Day: 25 November 2013

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by tracey

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

Full story

Panopticon, 22nd November 2013

Source: www.panopticonblog.com

Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com

Posted November 25th, 2013 in appeals, computer programs, copyright, news by tracey

‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Re-brand of imported drugs under locally used trade mark not justified, rules High Court – OUT-LAW.com

Posted November 25th, 2013 in medicines, news, trade marks by tracey

‘A drugs distributor was not justified in changing the name of products it had imported from France and Germany to sell into the UK to that of a rivals’ trade mark, the High Court has ruled.’

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OUT-LAW.com, 25th November 2013

Source: www.out-law.com

Children and Intentional Homelessness – NearlyLegal

Posted November 25th, 2013 in children, homelessness, housing, judicial review, local government, news, rent by tracey

‘Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013. What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare of children have a bearing on decisions on intentional homelessness under Housing Act 1996? While this case provides a partial answer, it was not, I think, a great case on the facts for testing the interplay of the Acts.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by tracey

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted November 25th, 2013 in legislation by tracey

The Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013

The Marine Pollution and Merchant Shipping (Revocation) Regulations 2013

The Occupational Pensions (Revaluation) Order 2013

The Localism Act 2011 (Commencement No. 3) Order 2013

Source: www.legislation.gov.uk

 

Dixons Retail plc v Revenue and Customs Commissioners – WLR Daily

Posted November 25th, 2013 in consumer credit, EC law, fraud, law reports, sale of goods, VAT by tracey

Dixons Retail plc v Revenue and Customs Commissioners: (Case C-494/12);   [2013] WLR (D)  448

‘Pursuant to articles 2(1), 5(1) and 11A(1)(a) of Sixth Council Directive 77/388/EEC and articles 2(1)(a), 14(1) and 73 of Council Directive 2006/112/EC, the physical transfer of goods to a purchaser who had fraudulently used a bank card as a means of payment constituted a “supply of goods” within the meaning of articles 2(1) and 5(1) of Directive 77/388 and articles 2(1)(a) and 14(1) of Directive 2006/112 and, in the context of such a transfer, the payment made by a third party, under an agreement concluded between it and the supplier of those goods by which the third party undertook to pay the supplier for the goods sold by the latter to purchasers using such a card as a means of payment, constituted “consideration” within the meaning of article 11A(1)(a) of Directive 77/388 and article 73 of Directive 2006/112.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre – WLR Daily

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, law reports, media by tracey

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

In re C (A Child) – WLR Daily

Posted November 25th, 2013 in case management, children, contact orders, family courts, law reports, service by tracey

In re C (A Child): [2013] EWCA Civ 1412;   [2013] WLR (D)  449

‘The Court of Appeal gave guidance as to the proper approach to be adopted in family proceedings when considering a without notice application for a prohibited steps order and the making of a contact order.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 25th, 2013 in law reports by tracey

Supreme Court

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)

Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)

Court of Appeal (Civil Division)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2013] EWCA Civ 1512 (22 November 2013)

Gabriel v Little & Ors [2013] EWCA Civ 1513 (22 November 2013)

High Court (Administrative Court)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 4) [2013] EWHC 3573 (Admin) (22 November 2013)

Stadium Capital Holdings No 2 Ltd & Anor v Secretary of State for Communities & Anor [2013] EWHC 3548 (Admin) (22 November 2013)

Scrivens v Secretary of State for Communities & Local Government [2013] EWHC 3549 (Admin) (22 November 2013)

High Court (Family Division)

Young v Young [2013] EWHC 3637 (Fam) (22 November 2013)

Tchenquiz -Imerman v Imerman [2013] EWHC 3627 (Fam) (22 November 2013)

High Court (Queen’s Bench Division)

X Y Z v Various companies (PIP Breast Implant Litigation) [2013] EWHC 3643 (QB) (22 November 2013)

Wicks v Parkin & Ors [2013] EWHC 3671 (QB) (22 November 2013)

Source: www.bailii.org

Criminal bar ‘slowly being destroyed’, says judge – Law Society’s Gazette

Posted November 25th, 2013 in barristers, budgets, criminal justice, legal aid, news by tracey

‘Dispensing justice will become “impossible” if the “erosion” of the criminal bar continues, a Crown court judge warned at the end of a multi-million-pound drugs and firearms trial.’

Full story

Law Society’s Gazette, 23rd November 2013

Source: www.lawgazette.co.uk

Are the Alarm Bells Ringing? Identifying a potential Hague Convention case and responding appropriately – Family Law Week

Posted November 25th, 2013 in child abduction, conflict of laws, foreign jurisdictions, news by tracey

‘Mandeep Gill, associate solicitor with The International Family Law Group LLP, considers the recent cautionary reminder given by Mr Justice Bodey that all practitioners must be able to identify whether there are potential Hague Convention implications in any children case with an international element.’

Full story

Family Law week, 22nd November 2013

Source:  www.familylawweek.co.uk

Street performers mount legal challenge against Camden council’s decision to licence busking – The Independent

Posted November 25th, 2013 in licensing, local government, London, news, performing arts by tracey

‘Camden council’s decision to licence busking across the borough faces a legal challenge from the Association of Street Artists and Performers.’

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The Independent, 22nd November 2013

Source: www.independent.co.uk

Treasury inquiry announced into Co-op Bank turmoil as Paul Flowers bailed – The Independent

Posted November 25th, 2013 in banking, drug offences, inquiries, news by tracey

‘An independent Treasury inquiry into the turmoil at the Co-operative Bank, including the appointment of Paul Flowers as its chairman, was announced tonight by Chancellor George Osborne.’

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The Independent, 22nd November 2013

Source: www.independent.co.uk

Former Met police chief calls for more local ‘bobbies on the beat’ – The Guardian

Posted November 25th, 2013 in crime prevention, news, police by tracey

‘Lord Stevens says frontline officers should do more than just react to criminality and must be more visible and proactive in communities.’

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The Guardian, 24th November 2013

Source: www.guardian.co.uk

MoD pays out £100,000 to female RAF recruits injured from marching in step with the men – The Independent

Posted November 25th, 2013 in armed forces, compensation, news, personal injuries, women by tracey

‘Three female RAF recruits have each been given £100,000 by the Ministry of Defence after incurring injuries from marching in step with their male colleagues.’

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The Independent, 24th November 2013

Source: www.independent.co.uk

Tenerife killer’s Glan Clwyd Hospital care faces inquiry – BBC News

Posted November 25th, 2013 in dangerous driving, hospitals, inquiries, mental health, news by tracey

‘An inquiry is to be held into how a man with paranoid schizophrenia was released from a Denbighshire hospital only to murder a woman in Tenerife.’

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BBC News, 25th November 2013

Source: www.bbc.co.uk

Violent history of partners to be disclosed as Clare’s Law rolled out nationwide – Daily Telegraph

Posted November 25th, 2013 in criminal records, disclosure, domestic violence, news, police by tracey

‘A pilot scheme to protect women from violent partners, known as Clare’s Law, is to be rolled out nationwide. Theresa May, the Home Secretary, is expected to announce the full implementation of the law which forces police to disclose details of a person’s violent past if their partner requests it.’

Full story

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk