Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales – Supreme Court
Supreme Court, 9th July 2014
Month: July 2014
Mark Sandland jailed for baby shaking manslaughter – BBC News
‘A man has been jailed for eight years for killing his five-week-old daughter after becoming frustrated by her screaming as he played a video game.’
BBC News, 9th July 2014
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Attorney General’s Reference No 29 Of 2014 [2014] EWCA Crim 1314 (18 June 2014)
Aslam, R v [2014] EWCA Crim 1292 (03 July 2014)
Court of Appeal (Civil Division)
Akhtar v Boland [2014] EWCA Civ 943 (08 July 2014)
Q (Children) [2014] EWCA Civ 918 (08 July 2014)
Colefax v First Tier Tribunal (Social Entitlement Chamber) & Anor [2014] EWCA Civ 945 (08 July 2014)
Qongwane & Ors v The Secretary of State for the Home Department [2014] EWCA Civ 957 (08 July 2014)
Caldero Trading Ltd v Leibson Corporation Ltd & Ors [2014] EWCA Civ 935 (08 July 2014)
High Court (Queen’s Bench Division)
McGartland & Anor v The Attorney General [2014] EWHC 2248 (QB) (08 July 2014)
High Court (Administrative Court)
Pall Mall Investments (London) Ltd v Gloucester City Council [2014] EWHC 2247 (Admin) (08 July 2014)
High Court (Commercial Court)
Saipol S.A. v Inerco Trade S.A. [2014] EWHC 2211 (Comm) (20 June 2014)
Source: www.bailii.org
Serious procedural faults in the appointment of judges: an urgent matter of public interest – Halsbury’s Law Exchange
‘As part of the current debate on identifying the best values of British culture and society, the proper workings of the British legal system, would surely have to occupy a prominent place. After all, it is the judiciary that would enhance the sense of wellbeing of its citizen every time that justice is felt to have been established.’
Halsbury’s Law Exchange, 9th July 2014
Source: www.halsburyslawexchange.co.uk
Manchester Ship Canal Co Ltd v United Utilities Water plc (Canal & River Trust and others intervening); Same and another v Same (Same intervening) – WLR Daily
‘Under the Water Industry Act 1991 sewerage undertakers were impliedly empowered to discharge surface water and other non-pollutant water into private watercourses to which they were already discharging at the time the Act came into force, but had no right to create new outfalls into such watercourses without the agreement of their owners.’
WLR Daily, 2nd July 2014
Source: www.iclr.co.uk
Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd – WLR Daily
‘A dispute resolution clause in an existing and enforceable contract which required the parties to seek to resolve a dispute by friendly discussions in good faith and within a limited period of time before the dispute could be referred to arbitration was enforceable.’
WLR Daily, 1st July 2014
Source: www.iclr.co.uk
Novoship (UK) Ltd and others v Nikitin and others – WLR Daily
Novoship (UK) Ltd and others v Nikitin and others [2014] EWCA 908; [2014] WLR (D) 297
‘The remedy of an account of profits was available against one who dishonestly assisted a fiduciary to breach his fiduciary obligations, even if that breach did not involve a misapplication of trust property.
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily
‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’
WLR Daily, 8th July 2014
Source: www.iclr.co.uk
Judge allows police to break down woman’s door for enforced caesarean – Daily Telegraph
‘Pregnant woman has an irrational fear of hospitals but could die in child birth. Her third child was delivered using barbecue tongs and was found severely malnourished’
Daily Telegraph, 7th July 2014
Source: www.telegraph.co.uk
Court of Appeal: landlord entitled to refuse new lease due to tenant’s failure to allow access – OUT-LAW.com
‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’
OUT-LAW.com, 9th July 2014
Source: www.out-law.com
Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog
‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’
UK Human Rights Blog, 8th July 2014
Source: www.ukhumanrightsblog.com
Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com
‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’
OUT-LAW.com, 8th July 2014
Source: www.out-law.com
Alison Hewitt family awarded £130,000 for stalker failings – BBC News
‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.
BBC News, 8th July 2014
Source: www.bbc.co.uk
Woman fined £1,000 in court for cruelty to rabbit found starving and with overgrown teeth – The Independent
‘A woman whose neglected rabbit had to be put down after its teeth grew more than two inches out of its mouth has been ordered to pay more than £1,000.’
Full story
The Independent, 8th July 2014
Source: www.independent.co.uk
Could TV Licensing be given power to raid bank accounts? – Daily Telegraph
‘HMRC chief Lin Homer indicates proposed powers to raid bank accounts of debtors could be extended to TV Licensing and DVLA, as MPs warn they violate Magna Carta.’
Daily Telegraph, 8th July 2014
Source: www.telegraph.co.uk
Humberside Police officer pleads guilty to sex assaults – BBC News
‘A former police constable has pleaded guilty to four sexual assaults while serving as an officer in East Yorkshire.’
BBC News, 8th July 2014
Source: www.bbc.co.uk
Rolf Harris, indecent images and the dangers of the dark net – Halsbury’s Law Exchange
‘News of concern over child abuse on the dark net came within a month of the children’s entertainer and artist Rolf Harris being convicted and sentenced for historic indecent assaults on more than one complainant. The full sentencing remarks are here. Other counts for making indecent images of children were separated and then not pursued. News reports are that paedophilic search terms were entered into his computer which suggests that the searches were done on open sources. It was also reported that Rolf Harris had notes on how to delete the internet history. Paedophilic activity is often cited as a reason to regulate the internet but caution needs to be exercised so as not to lose the essential freedoms that the web was designed to achieve.’
Halsbury’s Law Exchange, 8th July 2014
Source: www.halsburyslawexchange.co.uk
Questions over choice of Butler-Sloss as head of child abuse allegations inquiry – The Guardian
‘The government faced questions on Tuesday over the appointment of a member of the House of Lords as the chair of a public inquiry into “serious failings by public bodies and important institutions” in their handling of allegations of child abuse.’
The Guardian, 8th July 2014
Source: www.guardian.co.uk
Bookkeeper jailed for stealing £2m to buy property empire – Daily Telegraph
‘Mirriam Clark is jailed after building up a property empire in England and Zambia and sending her children to private school with stolen money.’
Full story
Daily Telegraph, 7th July 2014
Source: www.telegraph.co.uk
Southampton ‘highly organised’ eBay gang sentenced – BBC News
‘A group of family members and friends have been jailed for their parts a “highly organised” criminal enterprise selling stolen goods on eBay.’
BBC News, 8th July 2014
Source: www.bbc.co.uk
