Day: 13 June 2014
Khaira and others (Respondents) v. Shergill and others (Appellants) – Supreme Court
Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)
Supreme Court, 11th June 2014
Vanity cases? – New Law Journal
‘Employees & cosmetic surgery: Sarah Johnson reports.’
11th June 2014
Source: www.newlawjournal.co.uk
Finance and Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor, and David Salter, Joint Head of Family Law, both of Mills & Reeve LLP, analyse the financial remedies and divorce news and cases published in May.’
Family Law Week, 12th June 2014
Source: www.familylawweek.co.uk
Harb v Prince Fahd Bin Abdul Aziz – WLR Daily
Harb v Prince Fahd Bin Abdul Aziz [2014] EWHC 1807 (Ch); [2014] WLR (D) 248
‘A former head of state, regardless of how he ceased to hold office, only enjoyed immunity from suit in respect of official acts during his tenure in post. Therefore, where a sovereign ceased to be head of state on his death, the immunity enjoyed by his estate did not extend to matters of a private nature.’
WLR Daily, 9th June 2014
Source: www.iclr.co.uk
Delaney v Secretary of State for Transport – WLR Daily
Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253
‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’
WLR Daily, 3rd June 2014
Source: www.iclr.co.uk
Scotland and another v British Credit Trust Ltd – WLR Daily
Scotland and another v British Credit Trust Ltd [2014] EWCA Civ 790; [2014] WLR (D) 252
‘When determining whether negotiations between a debtor and a supplier were “antecedent negotiations” within section 56(1)(c) of the Consumer Credit Act 1974, so that the supplier was deemed to have been acting as an agent of the creditor, the court had to inquire whether all the negotiations formed part of one transaction as a matter of fact.’
WLR Daily, 10th June 2014
Source: www.iclr.co.uk
Regina v Bina – WLR Daily
Regina v Bina [2014] WLR (D) 251
‘There was no limitation by which the offence of assisting unlawful immigration, contrary to section 25(1) of the Immigration Act 1971, was inapplicable in relation to asylum seekers. Further, section 25(3) of that Act was permissive only, so that a matter of foreign law might be proved by methods such as expert evidence or admission as well as by a government-issued certificate as set out in section 25(3).’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Regina (Grace) v Secretary of State for the Home Department – WLR Daily
Regina (Grace) v Secretary of State for the Home Department [2014] WLR (D) 249
‘The proper test to be applied by the Administrative Court under CPR r 54.12(7) when considering certifying an application for permission to proceed with judicial review as “totally without merit” was whether the claim was bound to fail. There was no requirement that the claim be shown to be abusive or vexatious.’
WLR Daily, 9th June 2014
Source: www.iclr.co.uk
Kruppa v Benedetti and another – WLR Daily
Kruppa v Benedetti and another [2014] EWHC 1887 (Comm); [2014] WLR (D) 250
‘A governing law and jurisdiction clause in an agreement which provided that “the parties will endeavour to first resolve the matter through Swiss arbitration” but where no resolution was forthcoming that the “courts of England shall have non-exclusive jurisdiction” did not constitute an arbitration agreement within the meaning of section 6(1) of the Arbitration Act 1996.’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Okedare, R v [2014] EWCA Crim 1173 (15 May 2014)
High Court (Administrative Court)
Clark v Secretary of State for the Home Department & Anor [2014] EWHC 1879 (Admin) (10 June 2014)
Parmer v Secretary of State for the Home Department [2014] EWHC 1204 (Admin) (27 January 2014)
High Court (Commercial Court)
Kruppa v Benedetti & Anor [2014] EWHC 1887 (Comm) (11 June 2014)
High Court (Technology and Construction Court)
Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)
Source: www.bailii.org
On the naughty step: The unacceptable face of London landlords – NearlyLegal
‘Some of you, those in London at least, might have noticed Boris Johnson announce a new, and completely voluntary, no compulsion here, landlord accreditation scheme. The idea being that tenants, desperate to find somewhere in the middle of the worst accommodation shortage in London for many, many years, will choose to avoid a ‘non-Boris’ landlord. This is of dubious worth, but no matter, what concerns us here is what followed that announcement. Bear with me, because it is worth it in the end.’
NearlyLegal, 12th June 2014
Source: www.nearlylegal.co.uk
Offenders caught with knife a second time could face six months in jail – The Guardian
‘A plan to jail any offender caught in possession of a knife for a second time is likely to pass into law next week after the Conservatives announced they are to defy the Liberal Democrats to support the measure.’
The Guardian, 12th June 2014
Source: www.guardian.co.uk
Supreme Court: “reasonable suspicion” entitled customs officers to detain goods pending tax enquiries – OUT-LAW.com
‘Officers from HM Revenue and Customs (HMRC) are entitled to detain goods pending further investigation where they have “reasonable grounds to suspect” that excise duties have not been paid, the Supreme Court has confirmed.’
OUT-LAW.com, 12th June 2014
Source: www.out-law.com
‘Monster’ sergeant major jailed for sexually assaulting lesbian soldier – Daily Telegraph
‘A “monster” sergeant major has been jailed for two-and-a-half years for sexually assaulting a lesbian soldier following a drink-fuelled party, in an attack which left her considering suicide.’
Daily Telegraph, 12th June 2014
Source: www.telegraph.co.uk
Appeal court raises murder jail term of Adam Singer – BBC News
‘A father who killed his ex-girlfriend while their young daughter slept upstairs has had his minimum jail term increased at the Court of Appeal to 23 years.’
BBC News, 12th June 2014
Source: www.bbc.co.uk
Trial of AB and CD part of creeping move towards secret justice – The Guardian
‘The case of AB and CD has been widely described as “Britain’s first secret trial”. It would be more accurately described as the latest of a number of creeping moves towards secret justice.’
The Guardian, 12th June 2014
Source: www.guardian.co.uk
