‘Postal service of a claim form by the court in disregard of the claimant’s request to return the claim form to him so that he could serve it personally, in breach of CPR r 6.4(1)(b), was an “error of procedure”, within rule 3.10, and so did not invalidate service.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217
‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Lakatamia Shipping Co Ltd v Su and others [2014] EWCA Civ 636; [2014] WLR (D) 216
‘The assets of a company whose shares were entirely owned by a defendant to a standard form freezing order were not assets of the defendant, for the purposes of the order. However, since such a freezing order restrained the defendant from diminishing the value of any of his assets, which included his shareholding in such a company, it would restrain him from procuring the company to make a disposition of its assets likely to result in such a diminution.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652; [2014] WLR (D) 214
‘It was not necessary in a claim for detriment under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the independence of the relevant trade union to be established in order for an employment tribunal to have jurisdiction.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
‘Although exceptional, the power existed to grant a world-wide anti-enforcement injunction as opposed to an anti-suit injunction.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
Regina (Best) v Chief Land Registrar [2014] EWHC 1370 (Admin); [2014] WLR (D) 211
‘The criminalisation of people who were trespassers through living in a relevant residential building by pursuant to section 144(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 had not prevented time running for applications for registration of title by adverse possession.’
WLR Daily, 7th May 2014
Source: www.iclr.co.uk
Church Comrs for England v Hampshire County Council [2014] EWCA Civ 634; [2014] WLR (D) 207
‘Regulation 5(4) of the Commons (Registration of Town or Village Greens) (Interim Arrangements) (England) Regulations 2007 provided a means for curing deficiencies in an application to register land as a town or village green under section 15 of the Commons Act 2006 and once that application was so cured it was treated as duly made on the date on which the original defective application was lodged. Whether an applicant had been afforded a “reasonable opportunity” by the registration authority to put a defective application in order, for the purposes of regulation 5(4), was a question of law for the court and was not reviewable only on Wednesbury grounds.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘Newspaper publisher Newsquest does not have to remove an old article from its online archive which reports on the conviction of a man for fraud, the Information Commissioner’s Office (ICO) has ruled.’
OUT-LAW.com, 21st May 2014
Source: www.out-law.com
‘The Supreme Court has upheld a county council’s refusal to register a recreation ground – which had been provided for that purpose by another local authority – as a village green.’
Local Government Lawyer, 21st May 2014
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has upheld a ruling that Yorkshire law firm Raleys was negligent in its handling of a claim under the government compensation scheme for ex-miners suffering from vibration white finger (VWF).’
Legal Futures, 22nd May 2014
Source: www.legalfutures.co.uk
‘Article 9 of the Bill of Rights 1689 has been the subject of a variety of legal challenges. The Article, which provides (in modern parlance) that: “the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament” is usually considered to be a fundamental feature of the constitution and a cornerstone of parliamentary privilege.’
UK Constitutional Law Association, 21st May 2014
Source: www.ukconstitutionallaw.org
‘A man who stabbed his model ex-partner to death has been found guilty of her murder.’
BBC News, 21st May 2014
Source: www.bbc.co.uk
‘Home secretary says that in their handling of sensitive cases some officers had displayed ‘contempt for the public’.’
The Guardian, 21st May 2014
Source: www.guardian.co.uk
‘The Financial Conduct Authority (FCA) has won its appeal against the stay in the high-cost fraud trial known as Operation Cotton, with the Court of Appeal (CoA) ruling that proceedings should resume.’
The Lawyer, 21st May 2014
Source: www.thelawyer.com
‘The ECtHR Chamber has delivered its decision in McDonald v UK. For the reasons given below, the Court has decided that there was no breach of Article 8 ECHR following the reduction in Royal Borough of Kensington and Chelsea’s care services package for Ms McDonald, except for a period from November 2008 to November 2009, when her care needs were not met.’
NearlyLegal, 21st May 2014
Source: www.nearlylegal.co.uk
‘In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim, it declined to award any damages but did grant him an injunction.’
RPC Privacy Law, 21st May 2014
Source: www.rpc.co.uk
‘Child asylum seekers are being held in “disgraceful” conditions at Heathrow Airport, where they are often forced to sleep overnight in cramped rooms, a report published today warns.’
The Independent, 22nd May 2014
Source: www.independent.co.uk
‘David Gikawa, who murdered ex-girlfriend Linah Keza at her flat in London last year, has become the latest person convicted of a domestic violence-related killing. How common are such crimes?’
BBC News, 22nd May 2014
Source: www.bbc.co.uk
‘The police watchdog has launched investigations into the involvement of six police officers in the case of the former Lostprophets singer Ian Watkins, who is serving 35 years for a string of child offences.’
The Guardian, 21st May 2014
Source: www.guardian.co.uk
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