Month: November 2013
Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily
“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”
WLR Daily, 8th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Scott v Russell [2013] EWCA Civ 1432 (12 November 2013)
WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWCA Civ 1377 (12 November 2013)
Court of Appeal (Criminal Division)
Leacock & Ors, R v [2013] EWCA Crim 1994 (12 November 2013)
High Court (Administrative Court)
Source: www.bailii.org
Aiden Elmore jailed over Willenhall flat fire murder – BBC News
“A man who killed a pensioner when he set fire to a block of flats has been jailed for at least 21 years.”
BBC News, 12th November 2013
Source: www.bbc.co.uk
Bomb detector conman James McCormick loses appeal bid – BBC News
“A UK businessman who sold fake bomb detectors around the world has lost a challenge against his 10-year sentence.”
BBC News, 12th November 2013
Source: www.bbc.co.uk
Mother loses fight to home-school disabled son – Daily Telegraph
“A mother has lost her legal battle to be allowed to teach her disabled son at home after a senior judge ruled that he had to live 100 miles away to receive specialist education.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
Legal bid over swine flu jab link to narcolepsy – Daily Telegraph
“A group of 38 British people who developed narcolepsy after receiving the ‘Pandemrix’ swine flu vaccine have launched a legal claim against its manufacturer.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
Sudanese sex offender wins damages for being held in custody too long – The Guardian
“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”
Thr Guardian, 12th November 2013
Source: www.guardian.co.uk
Pay a fee to skip the passport queue, under new Home Office plans – Daily Telegraph
” British holidaymakers and business travellers who pay an extra fee to the Home Office will be allowed to skip the passport queue at the airport, under new plans outlined by the Home Office on Tuesday. A consultation paper said ministers were drawing up plans to extend ‘premium fast-track processing’ which is currently only available to some first and business class passengers at Heathrow. The proposal is one of a number of new ideas being floated to cover more of the immigration service’s costs by raising more revenue from passengers.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
Paralysed Tinsley House detainee sues for damages – BBC News
“A man who broke his spine when he deliberately ran into a brick wall while in detention awaiting deportation is suing for damages.”
BBC News, 13th November 2013
Source: www.bbc.co.uk
Housebuilders can win permission direct from ministers if councils are too slow – Daily Telegraph
“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”
Daily Telegraph, 13th November 2013
Source: www.telegraph.co.uk
Mother Natasha Sultan spared jail for killing her baby – Daily Telegraph
“A mother who admitted killing her baby daughter while she was ‘in a maelstrom of fatigue and mental disorder’ caused by postnatal depression has been spared jail.”
Daily Telegraph, 12th November 2013
Source: www.telegraph.co.uk
Damian Green’s digital pathfinders – speech by Damian Green
“Speech given by Policing Minister Damian Green on Monday 11 November 2013 to the College of Policing’s digital pathfinders conference.”
Ministry of Justice, 11th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Rogue PPI claim companies targeted by fines and toughened regulations – Ministry of Justice
“Claims firms which use information gathered by unsolicited calls and texts or who provide poor quality services will face large fines under law changes announced by the Government today.”
Ministry of Justice, 12th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
City solicitors urge MoJ to withdraw “premature” consultation on defamation costs protection – Litigation Futures
“City solicitors have urged the Ministry of Justice (MoJ) to withdraw its consultation on costs protection in defamation and privacy claims because it does not deal with the central issue of how eligibility for protection will be assessed.”
Litigation Futures, 7th November 2013
Source: www.litigationfutures.com
Targeted consultation on immigration and visa charging principles – Home Office
“Targeted consultation on immigration and visa charging principles.”
Home Office, 12th November 2013
Source: www.gov.uk/home-office
Watch that Charter – UK Human Rights Blog
“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”
UK Human Rights Blog, 8th November 2013
Source: www.ukhumanrightsblog.com
Hospital closures and the rule of law – UK Human Rights Blog
“Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013. It takes a bit of time to close a hospital or make major changes to it. This is because you must go through a complicated set of consultations with all those likely to be affected before action can be taken. Many, if not most, people say this is a good thing, and Parliament has embedded these duties of consultation in the law.”
UK Human Rights Blog, 8th November 2013
Source: www.ukhumanrightsblog.com
Sex in the IPT – Panopticon
“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”
Panopticon, 8th November 2013
Source: www.panopticonblog.com
