Gang leader loses court battle over crime debt – The Guardian
‘A “retired” high-profile criminal has lost a high court battle over how much he has to pay back from his days of crime.’
The Guardian, 11th August 2014
Source: www.guardian.co.uk
Day: 11 August 2014
M v Times Newspapers Ltd and others – WLR Daily
M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371
‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’
WLR Daily, 1st August 2014
Source: www.iclr.co.uk
Tidal Energy Ltd v Bank of Scotland plc – WLR Daily
Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369
‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Young v Anglo American South Africa Ltd and others – WLR Daily
Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370
‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Regina v Ali (Salah) – WLR Daily
Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366
‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Misuse of Drugs (Amendment No. 2) (England, Wales and Scotland) Regulations 2014
The Police Act 1997 (Criminal Records) (Amendment) (No. 3) Regulations 2014
The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014
The Special Educational Needs (Miscellaneous Amendments) Regulations 2014
The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2014
The School Teachers’ Pay and Conditions Order 2014
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Seakom Ltd & Anor v Knowledgepool Group Ltd [2014] EWCA Civ 1164 (08 August 2014)
High Court (Chancery Division)
Garcha & Ors v The Charity Commission for England and Wales [2014] EWHC 2754 (Ch) (05 August 2014)
Thomas Pink Limited v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014)
High Court (Administrative Court)
Hamill v The Chelmsford Magistrates’ Court & Anor [2014] EWHC 2799 (Admin) (08 August 2014)
High Court (Family Division)
R (A Child) [2014] EWHC 2802 (Fam) (22 July 2014)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2014] EWHC 2788 (Comm) (08 August 2014)
Source: www.bailii.org
President of Family Division suggests courts should cover costs where legal aid cuts may impact access to justice – The World of Family Law (Garden Court Chambers)
‘Rachael Rowley-Fox explores the suggestion made by Sir James Munby, the President of the Family Division, that courts should spend money to ensure that justice is done in the wake of the legal aid cuts.’
The World of Family Law (Garden Court Chambers), 8th August 2014
Source: www.gcfamily.wordpress.com
RSPCA prosecute family over cat’s long hair – Daily Telegraph
‘Richard and Samantha Byrnes express their relief after the Crown Prosecution Service steps in and orders the RSPCA to halt an animal cruelty case against them.’
Daily Telegraph, 10th August 2014
Source: www.telegraph.co.uk
Drink-driving: Parliamentary group calls for tough new rules – The Independent
‘Tough new rules on drink-driving are expected to be proposed to Parliament on Monday that would bring the UK in line with Europe on the issue.’
The Independent, 10th August 2014
Source: www.independent.co.uk
Child abuse couple jailed for a total of 25 years – BBC News
‘A separated couple who sexually and physically abused their children over prolonged period have been jailed for a total of 25 years.’
BBC News, 8th August 2014
Source: www.bbc.co.uk
Copyright in the modern world: a load of monkey business? – Technology Law Update
‘The application of intellectual property law in our modern age is fraught with complexities. As societies and technologies develop, situations invariably arise that the drafters of legislation had perhaps not considered.’
Technology Law Update, 8th August 2014
Source: www.technology-law-blog.co.uk
Lie detector tests introduced to monitor released sex offenders – The Guardian
‘Lie detector tests monitoring the behaviour of released sex offenders across England and Wales have begun this week, amid calls for the technology to be used more widely in police investigations.’
The Guardian, 8th August 2014
Source: www.guardian.co.uk
Magistrate sings in protest at being forced to retire – Daily Telegraph
‘Karen Henshaw stood up in court and broke into song about being forced to step down from her duties at the age of 70.’
Daily Telegraph, 8th August 2014
Source: www.telegraph.co.uk
Woman who tried to trick strangers into raping former colleague jailed – The Guardian
‘A woman who used sex chatrooms to try to trick strangers into raping a former work colleague has been jailed for six years.’
The Guardian, 8th August 2014
Source: www.guardian.co.uk
Epileptic teenager died in police custody after officers failed to notice seizures on CCTV, report finds – The Independent
‘A young father died after police failed to notice him having three epileptic seizures in custody, it has emerged.
The Independent, 8th August 2014
Source: www.independent.co.uk
£300,000 on Supreme Court constitutional cases – BBC News
‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’
BBC News, 10th August 2014
Source: www.bbc.co.uk
