Day: 19 February 2014

BAILII: Recent Decisions

Posted February 19th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

McLoughlin, R. v [2014] EWCA Crim 188 (18 February 2014)

Court of Appeal (Civil Division)

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 (18 February 2014)

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors [2014] EWCA Civ 12 (18 February 2014)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2014] EWHC 294 (QB) (18 February 2014)

Webley v St George’s Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

High Court (Administrative Court)

Walker v The Secretary for State for Education [2014] EWHC 267 (Admin) (14 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor [2014] EWHC 102 (Admin) (18 February 2014)

Source: www.bailii.org

Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog

Posted February 19th, 2014 in appeals, contracts, costs, interpretation, legal aid, legal representation, mental health, news, solicitors by sally

‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Couple in custody feud told: ‘sit down and have a cup of tea’ – Daily Telegraph

Posted February 19th, 2014 in children, custody, dispute resolution, news by sally

‘Man and woman embroiled in years of legal action over children suggested by judge to “sit down around the kitchen table”.’

Full story

Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Insolvency practitioners to be prevented from charging by the hour under new proposals – OUT-LAW.com

Posted February 19th, 2014 in administrators, consultations, consumer protection, disciplinary procedures, fees, fines, insolvency, news by sally

‘Administrators and other insolvency practitioners (IPs) could be prevented from charging an hourly rate for their services and could instead have to base their fees on a percentage of property dealt with under plans put forward for consultation by the Government.’

Full story

OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Aarhus: CJEU rules against UK costs regime – UK Human Rights Blog

Posted February 19th, 2014 in costs, damages, EC law, environmental protection, injunctions, news, protective costs orders by sally

‘Litigation costs are troublesome, but they are particularly difficult in environmental cases where the claimant is not necessarily pursuing his private interests. This case is the result of a long-running and successful campaign by NGOs to persuade the EU Commission to investigate UK environmental legal costs. The main finding may not bother the UK too much, because wisely it saw this one coming and changed costs rules in environmental public law cases. But a subsidiary ruling about cross-undertakings as to damages will cause the courts, if not the Government, to rethink things.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

A ton of new QCs hit the courts – Litigation Futures

Posted February 19th, 2014 in barristers, diversity, news, queen's counsel, solicitor advocates, statistics by sally

‘Exactly 100 advocates – made up of 95 barristers and five solicitors – were today named in the annual silk round.’

Full story

Litigation Futures, 19th February 2014

Source: www.litigationfutures.co.uk

OFT warns universities about sanctions on students in debt – The Guardian

Posted February 19th, 2014 in consumer protection, debts, disciplinary procedures, news, ombudsmen, universities by sally

‘The Office of Fair Trading has written to more than 170 universities and other higher education groups warning that the widespread practice of stopping students graduating or continuing with their course if they owe money over issues such as late library books or childcare services could breach consumer laws.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

Full story

NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

Full story

Legal Week, 18th February 2014

Source: www.legalweek.co.uk

Detained David Miranda loses legal battle – BBC News

Posted February 19th, 2014 in airports, appeals, detention, documents, freedom of expression, human rights, news, police, proportionality, stop and search, terrorism by sally

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

Full story

BBC News, 19th February 2014

Source: www.bbc.co.uk

Ofcom order requiring BSkyB to sell wholesale access to sports channels reinstated by Court of Appeal – OUT-LAW.com

Posted February 19th, 2014 in appeals, competition, media, news, ombudsmen, sport by sally

‘The Court of Appeal has reinstated an order made by telecoms regulator Ofcom which required pay-TV operator BSkyB (Sky) to sell wholesale access to its sports channels to rival providers at a set price.’

Full story

OUT-LAW.com, 18th February 2014

Source: www.out-law.com

Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, human rights, inquiries, local government, news, planning, Supreme Court, travellers by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

Full story

Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Azelle Rodney death: police marksman challenges unlawful killing verdict – The Guardian

Posted February 19th, 2014 in firearms, inquiries, judicial review, murder, news, police by sally

‘A “distinguished” police marksman is challenging a public inquiry ruling that he used excessive force when he killed robbery suspect Azelle Rodney.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

‘Offensive’ nude scanner app ad shown during soap banned – BBC News

Posted February 19th, 2014 in advertising, children, complaints, media, news, ombudsmen, women by sally

‘A TV advert for a “nude scanner” mobile phone app has been banned after it was shown during a prime-time show.’

Full story

BBC News, 19th February 2014

Source: www.bbc.co.uk

Whole-life jail terms loom for Lee Rigby killers Adebolajo and Adebowale, who will be sentenced next week – The Independent

Posted February 19th, 2014 in appeals, armed forces, human rights, imprisonment, jurisdiction, murder, news, sentencing by sally

‘The two men convicted of murdering Lee Rigby will be sentenced next week, after a key ruling was handed down today regarding the use of whole-life jail terms.’

Full story

The Independent, 18th February 2014

Source: www.independent.co.uk

Three London youths charged with murder before alleged victim died – The Guardian

Posted February 19th, 2014 in murder, news, prosecutions, victims, young offenders by sally

‘Prosecutors decided to charge three youths with murder before their alleged victim died, police have said.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk