Month: June 2014

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another – WLR Daily

Posted June 25th, 2014 in human rights, law reports, prisons, release on licence by sally

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another [2014] EWCA Civ 827; [2014] WLR (D) 278

‘In respect of a prisoner due to be released on licence who was subject to multi-agency public protection arrangements, the policy guidance governing the imposition by the Secretary of State for Justice of additional conditions on the prisoner’s licence did not breach the requirements of procedural fairness or article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and was not inherently unlawful.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) – WLR Daily

Posted June 25th, 2014 in law reports by sally

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) [2014] EWCA Civ 822; [2014] WLR (D) 277

‘Placing a do not attempt cardio-pulmonary resuscitation (“DNACPR”) notice on a patient’s hospital notes engaged her rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and there was a presumption in favour of the patient’s involvement through consultation in such a decision, since it would potentially deprive the patient of life-saving treatment. Such a duty to consult also arose at common law.’

WLR Daily, 17th June 2014

Source: www.iclr.co.uk

Theresa May pushes for greater surveillance powers – BBC News

Posted June 25th, 2014 in electronic mail, intelligence services, internet, news, police by sally

‘Theresa May is continuing to push for a change in the law to give police and security services the power to access email and social media.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 25th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Tracey, R (On the Application Of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 822 (17 June 2014)


Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

Europa Oil And Gas Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWCA Civ 825 (19 June 2014)

Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor [2014] EWCA Civ 827 (19 June 2014)

GMGRM North Ltd & Ors, R (On the Application Of) v Ritchie (Revenue And Customs) & Anor [2014] EWCA Civ 844 (19 June 2014)

Beech & Anor v Birmingham City Council [2014] EWCA Civ 830 (17 June 2014)

Monfared v Chartered Society of Physiotherapy [2014] EWCA Civ 828 (19 June 2014)

B (A Child) [2014] EWCA Civ 843 (20 June 2014)

High Court (Queen’s Bench Division)

Durrheim & Ors v Ministry of Defence [2014] EWHC 1960 (QB) (13 June 2014)

Wamala v The Home Office & Anor [2014] EWHC 2039 (QB) (20 June 2014)

Family Court Decisions (other Judges)

P (A Child: Assessment of Kinship Carers) [2014] EWFC B73 (16 June 2014)

High Court (Technology and Construction Court)

Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd & Ors [2014] EWHC 2016 (TCC) (24 June 2014)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & 16 Ors [2014] EWHC 2019 (Comm) (24 June 2014)

Newland Shipping And Forwarding Limited v Toba Trading Fzc Seyed Majed Taheri Hossein Rahbarian [2014] EWHC 1986 (Comm) (18 June 2014)

A Ltd v B Ltd [2014] EWHC 1870 (Comm) (11 June 2014)

Source: www.bailii.org

Campaigners lose ‘right to die’ case – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions, Supreme Court by sally

‘Campaigners have lost their appeal at the UK’s highest court over the right to die.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

Solicitors Regulation Authority names first non-lawyer chair – Legal Futures

Posted June 25th, 2014 in consumer protection, news, solicitors, Solicitors Regulation Authority by sally

‘Enid Rowlands, an existing member of the board of the Solicitors Regulation Authority (SRA), has been named as its first non-lawyer chair.’

Full story

Legal Futures, 24th June 2014

Source: www.legalfutures.co.uk

At £100m, phone hacking trial makes history for expense – Daily Telegraph

Posted June 25th, 2014 in conspiracy, costs, interception, news, trials by sally

‘The phone-hacking trial has been one of the most expensive cases in British criminal history, with News International bearing more than half of the expense.’

Full story

Daily Telegraph, 24th June 2014

Source: www.telegraph.co.uk

Wonga chased debt with fake lawyers, says FCA – BBC News

Posted June 25th, 2014 in compensation, debts, loans, news, unfair commercial practices by sally

‘Payday lender Wonga must pay £2.6m in compensation after sending letters from non-existent law firms to customers in arrears.’


Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

‘Social media crimes’ account for half of calls to front-line police, says senior UK officer – The Independent

Posted June 25th, 2014 in bullying, harassment, internet, malicious communications, news, police by sally

‘Responding to online offences such as threats on social media make up “at least half” of a calls to front line police, a senior office has said.’

Full story

The Independent, 24th June 2014

Source: www.independent.co.uk

Right-to-die: For and against assisted suicide – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions by sally

‘On Wednesday, the family of the late Tony Nicklinson who had locked-in syndrome and Paul Lamb who was paralysed in a road crash will find out whether or not their campaign for the right to die with the help of a doctor has been successful.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

Teacher’s sexual relationship with boy, 15 – BBC News

Posted June 25th, 2014 in child abuse, disciplinary procedures, news, professional conduct, school children, teachers by sally

‘A former deputy headmaster is given a lifetime teaching ban for an “inappropriate sexual relationship” with a 15-year-old boy.’

Full story

BBC News, 24th June 2014

Source: www.bbc.co.uk

Neuberger backs single regulator but criticises LSB for adding “cost and confusion” – Legal Futures

Posted June 25th, 2014 in consumer protection, legal profession, legal services, news by sally

‘The president of the Supreme Court, Lord Neuberger, has backed calls for single legal regulator, while accusing the Legal Services Board (LSB) of adding to cost and confusion.’

Full story

Legal Futures, 25th June 2014

Source: www.legalfutures.co.uk

Police officer jailed over relationships with vulnerable women – The Guardian

Posted June 25th, 2014 in misfeasance in public office, news, police, sentencing by sally

‘A police officer who seduced and slept with vulnerable women while on duty has been jailed for 18 months.’

Full story

The Guardian, 24th June 2014

Source: www.guardian.co.uk

Do not comment on hacking trial until all verdicts are in, judge tells MPs – Daily Telegraph

Posted June 25th, 2014 in conspiracy, interception, juries, misfeasance in public office, news, verdicts by sally

‘Politicians are warned by judge not to comment upon the outcome of the hacking trial until the jury has returned all its verdicts.’

Full story

Daily Telegraph, 24th June 2014

Source: www.telegraph.co.uk

High Court to decide the fate of the Warburg Institute’s historic library – The Independent

Posted June 25th, 2014 in libraries, news, trusts, universities by sally

‘The fate of one of the “most important libraries in the world” which houses thousands of historic volumes saved from the Nazis, is to be decided in the High Court.’

Full story

The Independent, 24th June 2014

Source: www.independent.co.uk

Right-to-die Supreme Court judgement due – BBC News

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, news, prosecutions, Supreme Court by sally

‘The UK’s highest court will give its judgement later on the cases of two severely disabled men who want others to be able to help them die.’

Full story

BBC News, 25th June 2014

Source: www.bbc.co.uk

Man who died in custody should have been in hospital, says Birmingham jury – The Guardian

Posted June 25th, 2014 in complaints, death in custody, inquests, news, police by sally

‘A police force has apologised to the family of a man who died of a heart attack after being taken into custody amid concerns for his welfare.’

Full story

The Guardian, 24th June 2014

Source: www.guardian.co.uk

Hacking trial: Brooks cleared of charges, Coulson guilty – BBC News

Posted June 24th, 2014 in conspiracy, corruption, interception, misfeasance in public office, news, perverting the course of justice, telecommunications by sally

‘Ex-News International chief executive Rebekah Brooks has been cleared of all charges in the phone-hacking trial.’

Full story

BBC News, 24th June 2014

Source: www.bbc.co.uk

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda – WLR Daily

Posted June 24th, 2014 in charities, EC law, hospitals, law reports, public procurement by sally

Centro Hospitalar de Setúbal EPE and another v Eurest (Portugal)—Sociedade Europeia de Restaurantes Lda (Case C‑574/12); ECLI:EU:C:2014:2004; [2014] WLR (D) 272

‘Where a contractor under a public contract was a non-profit association which, at the time of the award of the contract, had as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for “similar control”, established by the case law of the Court of Justice of the European Union in order that the award of a public contract could be regarded as an in-house operation, was not met, so that Parliament and Council Directive 2004/18/EC of 31 March 2004 on the co-ordination of procedures for the award of public works contracts, public supply contracts and public service contracts applied.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) – WLR Daily

Posted June 24th, 2014 in benefits, EC law, employment, law reports, pregnancy, social security by sally

St Prix v Secretary of State for Work and Pensions (AIRE Centre intervening) (Case C-507/12; ECLI:EU:C:2014:2007; [2014] WLR (D) 275

‘A woman who gave up work, or looking for work, because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth retained the status of “worker”, within the meaning of article 45FEU of the FEU Treaty, provided she returned to work or found another job within a reasonable period after the birth of her child.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk