Day: 28 July 2014

BAILII: Recent Decisions

Posted July 28th, 2014 in law reports by sally

Supreme Court

FHR European Ventures LLP & Ors v Cedar Capital Partners LLC [2014] UKSC 45 (16 July 2014)

Sandiford, R (on the application of) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014)

Court of Appeal (Criminal Division)

Yusuf & Ors, R v [2014] EWCA Crim 1586 (25 July 2014)

High Court (Chancery Division)

Wells v Chave & Ors [2014] EWHC 2444 (Ch) (23 July 2014)

Ridgewood Properties Group Ltd & Anor v Kilpatrick Stockton Llp & Ors [2014] EWHC 2502 (Ch) (25 July 2014)

High Court (Administrative Court)

Long, R (On the Application Of) v Secretary of State for Defence [2014] EWHC 2391 (Admin) (15 July 2014)

The Public Law Project, R (On the Application Of) v The Secretary of State for Justice the Office of the Children’s Commissioner [2014] EWHC 2365 (Admin) (15 July 2014)

Mills & Anor, R (on the application of) v Sussex Police & Anor [2014] EWHC 2523 (Admin) (25 July 2014)

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2476 (Admin) (18 July 2014)

IM Properties Development Ltd v Lichfield District Council & Ors [2014] EWHC 2440 (Admin) (18 July 2014)

Sosik v Prosecutor General, Lithuania [2014] EWHC 2487 (Admin) (21 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 2379 (Comm) (16 July 2014)

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm) (16 July 2014)

Konkola Copper Mines v U&M Mining Zambia Ltd [2014] EWHC 2374 (Comm) (15 July 2014)

GSP Fortuna Ltd v Dean International Trading SA [2014] EWHC 2208 (Comm) (09 July 2014)

Source: www.bailii.org

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted July 28th, 2014 in appeals, costs, damages, human rights, injunctions, law reports, noise, nuisance, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

HRA damages awarded in date rape cases – UK Human Rights Blog

Posted July 28th, 2014 in damages, human rights, news, police, rape, sexual offences by sally

‘This is an important summary of the principles applicable to HR damages, particularly in circumstances where there have been other payments already made arguably in respect of the acts in question. So it should be first port of call if you have an HR damages problem, not least because it gathers all the learning together.’

Full story

UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

Legislation passed to ban PI inducements – Law Society’s Gazette

Posted July 28th, 2014 in bills, civil justice, compensation, consumer protection, costs, gifts, inducements, legal services, news, personal injuries by sally

‘The government has introduced legislation to clamp down on personal injury inducements from lawyers offering clients money or gifts such as iPads in exchange for pursuing claims.’

Full story

Law Society’s Gazette, 25th July 2014

Source: www.lawgazette.co.uk

Fiaz Munshi jailed for 1997 Oxford arson child deaths – BBC News

Posted July 28th, 2014 in arson, homicide, news, sentencing by sally

‘A woman has been jailed for 13 years for her part in killing two children in a revenge arson attack in 1997.’

Full story

BBC News, 25th July 2014

Source: www.bbc.co.uk

Jayden Parkinson’s ex-boyfriend given life sentence for her murder – The Guardian

Posted July 28th, 2014 in domestic violence, murder, news, police, pregnancy, sentencing by sally

‘The former boyfriend of Jayden Parkinson has been jailed for at least 20 years for her murder.’

Full story

The Guardian, 25th July 2014

Source: www.guardian.co.uk

Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

Full story

UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

Joanna Michael family in Supreme Court in negligence fight – BBC News

Posted July 28th, 2014 in appeals, complaints, damages, delay, domestic violence, murder, negligence, news, police, Supreme Court by sally

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

Full story

BBC News, 28th July 2014

Source: www.bbc.co.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

Posted July 28th, 2014 in drafting, equality, islamic law, Law Society, news, practice directions, rule of law, wills by sally

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

Domestic violence could become a specific offence, David Cameron says – Daily Telegraph

Posted July 28th, 2014 in criminal justice, domestic violence, news, police, prosecutions by sally

‘The Prime Minister says he will consider a new offence for those who attack their partners that will take into account a pattern of abuse.’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Dave Lee Travis to face retrial that includes new count of indecent assault – The Guardian

Posted July 28th, 2014 in news, retrials, sexual offences by sally

‘Former Radio 1 DJ Dave Lee Travis is to face a retrial for charges of sexual assault and indecent assault as well as a new count of indecent assault, a court heard today.’

Full story

The Guardian, 25th July 2014

Source: www.guardian.co.uk

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

Posted July 28th, 2014 in appeals, compensation, employment, equality, human rights, immigration, news, Supreme Court, trafficking in human beings, tribunals by sally

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

Alcohol abuse in pregnancy could become a crime, legal papers claim – The Guardian

Posted July 28th, 2014 in alcohol abuse, appeals, children, compensation, grievous bodily harm, local government, news, pregnancy by sally

‘An unprecedented court hearing to decide on the right of a child whose mother drank alcohol during pregnancy to receive compensation could pave the way to the criminalisation of pregnant women’s behaviour, according to legal papers lodged with the judge.

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

Inquiry launched into social care after Mikaeel Kular beaten to death by mother – Daily Telegraph

Posted July 28th, 2014 in causing death of children or vulnerable adults, homicide, inquiries, news, social services by sally

‘Three year old was beaten to death by his mother just weeks after social workers stopped monitoring his family’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Judge allegedly falls asleep during child rape trial – The Guardian

Posted July 28th, 2014 in child abuse, complaints, evidence, inquiries, judges, news, professional conduct, victims by sally

‘An investigation has been launched following claims a judge fell asleep in court, causing a child rape trial to be halted.’

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

More women judges will improve law’: Britain’s only female Supreme Court judge calls for more diversity – The Independent

Posted July 28th, 2014 in diversity, judiciary, legal profession, news, statistics, Supreme Court, women by sally

‘Britain’s only female Supreme Court judge says there needs to be more gender equality shown across Britain’s legal system and that by appointing more female judges the quality of justice could be greatly improved.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

DPP to examine treatment of witnesses after abuse victim’s death – The Guardian

Posted July 28th, 2014 in coroners, cross-examination, inquests, news, psychiatric damage, sexual offences, suicide, victims, witnesses by sally

‘The director of public prosecutions (DPP) said she recognised the “real issue” over whether victims and witnesses are treated fairly after the death of a sex abuse victim sparked calls for reform.’

Full story

The Guardian, 27th July 2014

Source: www.guardian.co.uk