25/07/2014 – Current Awareness

Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

Full story

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by tracey

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Review of the investigation of alleged Home Office failure to act on allegations of child abuse in the 1980s – Home Office

Posted July 25th, 2014 in child abuse, government departments, inquiries, reports by tracey

‘A review, led by Peter Wanless, of the investigation into the handling of information received by the Home Office in relation to child abuse allegations.’

Terms of reference

Home Office, 24th July 2014

Source: www.gov.uk/home-office

Home Secretary speech at Girl Summit 2014 – Home Office

Posted July 25th, 2014 in child abuse, female genital mutilation, forced marriages, speeches by tracey

‘Speech given by Home Secretary Theresa May on 22 July 2014 at the Girl Summit.’

Full speech

Home Office, 22nd July 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2014 in legislation by tracey

The Public Service (Civil Servants and Others) Pensions Regulations 2014

The Pensions Act 2014 (Commencement No. 1) Order 2014

The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014

The Finance Act 2013, Schedules 17 and 18 (Tax Relief for Video Games Development) (Appointed Day) Order 2014

The Cultural Test (Video Games) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations

The Immigration Act 2014 (Commencement No. 2) Order 2014

The Control of Explosives Precursors Regulations 2014

The English Coast (Isle of Wight) Order 2014

The Adoption and Children Act 2002 (Commencement No. 12) Order 2014

The Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations

The Pensions Act 2004 (Code of Practice) (Funding Defined Benefits) Appointed Day Order 2014

Source: www.legislation.gov.uk

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Posted July 25th, 2014 in consent orders, disclosure, freezing injunctions, jurisdiction, law reports by tracey

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by tracey

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

Ballinger and another v Mercer Ltd and another – WLR Daily

Posted July 25th, 2014 in amendments, burden of proof, civil procedure rules, law reports, limitations, negligence, pensions by tracey

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 25th, 2014 in law reports by tracey

Supreme Court

Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 (23 July 2014)

Court of Appeal (Civil Division)

Airtours Holidays Transport Ltd v Revenue And Customs [2014] EWCA Civ 1033 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

McDonald v McDonald & Anor [2014] EWCA Civ 1049 (24 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

Hart & Anor v Burbidge & Anor [2014] EWCA Civ 992 (22 July 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 1034 (22 July 2014)

Commissioner of Police of the Metropolis v Copeland [2014] EWCA Civ 1014 (22 July 2014)

R (A Child: Habitual Residence), Re [2014] EWCA Civ 1032 (22 July 2014)

Prophet Plc v Huggett [2014] EWCA Civ 1013 (22 July 2014)

B (Child Evidence), Re [2014] EWCA Civ 1015 (22 July 2014)

Court of Appeal (Criminal Division)

Criminal Practice Directions : Amendment No. 2 [2014] EWCA Crim 1570 (23 July 2014)

Criminal Practice Directions : Costs in Criminal Proceedings [2014] EWCA Crim 1570 (23 July 2014)

Stephen Hamilton v R [2014] EWCA Crim 1555 (22 July 2014)

High Court (Administrative Court)

Bhatnagar v General Medical Council [2014] EWHC 2562 (Admin) (24 July 2014)

Bentham, R (on the application of) v HMP Usk and Prescoed & Anor [2014] EWHC 2469 (Admin) (23 July 2014)

X (A Child) [2014] EWHC 2522 (Fam) (23 July 2014)

Dennison, R (On the Application Of) v Bradford Districts Clinical Commissioning Group [2014] EWHC 2552 (Admin) (23 July 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Warners Retail (Moreton) Ltd v Cotswold District Council [2014] EWHC 2504 (Admin) (22 July 2014)

Sumpter, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2434 (Admin) (22 July 2014)

Corrie, R (on the application of) v Suffolk County Council & Ors [2014] EWHC 2490 (Admin) (22 July 2014)

T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

High Court (Chancery Division)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

High Court (Commercial Court)

Travis Coal Restructured Holdings Llc v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (24 July 2014)

High Court (Patents Court)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

High Court (Technology and Construction Court)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014)

Source: www.bailii.org

Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, fundamental dishonesty, news, personal injuries by tracey

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

Full story

Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk

Children: Public Law Update (July 2014) – Family Law Week

Posted July 25th, 2014 in care orders, case management, children, DNA, families, jurisdiction, news by tracey

‘John Tughan, barrister, of 4 Paper Buildings reviews recent important judgments in public law children cases.’

Full story

Family Law Week, 24th July 2014

Source: www.familylawweek.co.uk

Catholic Church defrocks 52 priests for sex abuse – BBC News

Posted July 25th, 2014 in child abuse, clergy, disciplinary procedures, news, sexual offences by tracey

‘The Catholic Church in England and Wales has defrocked 52 priests for sexual abuse since 2001. The National Catholic Safeguarding Commission (NCSC) also said 465 sexual assault claims were made against clergy members between 2003 and 2012.’

Full story

BBC News, 24th July 2014

Source: www.bbc.co.uk

Police to investigate Cyril Smith child abuse cover-up claims – The Guardian

Posted July 25th, 2014 in child abuse, news, police, sexual offences by tracey

‘A criminal investigation is to be launched into an alleged cover-up of child abuse at a school linked to Sir Cyril Smith.The Liberal Democrat politician, who died in 2010, is alleged to have used his status to sexually abuse young boys with impunity at Knowl View School in Rochdale.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

Police chiefs were aware six years ago that undercover unit ‘had lost moral compass’ – The Guardian

Posted July 25th, 2014 in families, firearms, news, police, spying, victims by tracey

‘The Scotland Yard undercover unit that gathered intelligence on 18 grieving families was known by police chiefs six years ago to have been so out of control it had “lost [its] moral compass” and become a “force within a force”.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

More than 30 criminal cases involving ‘Fake Sheikh’ to be reviewed in light of Tulisa trial – Daily Telegraph

Posted July 25th, 2014 in Crown Prosecution Service, evidence, news, perjury, prosecutions by tracey

‘ More than 30 criminal cases that relied on evidence given by undercover reporter Mazher Mahmood are being reviewed in light of the collapse of the Tulisa Contostavlos drugs trial.
The Crown Prosecution Service is looking again at the cases -as well as three that are still going on – after a judge ended the pop singer’s trial because there were “strong grounds” to believe the Sun reporter had lied in court and manipulated evidence.’

Full story

Daily Telegraph, 24th July 2014

Source: www.telegraph.co.uk

Chicken factory probe ordered by health secretary – BBC News

Posted July 25th, 2014 in environmental health, food hygiene, news by tracey

‘An investigation into allegations of hygiene failings at poultry processing factories has been ordered by Health Secretary Jeremy Hunt.’

Full story

BBC News, 25th July 2014

Source: www.bbc.co.uk