Month: October 2013

BAILII: Recent Decisions

Posted October 28th, 2013 in law reports by sally

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)

Lanner Parish Council, R (on the application of) v The Cornwall Council & Anor [2013] EWCA Civ 1290 (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)

Ingenious Media Holdings Plc & Anor, R (on the application of) v HM Revenue & Customs [2013] EWHC 3258 (Admin) (25 October 2013)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2013] EWHC 3059 (TCC) (25 October 2013)

Doosan Babcock Ltd & Anor v Comercializadora De Equipos Y Materiales Mabe Limitada [2013] EWHC 3201 (TCC) (24 October 2013)

BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor [2013] EWHC 3183 (TCC) (24 October 2013)

Source: www.bailii.org

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily

Posted October 28th, 2013 in appeals, charterparties, law reports, shipping law by sally

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723; [2013] WLR (D) 406

“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

Posted October 28th, 2013 in appeals, costs, dispute resolution, landlord & tenant, law reports, part 36 offers, repairs by sally

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

Posted October 28th, 2013 in appeals, housing, judicial review, local government, news, planning, reasons by sally

“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.”

Full story

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

Posted October 28th, 2013 in bribery, corruption, electronic mail, fraud, interception, internet, investigatory powers, news, privacy, Serious Fraud Office, telecommunications by sally

“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.”

Full story

OUT-LAW.com, 25th October 2013

Source: www.out-law.com

Court of Appeal refuses anonymity for offender – UK Human Rights Blog

Posted October 28th, 2013 in anonymity, appeals, drug offences, families, harassment, human rights, judicial review, media, news, rape, reporting restrictions by sally

“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.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

Needs, wants and principles – Law Society’s Gazette

Posted October 28th, 2013 in Administrative Court, environmental protection, local government, news, planning, public interest by sally

“The High Court recently offered a useful starter pack in both planning and administrative law.”

Full story

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

Posted October 28th, 2013 in conspiracy, interception, media, misfeasance in public office, news, perverting the course of justice, telecommunications, trials by sally

“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.”

Full story

The Guardian, 28th October 2013

Source: www.guardian.co.uk

Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“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.”

Full story

Panopticon, 25th October 2013

Source: www.panopticonblog.com

‘Family Law Reform: Some Missing Views’ by Rebekah Wilson – Garden Court Family Law Blog

Posted October 28th, 2013 in adoption, barristers, budgets, care orders, children, families, family courts, fees, legal aid, legal representation, news, solicitors by sally

“It is with interest, as a barrister committed to representation of parties in care proceedings that I read the monthly, View from the President’s Chambers (available online). And more recently an interview with the President himself in Counsel Magazine (Justic Delayed is Justice Denied, Chris McWatters talks to Sir James Munby, Counsel October 2013).”

Full story

Garden Court Family Law Blog, 25th October 2013

Source: www.gcfamily.wordpress.com

Christopher Symons guilty of Patricia Goodband murder – BBC News

Posted October 28th, 2013 in murder, news, perverting the course of justice, wills by sally

“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.”

Full story

BBC News, 25th October 2013

Source: www.bbc.co.uk

Another hall of mirrors human rights story from the Telegraph – Daily Telegraph

Posted October 28th, 2013 in airports, bills, human rights, intelligence services, investigatory powers, media, news, police, select committees, stop and search, terrorism by sally

“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.”

Full story

UK Human Rights Blog, 27th October 2013

Source: www.ukhumanrightsblog.com

​How to: change specialisms – Law Society’s Gazette

Posted October 28th, 2013 in legal profession, news, solicitors by sally

“Grania Langdon-Down hears from practitioners who have reshaped their career by moving practice area.”

Full story

Law Society’s Gazette, 28th October 2013

Source: www.lawgazette.co.uk

More than a slip ‘twixt cup and lip – UK Human Rights Blog

Posted October 28th, 2013 in alcohol abuse, care orders, costs, evidence, families, forensic science, judgments, news, public interest by sally

“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.”

Full story

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

Posted October 28th, 2013 in advertising, appeals, fines, news, ombudsmen, privacy, telecommunications by sally

“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.”

Full story

OUT-LAW.com, 25th October 2013

Source: www.out-law.com

Ex-officer sues Met police over alleged racist abuse – The Guardian

Posted October 28th, 2013 in complaints, damages, news, ombudsmen, police, race discrimination, road traffic offences by sally

“The Metropolitan police is being sued by a former constable who claims he was racially abused in a three-year campaign by supervising officers.”

Full story

The Guardian, 25th October 2013

Source: www.guardian.co.uk

NHS complaints review set to report – BBC News

Posted October 28th, 2013 in codes of practice, complaints, delay, hospitals, inquiries, news, quality assurance, reports, standards by sally

“A government-backed review into how the NHS in England handles complaints is set to publish its conclusions later.”

Full story

BBC News, 28th October 2013

Source: www.bbc.co.uk

Self-parking cars hit legal obstacles – Daily Telegraph

Posted October 28th, 2013 in EC law, news, parking, road traffic offences by sally

“The dream of owning a car which parks itself will have to wait until the law is changed in Britain and Europe.”

Full story

Daily Telegraph, 25th October 2013

Source: www.telegraph.co.uk

Facebook sexual groomer Arfon Roberts-Griffiths jailed – BBC News

Posted October 28th, 2013 in children, incitement, internet, news, sentencing, sexual grooming, sexual offences, sexual offences prevention orders by sally

“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.”

Full story

BBC News, 25th October 2013

Source: www.bbc.co.uk

Internet access in jails ‘can cut reoffending’ – The Independent

Posted October 28th, 2013 in internet, news, prisons, recidivists, rehabilitation by sally

“Prisoners should have access to computers and the internet to help with re-integration into society and reduce re-offending once they are released, according to research.”

Full story

The Independent, 28th October 2013

Source: www.independent.co.uk