Month: July 2014
New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures
‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’
Litigation Futures, 7th July 2014
Source: www.litigationfutures.com
BAILII: Recent Decisions
Supreme Court
Whiston, R (on the application of) [2014] UKSC 39 (2 July 2014)
Henderson v Foxworth Investments Limited & Anor [2014] UKSC 41 (2 July 2014)
Court of Appeal (Civil Division)
Denton & Ors v TH White Ltd & Ors [2014] EWCA Civ 906 (04 July 2014)
Novoship (UK) Ltd & Ors v Nikitin & Ors [2014] EWCA Civ 908 (04 July 2014)
High Court (Queen’s Bench Division)
Ageas (UK) Ltd v Kwik-Fit (GB) Ltd & Anor [2014] EWHC 2178 (QB) (04 July 2014)
High Court (Administrative Court)
High Court (Chancery Division)
Electrosteel Castings (UK) Ltd v Metalpol Ltd [2014] EWHC 2017 (Ch) (04 July 2014)
Blue Tropic Ltd & Anor v Chkhartishvili [2014] EWHC 2243 (Ch) (07 July 2014)
High Court (Family Division)
T (Children) [2014] EWHC 2164 (Fam) (16 June 2014)
High Court (Commercial Court)
Capita (Banstead 2011) Ltd & Anor v RFIB Group Ltd [2014] EWHC 2197 (Comm) (04 July 2014)
Source: www.bailii.org
Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures
‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’
Litigation Futures, 4th July 2014
Source: www.litigationfutures.com
The UT Repays Again – NearlyLegal
The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
Another “Bedroom Tax” Challenge Fails – UK Human Rights Blog
‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’
UK Human Rights Blog, 4th July 2014
Source: www.ukhumanrightsblog.com
Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer
‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’
Local Government Lawyer, 4th July 2014
Source: www.localgovernmentlawyer.co.uk
Mitchell-Game, Set and Match? – NearlyLegal
‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
The issue of assisted suicide – are changes on the horizon? – Halsbury’s Law Exchange
‘The Supreme Court considered two appeals together, concerning three appellants who had suffered from permanent and catastrophic physical disabilities and wished to die at the time of their choosing. However, they were not physically capable of ending their own life unaided. The court considered, among other things, whether the Suicide Act 1961, s 2 infringed the appellants’ rights under the European Convention on Human Rights, art 8 (ECHR).’
Halsbury’s Law Exchange, 7th July 2014
Source: www.halsburyslawexchange.co.uk
Marriage certificate could include mothers’ name – BBC News
‘Mothers’ names could be included on marriage certificates in England and Wales, under plans being considered by the Home Office.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
Westminster child abuse allegations: Government to set up ‘wide-ranging’ inquiry – The Independent
‘The Home Secretary Theresa May will this afternoon back down and announce that the Government is planning to set up a “wide-ranging” inquiry into historic sex abuse claims.’
The Independent, 7th July 2014
Source: www.independent.co.uk
Copycat government websites targeted in crackdown on hoaxers – The Independent
‘A crackdown on hoaxers who trick people out of money via copycat government websites has been launched as the Coalition takes action following thousands of complaints over the practice.’
Full story
The Independent, 7th July 2014
Source: www.independent.co.uk
Hull mum Kerry Abel jailed over toddler son’s drowning – BBC News
‘The mother of a toddler, who drowned in a bath in Hull, has been sentenced to three years in prison for his manslaughter.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
Ministers push for new legislation to track phone usage – The Guardian
‘Ministers are poised to pass emergency laws to require phone companies to log records of phone calls, texts and internet usage, but Labour and Liberal Democrats are warning that they will not allow any new law to become a backdoor route to reinstating a wider “snooper’s charter”.’
The Guardian, 6th July 2014
Source: www.guardian.co.uk
Rolf Harris jail sentence to be reviewed by attorney general – The Guardian
‘Rolf Harris’s prison sentence has been referred to the attorney general for being unduly lenient, it has emerged.’
The Guardian, 4th July 2014
Source: www.bbc.co.uk
‘Pitiless’ Cardiff builders given jail sentences – BBC News
‘Rogue builders who scammed older people out of over £70,000 have been given jail terms at Newport Crown Court.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
High Court challenges UK work schemes – BBC News
‘The High Court has ruled emergency laws underpinning a government back-to-work scheme are “incompatible” with the European Convention on Human Rights.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
Rolf Harris jailed for five years nine months for indecently assaulting girls – The Guardian
‘The judge, Mr Justice Sweeney, sentenced the 84-year-old entertainer to a total of five years and nine months in prison on 12 counts of indecent assault. Harris will serve half the total jail sentence with some of the individual sentences to be served consecutively and others concurrently.’
The Guardian, 4th July 2014
Source: www.guardian.co.uk
British Gas staff mis-sold deals, says regulator Ofgem – BBC News
‘The UK’s biggest energy supplier, British Gas, mis-sold energy deals by making exaggerated claims to potential customers, the regulator has said. Ofgem said British Gas sales staff did not make accurate comparisons between suppliers’ deals, and so made overblown claims about savings for switching.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
Andy Coulson jailed for 18 months over phone hacking – BBC News
‘Former News of the World editor Andy Coulson has been jailed for 18 months for conspiracy to hack phones.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
