Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

Full story

New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 10th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Benguit, R v [2014] EWCA Crim 690 (09 April 2014)

Gjoni v R [2014] EWCA Crim 691 (09 April 2014)

Court of Appeal (Civil Division)

W (Children) (Contact Dispute) (No. 2) [2014] EWCA Civ 401 (09 April 2014)

J-M (Child) [2014] EWCA Civ 434 (08 April 2014)

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450 (09 April 2014)

Singh v The Secretary of State for the Home Department [2014] EWCA Civ 438 (09 April 2014)

High Court (Queen’s Bench Division)

Uppal v Endemol UK Ltd & Ors [2014] EWHC 1063 (QB) (09 April 2014)

Whetstone (Trading As Whelby House Dental Practice) v Medical Protection Society Limited (Sued As Dental Protection Limited) [2014] EWHC 1024 (QB) (08 April 2014)

High Court (Chancery Division)

Napier Park European Credit Opportunities Fund Lt v Harbourmaster Pro-Rata Clo 2 B.V. & Ors [2014] EWHC 1083 (Ch) (09 April 2014)

Singh v Singh & Anor [2014] EWHC 1060 (Ch) (08 April 2014)

High Court (Administrative Court)

Brazuks & Ors v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin) (09 April 2014)

Refugee Action, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 1033 (Admin) (09 April 2014)

Grenville College London Ltd & Anor, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 1065 (Admin) (09 April 2014)

Stanley College London UK Ltd, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1038 (Admin) (09 April 2014)

High Court (Family Division)

London Borough of Ealing v JM & Ors [2014] EWHC 1084 (Fam) (03 April 2014)

Luckwell v Limata [2014] EWHC 1035 (Fam) (09 April 2014)

High Court (Commercial Court)

Med Marine v Castillo Schiffahrts-Gmbh & Co. KG MS & Anor [2014] EWHC 1064 (Comm) (28 March 2014)

Source: www.bailii.org

Legal aid consultation ‘unlawful’, solicitors claim – Law Society’s Gazette

Posted April 10th, 2014 in consultations, criminal justice, illegality, legal aid, news, reports, solicitors by sally

‘Criminal solicitor groups have taken the first step towards a legal challenge to the government’s decision to press ahead with cuts to criminal legal aid.’

Full story

Law Society’s Gazette, 9th April 2014

Source: www.lawgazette.co.uk

Colin Kazim-Richards guilty of homophobic gesture at Brighton fans – The Guardian

Posted April 10th, 2014 in costs, fines, freedom of expression, homosexuality, news, obesity, sport by sally

‘The former Premier League footballer Colin Kazim-Richards was found guilty in a landmark case on Wednesday of making an “utterly disgusting” homophobic gesture at Brighton and Hove Albion fans during a football match last year.’

Full story

The Guardian, 9th April 2014

Source: www.guardian.co.uk

Anonymity protection for under age defendants expires when they are 18: High Court – UK Human Rights Blog

Posted April 10th, 2014 in anonymity, children, explosives, media, news, terrorism, young offenders by sally

‘This case raises the question whether an order made under s. 39 of the Children and Young Persons Act 1933 … prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. It has wide implications not only for young defendants but also for victims, witnesses, others concerned in proceedings and, of course, the media. [Sir Brian Leveson P, giving the judgment of the court , opening the case at para 1].’

Full story

UK Human Rights Blog, 9th April 2014

Source: www.ukhumanrightsblog.com

Marine Al Blackman appeals against conviction for killing Afghan – BBC News

Posted April 10th, 2014 in appeals, armed forces, courts martial, murder, news, sentencing by sally

‘A Royal Marine jailed for life for murdering an injured Taliban insurgent in Helmand in 2011 is appealing against his conviction and sentence.’

Full story

BBC News, 10th April 2014

Source: www.bbc.co.uk

Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

Full story

NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

Trainee solicitor jailed after starving dog to death – The Guardian

Posted April 10th, 2014 in animal cruelty, news, sentencing, solicitors by sally

‘A trainee solicitor who locked her pet dog in a kitchen and left it to suffer a prolonged and painful death over six days has been jailed for 18 weeks.’

Full story

The Guardian, 9th April 2014

Source: www.guardian.co.uk

Omar Benguit appeal fails as murder conviction upheld – BBC News

Posted April 10th, 2014 in appeals, miscarriage of justice, murder, news by sally

‘A man jailed for murdering a Korean student has had his conviction upheld, despite claiming a convicted serial killer could have been the culprit.’

Full story

BBC News, 9th April 2014

Source: www.bbc.co.uk

Man who twice tried to kill gravely ill friend as act of mercy jailed – The Guardian

Posted April 10th, 2014 in attempted murder, attempts, euthanasia, murder, news, sentencing by sally

‘A man who twice tried to kill his gravely ill friend as an act of mercy has been jailed for 20 months by a high court judge.’

Full story

The Guardian, 9th April 2014

Source: www.guardian.co.uk

Roald Dahl museum wins tax case – The Independent

Posted April 10th, 2014 in artistic works, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘The Roald Dahl Museum and Story Centre, dedicated to celebrating the life and work of the author, has won a tax case against HM Revenue and Customs.’

Full story

The Independent, 9th April 2014

Source: www.independent.co.uk

Asylum-seeker subsistence payments defeat for government in high court – The Guardian

Posted April 10th, 2014 in asylum, benefits, costs, news, social security by sally

‘The home secretary, Theresa May, has been ordered to review the level of benefits paid to asylum seekers after the high court ruled that she acted unlawfully in freezing essential living needs payments.’

Full story

The Guardian, 9th April 2014

Source: www.guardian.co.uk