Month: May 2014

This is what we always meant – NearlyLegal

Posted May 27th, 2014 in case management, civil procedure rules, news, sanctions by sally

‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’

Full story

NearlyLegal, 23rd May 2014

Source: www.nearlylegal.co.uk

Lord Leveson warns against ‘CSI effect’ in barring crime solving – Daily Telegraph

Posted May 27th, 2014 in forensic science, judges, news, speeches, witnesses by sally

‘Lord Leveson has warned against people believing crimes are solved just by forensic scientists and not by people coming forward, like they are on television’

Full story

Daily Telegraph, 25th May 2014

Source: www.telegraph.co.uk

Teacher paid £23,000 compensation for slipping in puddle – Daily Telegraph

Posted May 27th, 2014 in compensation, news, personal injuries, teachers by sally

‘A teacher won a case for £23,000 in compensation after claiming to have suffered injuries after slipping in a puddle at school.’

Full story

Daily Telegraph, 27th May 2014

Source: www.telegraph.co.uk

Slovak parents fail to block adoption by gay couple – BBC News

Posted May 27th, 2014 in adoption, families, homosexuality, human rights, news by sally

‘Two Slovakian parents have failed to block the adoption of two of their sons by a same sex couple in Kent.’

Full story

BBC News, 24th May 2014

Source: www.bbc.co.uk

MoD denies access to files for Deepcut soldier’s family – The Guardian

Posted May 27th, 2014 in armed forces, disclosure, evidence, freedom of information, news, suicide by sally

‘The family of a teenage soldier who died after being shot twice in the head at the Deepcut barracks have been denied access to a cache of files they believe could shed light on his death, the Guardian can reveal.’

Full story

The Guardian, 26th May 2014

Source: www.guardian.co.uk

Court threat for couple for putting up Wendy house in garden – Daily Telegraph

Posted May 27th, 2014 in enforcement notices, news, planning, retrospectivity by sally

‘Couple told they must pay £170 to get planning permission for their childrens’ wendy house or face prosecution.’

Full story

Daily Telegraph, 26th May 2014

Source: www.telegraph.co.uk

People’s burial wishes should be registered to avoid arguments, say legal experts – The Independent

Posted May 27th, 2014 in burials and cremation, news, wills by sally

‘Whether it’s wanting to be buried in a biodegradable coffin, having your ashes scattered over Anfield, or being laid to rest in a royal crypt, most of us have strong feelings about what happens to our bodies after death. Now legal experts are proposing to make those wishes legally binding for the first time.’

Full story

The Independent, 25th May 2014

Source: www.independent.co.uk

High Court makes adoption call for baby with no name – BBC News

Posted May 27th, 2014 in adoption, care orders, learning difficulties, names, news, social services by sally

‘A baby with no name is to be placed for adoption after a High Court judge highlighted concerns about his father’s hostility to social workers.’

Full story

BBC News, 25th May 2014

Source: www.bbc.co.uk

Parents seek judicial review of term-time holiday crackdown – The Guardian

Posted May 27th, 2014 in holidays, judicial review, news, school children by sally

‘Campaigners are seeking permission for a judicial review of the government’s crackdown on parents taking their children out of school during term time.’

Full story

The Guardian, 25th May 2014

Source: www.guardian.co.uk

Immigration Act 2014

Posted May 23rd, 2014 in immigration, legislation by sally

Immigration Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

Care Act 2014

Posted May 23rd, 2014 in care homes, care workers, carers, legislation, local government, standards by sally

Care Act 2014 published

Full text of Act

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 23rd, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Welsh & Ors v R [2014] EWCA Crim 1027 (21 May 2014)

Crawley & Ors, R. v [2014] EWCA Crim 1028 (21 May 2014)

High Court (Administrative Court)

Allensway Recycling Ltd & Ors v The Environment Agency [2014] EWHC 1638 (Admin) (21 May 2014)

Fernando v General Medical Council [2014] EWHC 1664 (Admin) (21 May 2014)


Newby Foods Ltd, R (on the application of) v Food Standards Agency & Anor [2014] EWHC 1492 (Admin) (21 May 2014)

The Royal Society for the Protection of Birds v Secretary of State for Environment Food and Rural Affairs [2014] EWHC 1645 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

An NHS Foundation Hospital v P [2014] EWHC 1650 (Fam) (20 May 2014)

M, Re [2014] EWFC B58 (22 April 2014)

High Court (Family Division)

North Somerset Council v LW & Ors [2014] EWHC 1670 (Fam) (21 May 2014)

High Court (Commercial Court)


Fulton Shipping Inc of Panama v Globalia Business Travel S.A.U. (formerly Travelplan S.A.U) of Spain [2014] EWHC 1547 (Comm) (21 May 2014)

High Court (Patents Court)

Generics (UK) Ltd (t/a Mylan) v Richter Gedeon Vegyeszeti Gyar RT [2014] EWHC 1666 (Pat) (22 May 2014)

Source: www.bailii.org

Stuart Hall jailed for indecent assaults – BBC News

Posted May 23rd, 2014 in assault, news, sentencing, sexual offences by sally

‘Ex-BBC broadcaster Stuart Hall has been sentenced to an extra two years and six months in jail for two counts of indecently assaulting a girl.’

Full story

BBC News, 23rd May 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2014 in law reports by sally

Supreme Court

Clyde & Co LLP & Anor v van Winklehof (Rev 1) [2014] UKSC 32 (21 May 2014)

Court of Appeal (Criminal Division)

Blackman, R. v [2014] EWCA Crim 1029 (22 May 2014)

Court of Appeal (Civil Division)


M T Højgaard A/S v E.ON Climate And Renewables UK Robin Rigg East Ltd & Anor [2014] EWCA Civ 710 (22 May 2014)

Co-Operative Group Ltd v Birse Developments Ltd & Ors [2014] EWCA Civ 707 (22 May 2014)

Wiltshire Council, R (On the Application Of) v Hertfordshire County Council [2014] EWCA Civ 712 (22 May 2014)

Pathania v Adedeji & Ors [2014] EWCA Civ 681 (21 May 2014)

Spaul v Spaul & Anor [2014] EWCA Civ 679 (21 May 2014)

MWA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 706 (21 May 2014)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 678 (21 May 2014)

JG v The Lord Chancellor & Ors [2014] EWCA Civ 656 (21 May 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 703 (21 May 2014)


Price v Price [2014] EWCA Civ 655 (21 May 2014)

Raleys Solicitors v Barnaby [2014] EWCA Civ 686 (21 May 2014)

High Court (Queen’s Bench Division)

Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QB) (22 May 2014)

Groarke v Fontaine [2014] EWHC 1676 (QB) (22 May 2014)

High Court (Chancery Division)

Goldtrail Travel Ltd v Aydin & Ors [2014] EWHC 1587 (Ch) (22 May 2014)

High Court (Administrative Court)

Clayton v Army Board of the Defence Council & Anor [2014] EWHC 1651 (Admin) (22 May 2014)

Rahman, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1640 (Admin) (22 May 2014)

Blue Bio Pharmaceuticals Ltd & Anor, R (On the Application Of) v Secretary of State for Health (MHRA) [2014] EWHC 1679 (Admin) (22 May 2014)

High Court (Commercial Court)

PEC Ltd v Asia Golden Rice Company Ltd [2014] EWHC 1583 (Comm) (20 May 2014)

QOGT Inc v International Oil & Gas Technology Ltd [2014] EWHC 1628 (Comm) (22 May 2014)

Virgin Atlantic Airways Ltd v K.I. Holdings Co. Ltd & Anor [2014] EWHC 1671 (Comm) (22 May 2014)

Terminal Contenitori Porto Di Genova Spa v China Shipping Container Lines Ltd [2014] EWHC 1629 (Comm) (22 May 2014)

Diag Human Se v Czech Republic [2014] EWHC 1639 (Comm) (22 May 2014)

Source: www.bailii.org

Luton boy, 16, filmed beating animals banned for life – BBC News

Posted May 23rd, 2014 in animal cruelty, news, rehabilitation, young offenders by sally

‘A teenager who had footage on his phone of him kicking a cat in the face and repeatedly beating a dog has been banned from keeping animals for life.’

Full story

BBC News, 22nd May 2014

Source: www.bbc.co.uk

Courts to issue tougher sentences to convicted fraudsters from October – The Independent

Posted May 23rd, 2014 in fraud, news, sentencing by sally

‘Cowboy builders who prey on the elderly and vulnerable will face stiffer sentences as a result of new guidelines released by the Sentencing Council today. The trauma suffered by the victims of unscrupulous builders and other fraudsters is being placed at the heart of the guidelines being given to judges and magistrates in England and Wales.’

Full story

The Independent, 23rd May 2014

Source: www.independent.co.uk

Dr Daniel Ubani: No UK extradition over patient death – BBC News

Posted May 23rd, 2014 in doctors, extradition, homicide, negligence, news by sally

‘The family of man who was killed with a lethal dose of a painkiller by a German doctor said they are “astonished” he will not be extradited to the UK.’

Full story

BBC News, 22nd May 2014

Source: www.bbc.co.uk

Marine loses appeal against murder conviction – The Guardian

Posted May 23rd, 2014 in Afghanistan, appeals, armed forces, courts martial, murder, news by sally

‘A Royal Marine found guilty of murdering a badly injured Taliban insurgent has lost his fight to clear his name.’

Full story

The Guardian, 22nd May 2014

Source: www.guardian.co.uk

Richard III court reburial bid fails – BBC News

Posted May 23rd, 2014 in burials and cremation, judicial review, news, royal family by sally

‘Distant relatives of King Richard III have lost their High Court battle over where his remains should be reburied.’

Full story

BBC News, 23rd May 2014

Source: www.bbc.co.uk

Supreme Court clarifies effect of deportation orders on indefinite leave – Halsbury’s Law Exchange

Posted May 23rd, 2014 in deportation, human rights, immigration, news by sally

‘The case R (on the application of George) v SSHD raised the issue of whether someone’s indefinite leave to remain in the UK, which was invalidated by a deportation order, remains invalid if the deportation order is revoked.’

Full story

Halsbury’s Law Exchange, 22nd May 2014

Source: www.halsburyslawexchange.co.uk