Month: August 2014

Regina (Buer) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2014 in EC law, freedom of movement, law reports, treaties by sally

Regina (Buer) v Secretary of State for the Home Department [2014] EWCA Civ 1109; [2014] WLR (D) 359

‘Article 13 of Decision No 1/80 adopted under the Agreement establishing an Association between the European Economic Community and Turkey did not apply to Turkish workers who were already sufficiently integrated into the work force of the host member state to enjoy rights under article 6(1) of the Decision.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (Maries) v Merton London Borough Council – WLR Daily

Posted August 4th, 2014 in appeals, appropriation, judicial review, law reports, local government, public interest by sally

Regina (Maries) v Merton London Borough Council [2014] EWHC 2689 (Admin); [2014] WLR (D) 357

‘In exercising the power to appropriate land under section 122(1) of the Local Government Act 1972, the statutory question that had to be determined was whether the land remained, or was no longer, required for a particular purpose, meaning no longer needed in the public interest of the locality for that purpose. That was a question for the local authority and not the court, subject to principles of Wednesbury reasonableness.’

WLR Daily, 31st August 2014

Source: www.iclr.co.uk

When is Same-Sex Parenting a Private Fostering Arrangement? – Family Law Week

Posted August 4th, 2014 in children, fostering, homosexuality, local government, news by sally

‘Kate Tompkins, barrister, of 36 Bedford Row considers the implications of private fostering arrangements in respect of children born to same-sex couples.’

Full story

Family Law Week, 31st July 2014

Source: www.familylawweek.co.uk

Ifejika v Ifejika – another case about design rights and contact lenses – NIPC Law

Posted August 4th, 2014 in appeals, damages, intellectual property, news by sally

‘In Ifejika v Ifejika and another [2011] EWPCC 31 (23 Nov 2011) His Honour Judge Birss QC (as he then was) ordered among other things an inquiry (or alternatively, by implication, an account) in relation to a lens care product the design rights in which he held to have been infringed by the claimant’s brother by of a competing product. The claimant elected an account of profits and this came on before HH Judge Hacon on 17 June 2014 (Ifejika v Ifejika and another [2014] EWHC 2625 (IPEC) (31 July 2014)).’

Full story

NIPC Law, 3rd August 2014

Source: www.nipclaw.blogspot.co.uk

The quasi-trust – The Barristers’ Hub

Posted August 4th, 2014 in constructive trusts, equity, fiduciary duty, limitations, news, Supreme Court, trusts by sally

‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’

Full story

The Barristers’ Hub, 1st August 2014

Source: www.barristershub.co.uk

BAILII: Recent Decisions

Posted August 4th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Grace, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1091 (09 June 2014)

Rotherham Borough Council & Ors, R (on the application of) v The Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080 (28 July 2014)

High Court (Queen’s Bench)

Mitchell v News Group Newspapers Ltd [2014] EWHC 2615 (QB) (28 July 2014)

Sunrise Brokers LLP v Rodgers [2014] EWHC 2633 (QB) (29 July 2014)

St Christopher School (Letchworth) Ltd v Schymanski & Anor [2014] EWHC 2573 (QB) (30 July 2014)

Smith v Bailey [2014] EWHC 2569 (QB) (28 July 2014)

Knauer v Ministry of Justice [2014] EWHC 2553 (QB) (24 July 2014)

Daniel v Secretary of State for the Department of Health [2014] EWHC 2578 (QB) (28 July 2014)

High Court (Chancery Division)

Walsh & Ors v Needleman Treon (A Firm) & Ors [2014] EWHC 2554 (Ch) (25 July 2014)

High Court (Administrative Court)

Krusinina v Prosecutors General Office of the Republic of Latvia [2014] EWHC 2509 (Admin) (23 July 2014)

Professional Standards Authority for Health And Social Care v General Pharmaceutical Council & Anor [2014] EWHC 2521 (Admin) (23 July 2014)

High Court (Family Division)

P v D & Ors [2014] EWHC 2355 (Fam) (24 July 2014)

AL v DA [2014] EWHC 2632 (Fam) (09 July 2014)

High Court (Technology and Construction Court)

O’Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd & Ors [2014] EWHC 2595 (TCC) (28 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v The Serious Fraud Office [2014] EWHC 2597 (Comm) (28 July 2014)

High Court (Patents Court)

Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 4th, 2014 in legislation by sally

The Civil Proceedings Fees (Amendment No. 3) Order 2014

The Civil Procedure (Amendment No. 6) Rules 2014

The Inheritance and Trustees’ Powers Act 2014 (Commencement) Order 2014

The Electricity Market Reform (General) Regulations 2014

The Contracts for Difference (Allocation) Regulations 2014

The Electricity Capacity Regulations 2014

The Contracts for Difference (Definition of Eligible Generator) Regulations 2014

The Green Deal (Qualifying Energy Improvements) (Amendment) Order 2014

The Local Audit (Delegation of Functions) and Statutory Audit (Delegation of Functions) Order 2014

The Judicial Appointments and Discipline (Addition of Office) Order 2014

The Port Security (Port of Rosyth) Designation Order 2014

The Data Retention Regulations 2014

The Contracts for Difference (Standard Terms) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations 2014

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

The Public Bodies (Abolition of Food from Britain) Order 2014

The Armed Forces Act (Continuation) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Mongolia) Order 2014

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Individual Protection 2014 Notification) Regulations 2014

The Provision of Services (Amendment) Regulations 2014

The Tax Credits (Settlement of Appeals) Regulations 2014

The Judicial Discipline (Prescribed Procedures) Regulations 2014

Source: www.legislation.gov.uk

Register your s.13 notices – NearlyLegal

Posted August 4th, 2014 in amendments, appeals, enfranchisement, housing, leases, news by sally

‘The recent decision in Regent Wealth Ltd and others v Wiggins [2014] EWCA Civ 1078 is a clear reminder to practitioners to register notices under s.13, Leasehold Reform, Housing and Urban Development Act 1993.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

Posted August 4th, 2014 in breach of trust, compensation, contract of employment, damages, employment, employment tribunals, loans, news, solicitors, unfair dismissal by sally

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

Full story

Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

Church faces legal challenge after blocking job offer to married gay priest – The Guardian

Posted August 4th, 2014 in Church of England, civil partnerships, disciplinary procedures, equality, homosexuality, marriage, married persons, news, sexual orientation discrimination by sally

‘The first priest to marry his same-sex partner is to issue a legal challenge to the Church of England after his offer of a job as an NHS chaplain was withdrawn when his bishop refused the necessary permission.’

Full story

The Guardian, 4th August 2014

Source: www.guardian.co.uk

Jamie McMahon murder: Pair jailed over churchyard killing – BBC News

Posted August 4th, 2014 in murder, news, robbery, sentencing by sally

‘Two men who kicked a snooker club worker to death in a Northampton churchyard have been jailed for life.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Consulting on library cuts – Law Society’s Gazette

Posted August 4th, 2014 in budgets, consultations, libraries, local government, news by sally

‘Local authorities proposing sensitive budget cuts inevitably cross minefields laden with lethal legal ordnance. This generally includes volatile consultation and equalities devices. But following the decision of Collins J on 17 July in Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin), consultation may have become more complex.’

Full story

Law Society’s Gazette, 4th August 2014

Source: www.lawgazette.co.uk

Parents accused of ’emotionally harming’ child by not naming him, win right to appeal – Daily Telegraph

Posted August 4th, 2014 in adoption, appeals, care homes, children, learning difficulties, names, news by sally

‘A couple from Hertfordshire who had their five-month-old baby taken off them because they refused to name him, have won the right to appeal the decision.’

Full story

Daily Telegraph, 1st August 2014

Source: www.telegraph.co.uk

Requests for FOI disclosures in particular formats must generally be adhered to, rules Court of Appeal – OUT-LAW.com

Posted August 4th, 2014 in appeals, disclosure, freedom of information, interpretation, news by sally

‘Public bodies must generally adhere to individuals’ requests for information to be provided in a specific electronic format under freedom of information (FOI) laws, the Court of Appeal in London has ruled.’

Full story

OUT-LAW.com, 1st August 2014

Source: www.out-law.com

Spencer v Taylor- Some Analysis – NearlyLegal

Posted August 4th, 2014 in appeals, landlord & tenant, news, notification, repossession, Supreme Court by sally

‘We have already reported briefly on the Supreme Court decision to refuse permission to appeal to the tenant in the case of a Spencer v Taylor on the grounds that no new points of law were raised.’

Full story

NearlyLegal, 3rd August 2014

Source: www.nearlylegal.co.uk

Wikipedia link to be hidden in Google under ‘right to be forgotten’ law – The Guardian

Posted August 4th, 2014 in freedom of expression, internet, news, privacy, statistics by sally

Google is set to restrict search terms to a link to a Wikipedia article, in the first request under Europe’s controversial new “right to be forgotten” legislation to affect the 110m-page encyclopaedia.

Full story

The Guardian, 2nd August 2014

Source: www.guardian.co.uk

Daniel Spargo-Mabbs death: Man jailed for drug supply – BBC News

Posted August 4th, 2014 in drug offences, news, sentencing by sally

‘A man has been jailed for five years for supplying drugs after a 16-year-old boy died at a rave in west London.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Bar Standards Board to “research need for accreditation schemes” – Legal Futures

Posted August 4th, 2014 in barristers, complaints, disciplinary procedures, judicial review, news, quality assurance, statistics by sally

‘The Bar Standards Board (BSB) has promised to research “the need for other quality assurance schemes and/or accreditation schemes” so the public can have confidence in barristers.’

Full story

Legal Futures, 4th August 2014

Source: www.legalfutures.co.uk

Family loses fight to keep autistic daughter in Swansea – BBC News

Posted August 4th, 2014 in autism, care homes, disabled persons, families, news by sally

‘A Swansea family has lost its bid to prevent a health board moving their autistic daughter to a specialist unit in Brighton.’

Full story

BBC News, 1st August 2014

Source: www.bbc.co.uk

Independent review urges NHS whistleblowers to speak – Daily Telegraph

Posted August 4th, 2014 in hospitals, inquiries, news, standards, whistleblowers by sally

Sir Robert Francis, head of the Mid Staffs public inquiry, calls for an end to a culture of ‘denial and fear’ as he launches first ever independent review of whistleblowing

Full story

Daily Telegraph, 3rd August 2014

Source: www.telegraph.co.uk