Day: 28 October 2013
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Laws-Chapman v R [2013] EWCA Crim 1851 (25 October 2013)
Court of Appeal (Civil Division)
Sharma v Sharma & Ors [2013] EWCA Civ 1287 (25 October 2013)
High Court (Queen’s Bench Division)
Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB) (25 October 2013)
High Court (Administrative Court)
Lewis v Three Rivers District Council [2013] EWHC 3250 (Admin) (24 October 2013)
McCarthy v Visitors to the Inns of Court & Anor [2013] EWHC 3253 (Admin) (25 October 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily
“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
PGF II SA v OMFS Co 1 Ltd – WLR Daily
PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405
“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
When a decision-maker gives retro-reasons – UK Human Rights Blog
“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
SFO could snoop on communications to uncover evidence of corruption, says director – OUT-LAW.com
“The director of the Serious Fraud Office (SFO) has warned that the agency may use powers of surveillance to uncover evidence of corruption within corporates.”
OUT-LAW.com, 25th October 2013
Source: www.out-law.com
Court of Appeal refuses anonymity for offender – UK Human Rights Blog
“Only ‘clear and cogent evidence’ that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
Needs, wants and principles – Law Society’s Gazette
“The High Court recently offered a useful starter pack in both planning and administrative law.”
Law Society’s Gazette, 28th October 2013
Source: www.lawgazette.co.uk
Phone-hacking: trial of Andy Coulson and Rebekah Brooks to begin – The Guardian
“The trial of former News International chief executive Rebekah Brooks and others linked with alleged phone-hacking at the now-defunct News of the World will begin on Monday at the Old Bailey, kicking off what is likely to be one of the longest criminal trials in recent memory.”
The Guardian, 28th October 2013
Source: www.guardian.co.uk
Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon
“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”
Panopticon, 25th October 2013
Source: www.panopticonblog.com
Christopher Symons guilty of Patricia Goodband murder – BBC News
“A man has been found guilty of murdering his business partner and throwing her down a well shaft in an attempt to gain a £1m inheritance.”
BBC News, 25th October 2013
Source: www.bbc.co.uk
Another hall of mirrors human rights story from the Telegraph – Daily Telegraph
“Yesterday saw another poor piece of human rights reporting from the Telegraph, again from Home Affairs Correspondent David Barrett. Strasbourg human rights court threatens key counter-terrorism powers. It is a typical piece of hall-of-mirrors reporting; all of the basic elements are there but presented in a distorted and inaccurate way.”
UK Human Rights Blog, 27th October 2013
Source: www.ukhumanrightsblog.com
How to: change specialisms – Law Society’s Gazette
“Grania Langdon-Down hears from practitioners who have reshaped their career by moving practice area.”
Law Society’s Gazette, 28th October 2013
Source: www.lawgazette.co.uk
More than a slip ‘twixt cup and lip – UK Human Rights Blog
“Technical evidence can sometimes be crucial to judicial decisions and this case shows how dramatic the consequences are for a family if evidence is unreliable. If the respondent in this case had not put probity before its commercial interests, a mother would have been deprived of the care of her child. Hence the importance of publishing the judgment.”
UK Human Rights Blog, 25th October 2013
Source: www.ukhumanrightsblog.com
Sender of unlawful spam messages successfully appeals against ICO’s £300,000 fine – OUT-LAW.com
“A sender of unlawful spam text messages has successfully appealed against a watchdog’s decision to fine him £300,000 over the activity after an Information Rights Tribunal ruled that insufficient damage or distress had been caused to recipients to merit the penalty being imposed.”
OUT-LAW.com, 25th October 2013
Source: www.out-law.com
Ex-officer sues Met police over alleged racist abuse – The Guardian
“The Metropolitan police is being sued by a former constable who claims he was racially abused in a three-year campaign by supervising officers.”
The Guardian, 25th October 2013
Source: www.guardian.co.uk
NHS complaints review set to report – BBC News
“A government-backed review into how the NHS in England handles complaints is set to publish its conclusions later.”
BBC News, 28th October 2013
Source: www.bbc.co.uk
Self-parking cars hit legal obstacles – Daily Telegraph
“The dream of owning a car which parks itself will have to wait until the law is changed in Britain and Europe.”
Daily Telegraph, 25th October 2013
Source: www.telegraph.co.uk
Facebook sexual groomer Arfon Roberts-Griffiths jailed – BBC News
“A man who posed as a teenager on the Facebook social network in a bid to contact schoolgirls has been jailed for two-and-a-half years.”
BBC News, 25th October 2013
Source: www.bbc.co.uk
