‘A man known as the Naked Rambler has lost his case at the European court of human rights where, he claimed he had a right to bare all in public.’
The Guardian, 28th October 2014
Source: www.guardian.co.uk
‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’
WLR Daily, 24th October 2014
Source: www.iclr.co.uk
‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’
WLR Daily, 21st October 2014
Source: www.iclr.co.uk
‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
‘A “change of circumstances” for the purposes of an application for permission to apply to revoke a placement order under section 24 of the Adoption and Children Act 2002 had to be a change which had occurred since the making of the placement order and whichwas relevant to the circumstances of the case. It would be unacceptable to exclude any change in circumstances to the children who were the subject of the orders.’
WLR Daily, 21st October 2014
Source: www.iclr.co.uk
‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443
‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’
WLR Daily, 23rd October 2014
Source: www.iclr.co.uk
Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442
‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’
WLR Daily, 23rd October 2014
Source: www.iclr.co.uk
‘The last sentence of article 4(4) of the Convention on the Law Applicable to Contractual Obligations (Rome Convention) applied to a commission contract for the carriage of goods solely when the main purpose of the contract consisted in the actual transport of the goods concerned, which was for the referring court to verify. Where the law applicable to a contract for the carriage of goods could not be fixed under the second sentence of article 4(4), it had to be determined in accordance with the general rule laid down in article 4(1) that the law governing the contract was that of the country with which it was most closely connected. Where it was argued that a contract had a closer connection with a country other than that the law of which was designated by the presumption laid down in article 4(2), the national court had to compare the connections existing between that contract and the country whose law was designated by the presumption and the other country concerned. In so doing, the national court had to take account of the circumstances as a whole, including the existence of other contracts connected with the contract in question.’
WLR Daily, 23rd October 2014
Source: www.iclr.co.uk
Standard Chartered Bank v Dorchester LNG (2) Ltd [2014] EWCA Civ 1382; [2014] WLR (D) 440
‘The expression “completion, by delivery of the bill, of any indorsement of the bill” in section 5(2)(b) of the Carriage of Goods by Sea Act 1992 meant that completion of an indorsement by delivery required the voluntary and unconditional transfer of possession by the holder to the indorsee and an unconditional acceptance by the indorsee.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439
‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’
WLR Daily, 20th October 2014
Source: www.iclr.co.uk
‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’
UK Human Rights Blog, 27th October 2014
Source: www.ukhumanrightsblog.com
‘Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson.’
New Law Journal, 27th October 2014
Source: www.newlawjournal.co.uk
Court of Appeal (Criminal Division)
Halahan v R [2014] EWCA Crim 2079 (24 October 2014)
Court of Appeal (Civil Division)
Aster Healthcare Ltd v Shafi (The Estate of) [2014] EWCA Civ 1350 (24 October 2014)
Morris v Blackpool Borough Council & Anor [2014] EWCA Civ 1384 (24 October 2014)
K v The Hospital Managers of the Kingswood Centre & Anor [2014] EWCA Civ 1332 (23 October 2014)
HTC Corporation v Gemalto SA [2014] EWCA Civ 1335 (22 October 2014)
Rees & Anor v Gateley Wareing (a firm) & Ors [2014] EWCA Civ 1351 (22 October 2014)
Foster & Anor v Action Aviation Ltd & Ors [2014] EWCA Civ 1368 (23 October 2014)
Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373 (23 October 2014)
Standard Chartered Bank v Dorchester LNG (2) Ltd (Rev 1) [2014] EWCA Civ 1382 (22 October 2014)
G (A Child) [2014] EWCA Civ 1365 (22 October 2014)
Nzolameso v City of Westminster [2014] EWCA Civ 1383 (22 October 2014)
Source: www.bailii.org
‘Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public Services. The use of choice and competition gives rise to public service markets, and ensuring that these markets function effectively is one of the Competition and Markets Authority’s declared objectives. Higher education constitutes one of the larger public service markets, and to understand how the market for undergraduate education in England functions, in October 2013, the OFT launched a Call For Information. Amongst other things, the OFT wished to consider whether it was plausible for universities to have arrived at a uniform fee for all their undergraduate courses without colluding, and whether the way prospective undergraduates apply for university places could harm competition between institutions, to the detriment of students. The OFT’s higher education report, published in March 2014, provides useful insights into the role of competition law in public service markets and of the challenges of apply competition law in public service markets.’
Competition Bulletin from Blackstone Chambers, 27th October 2014
Source: www.competitionbulletin.com
‘As a new BBC documentary claims to tell the untold story behind the case, Harry Ferguson argues that confidence in social work has been undermined.’
The Guardian, 27th October 2014
Source: www.guardian.co.uk
‘Is the question of anything more than historical interest? The Constitutional Reform Act 2005 precluded judicial peers from contributing to parliamentary debate from 1 October 2009. Many of the Law Lords were opposed to the change, and many judges are at least nostalgic for the past arrangements. The current Lord Chief Justice (LCJ) of England and Wales, Lord Thomas, and his immediate predecessor, Lord Judge, have both publicly regretted the fact that they cannot speak in Parliament on matters of importance to the judiciary. To the extent that the outlook of judges today is shaped partly by the feeling that they have lost a valuable platform, the issue is worth exploring. In fact judges were very infrequent contributors to parliamentary debate. Whilst past Lord Chief Justices – and other judicial peers – may have occasionally used the chamber of the Lords as a platform for articulating judicial viewpoints, all things considered they did so rarely.’
UK Constitutional Law Association, 28th October 2014
Source: www.ukconstitutionallaw.org
‘Prisons are struggling to cope with the growing numbers of old, sick and disabled people behind bars, according to a prison charity.’
The Independent, 28th October 2014
Source: www.independent.co.uk
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