Day: 23 January 2014
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4 (22 January 2014)
Slattery v Basildon Borough Council [2014] EWCA Civ 30 (22 January 2014)
High Court (Queen’s Bench Division)
Shearman (t/a Charles Shearman Agencies) v Hunter Boot Ltd [2014] EWHC 47 (QB) (22 January 2014)
High Court (Family Division)
Ramet, Re application for the committal to prison [2014] EWHC 56 (Fam) (22 January 2014)
Nightingale v Nightingale [2014] EWHC 77 (Fam) (17 January 2014)
High Court (Administrative Court)
Source: www.bailii.org
United Kingdom v European Parliament and another – WLR Daily
United Kingdom v European Parliament and another (Case C-270/12); [2014] WLR (D) 17
‘The powers available to ESMA under article 28 of Parliament and Council Regulation (EU) No 236/2012 of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ 2012 L86, p 1) were precisely delineated and amenable to judicial review in the light of the objectives established by the delegating authority. Accordingly, those powers did not imply that ESMA was vested with a “very large measure of discretion” that was incompatible with the FEU Treaty.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Davis and another v Price and another – WLR Daily
Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16
‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’
WLR Daily, 21st January 2014
Source: www.iclr.co.uk
Marley v Rawlings and another – WLR Daily
Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18
A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange
‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’
Halsbury’s Law Exchange, 23rd January 2014
Source: www.halsburyslawexchange.co.uk
Gardener Andrew Woodhouse who beat thieves is cleared – BBC News
‘A gardener has been cleared of causing grievous bodily harm to thieves he caught red-handed raiding his business.’
BBC News, 23rd January 2014
Source: www.bbc.co.uk
Geraldine Morris looks at the changes ahead for family law & predicts some new developments – New Law Journal
‘Lawyers may not always think of themselves as business people; family lawyers in particular are often very client focused, looking to achieve the best outcome for parties who are going through what will often be one of the worst periods of their lives. It can be hard, when weighed down with a busy caseload, to peak above the parapet and take time to reflect on how family law is changing. All businesses change over time, some faster than others. Change within the family law justice system has accelerated at an incredible pace in the last few years and 2014 will be no exception.’
New Law Journal, 22nd January 2014
Source: www.newlawjournal.co.uk
Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court
Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)
Supreme Court, 22nd January 2014
Attorney General “warned LSB about regulatory creep” but indicates no roll-back of Clementi – Legal Futures
‘The Attorney General has warned about the “danger” of regulators micro-managing the legal profession, but also indicated that the government is unlikely to roll back the Clementi reforms that led to the creation of independent regulators.’
Legal Futures, 23rd January 2014
Source: www.legalfutures.co.uk
In Conversation with Joshua Rozenberg – LSE
‘Joshua Rozenberg is Britain’s best-known commentator on the law. In 2012 he was included by The Times in its independently-judged list of the UK’s 100 most influential lawyers, the only journalist to feature in the Times Law 100.’
Video (YouTube)
LSE, 16th January 2014
Royal wedding protesters lose court appeal against Metropolitan Police – The Independent
‘Republican activists who protested at the wedding of Prince William and Kate Middleton lost a legal appeal on Wednesday, against a ruling on the conduct of the Metropolitan Police.’
The Independent, 22nd January 2014
Source: www.independent.co.uk
Marital coercion defence ‘to be scrapped’ – BBC News
‘The historical defence of marital coercion is to be abolished in England and Wales, the government has said.’
BBC News, 22nd January 2014
Source: www.bbc.co.uk
Terror controls explained – Daily Telegraph
‘Tpim controls on seven terror suspects expire this month, but what are they?’
Daily Telegraph, 23rd January 2014
Source: www.telegraph.co.uk