes, racism campaigner Doreen Lawrence and Ministry of Sound co-founder James Palumbo. These 30 new peers (14 Conservative, ten Liberal Democrats, five Labour and one Green) will see the Conservatives again become the biggest bloc (with 222 peers, one ahead of Labour) and take the number of currently eligible sitting peers to 783. While such a size led to many comments about the ballooning size of the House (such as ‘New faces push the supersized House of Lords towards 1,000’ The Times August 2, 2013), this figure – which excludes those on leave of absence and those ineligible due to offices held – is actually lower than the figures as at March 2011 and March 2012. However, the annual reports of the House do show average attendance has increased by over a third in the last decade (from the mid-300s to the high 400s) and reflecting changing party balance in the House of Commons through creations is undoubtedly set to increase the size of the House of Lords (particularly if the parties fortunes ebb and flow; on this point see, eg, Michael White (Guardian, 17/5/2010) and the Electoral Reform Society 2013 report ‘The Super-Sized Second Chamber’). Thus among the Bills set to be scrutinised in the remainder of this session are no fewer than three House of Lords Reform Private Members’ Bills (PMBs) which seek to restrict the size of the House, Nick Clegg’s revolutionary – and much criticised – reform having been abandoned last year (at least until the next election).”
Halsbury’s Law Exchange, 8th October 2013
Source: www.halsburyslawexchange.co.uk
Who, what, why: What’s behind the idea of banning 10-packs of cigarettes? – BBC News
“Euro MPs have voted to ban the sale of packs of 10 cigarettes as part of a general tightening of the law. Why?”
BBC News, 8th October 2013
Source: www.bbc.co.uk
Baby P’s mother Tracey Connelly to be released from prison – The Guardian
“The mother of Peter Connelly, the toddler known as Baby P who died with more than 50 injuries despite being on the at-risk register, has been recommended for release from prison by the Parole Board.”
The Guardian, 8th October 2013
Source: www.guardian.co.uk
