Court of Appeal (Criminal Division)
R v DS [2014] EWCA Crim 933 (01 May 2014)
Family Court Decisions (other Judges)
Calderdale Metropolitan Borough Council v RB & Ors [2014] EWFC B62 (OJ) (21 May 2014)
Surrey County Council v H & Ors [2014] EWFC B63 (OJ) (23 May 2014)
Source: www.bailii.org
‘The police watchdog has urged the Metropolitan Police to stop an officer quitting so he can face misconduct proceedings after a death in custody.’
BBC News, 29th May 2014
Source: www.bbc.co.uk
‘Dana Baker, who represented Great Britain in karate, killed herself after “serious and systematic failings” in her care by a council that was too busy and overworked to help her.’
Daily Telegraph, 29th May 2014
Source: www.telegraph.co.uk
‘Covenants restricting use of land to particular commercial purposes are commonplace. Until recently, the potential for competition law to regulate them was limited, because “land agreements” were excluded from the reach of the Chapter I Prohibition under the Competition Act 1998. The exclusion has, however, been revoked by the Competition Act 1998 (Land Agreements Exclusion Revocation Order) 2010. The OFT has also provided guidance on the application of competition law in this field.’
Competition Bulletin from Blackstone Chambers, 30th May 2014
Source: www.competitionbulletin.com
‘Michael Wheatley, who is known as the Skull Cracker, is jailed for life for raiding building society while on the run from an open prison.’
Daily Telegraph, 29th May 2014
Source: www.telegraph.co.uk
‘A “witch doctor” who conned vulnerable people into giving her £1m to pay for spiritual cures for their serious health problems is facing a substantial jail term, a judge said on Thursday.’
The Independent, 29th May 2014
Source: www.independent.co.uk
‘Government lawyers cancel the removal of Afusat Saliu and her two daughters, after they were taken from their home in Leeds.’
The Guardian, 29th May 2014
Source: www.guardian.co.uk
‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656; [2014] WLR (D) 235
‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
‘When determining questions of compensation for loss arising as a result of a freezing order and the undertaking in damages therein, the correct approach was that the remote consequences of obtaining an injunction were not to be taken into account in assessing damages but that logical and sensible adjustments might well be required simply because the court was not awarding damages for breach of contract but was compensating for loss caused by the injunction which was wrongly granted.’
WLR Daily, 23rd May 2014
Source: www.iclr.org.uk
‘The margin of discretion afforded HM Revenue and Customs Commissioners in considering whether to disclose to a third party information about its export control functions under section 18(2)(a) and (d) of the Commissioners for Revenue and Customs Act 2005 could not be uniformly categorised and would vary according to the facts. It might be, in some circumstances, materially or even very substantially circumscribed but in other cases it might be relatively broad and there was no convincing wisdom in seeking to categorise the margin in quantitative terms that were wide, middling or narrow.’
WLR Daily, 12th May 2014
Source: www.iclr.co.uk
‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
Regina (Wiltshire Council) v Hertfordshire County Council [2014] EWCA Civ 712; [2014] WLR (D) 229
‘Where a person had been made subject to a hospital order with restrictions, then conditionally discharged, then recalled to hospital, and then conditionally discharged for a second time, for the purposes of section 117(3) of the Mental Health Act 1983 he was still to be treated as “resident in the area” of the same local authority as that in which he lived before the original hospital order was made.’
WLR Daily, 22nd May 2014
Source: www.iclr.co.uk
High Court (Administrative Court)
Sharma v General Medical Council [2014] EWHC 1471 (Admin) (22 May 2014)
Source: www.bailii.org
‘A personal assistant sacked from her job at a successful property company by her boss after his wife found out about their affair has been awarded nearly £35,000 in damages. ‘
Daily Telegraph, 29th May 2014
Source: www.telegraph.co.uk
‘The case against the only person accused of breaching last year’s badger cull injunction has been dropped.’
BBC News, 29th May 2014
Source: www.bbc.co.uk
‘John Darwin, who faked his own death in a canoeing accident, has been ordered to pay a £40,000 lump sum to the authorities after two of his pensions matured.’
The Guardian, 29th May 2014
Source: www.guardian.co.uk
Regina v Clayton [2014] EWCA Crim 1030; [2014] WLR (D) 231
‘Where there was information suggesting that an enforcement notice should not have been issued, a prosecution for breach of the notice was not open to challenge as an abuse of process because that would involve a challenge to the validity of the enforcement notice and such a challenge could be mounted only on appeal or by way of judicial review.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘A tribunal conducting asylum proceedings could admit, as expert evidence, a report by an organisation based on a telephone interview with an asylum claimant in which its analysts commented on the likelihood of that person originating from his claimed place of origin, based on the person’s dialect and answers to questions about the area in question, even though the report was in the name of the organisation rather than an individual and those contributing to it were identified only by serial numbers. However it was necessary for the tribunal in each particular case to be satisfied that the anonymity was necessary, with safeguards for the claimant in place, and that the authors of the report had demonstrated that they had relevant expertise for each matter on which they had commented.’
WLR Daily, 21st May 2014
‘In order for persons to have been “riotously and tumultuously assembled together” for the purposes of a claim under section 2(1) of the Riot (Damages) Act 1886 there had to have been a riot within the meaning of section 1 of the Public Order Act 1986. The trial judge had to conduct an inquiry, focusing on whether property had been damaged or destroyed as a result of mob violence, and carrying out an evaluative exercise to determine whether the assembly was riotous and tumultuous in the light of the primary facts as found.’
WLR Daily, 20th May 2014
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