‘“[T]here is force in the observation attributed to Václav Havel, no doubt informed by the dire experience of central Europe: “The Gipsies are a litmus test not of democracy but of civil society”.” So said Lord Bingham of Cornhill in the House of Lords in South Buckinghamshire DC v Porter (No 1).’
No. 5 Chambers, 18th December 2014
Source: www.no5.com
‘The European Commission’s controversial infringement decision relating to ‘pay for delay’ pharmaceutical patent settlements is subject to a further challenge.’
Zenith Chambers, 23rd December 2014
Source: www.zenithchambers.co.uk
‘Over many years of representing landlords (usually by their appointed property management company) in leasehold service charge disputes before the Tribunals, various themes have developed. One of them is my frustration, in the majority of cases, at the quality of evidence with which I must present my client’s case. It actually isn’t that difficult to get your best evidence before the Tribunals and secure the best possible recovery. Especially with the benefit of hindsight!’
Hardwicke Chambers, 17th December 2014
Source: www.hardwickec.co.uk
CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557
‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550
‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551
‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
‘The College of Policing guidance relating to post-incident management of investigations into deaths that followed the use of force by police officers met the procedural requirements of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was lawful.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk
‘Provisions in the Exceptional Funding Guidance (Non-Inquests), issued by the Lord Chancellor under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although correctly identifying many of the particular factors which were to be taken into account by the Director of Legal Aid Casework and legal aid caseworkers in deciding whether to make an exceptional case determination for legal aid in a particular case, mis-stated the discretion conferred by section 10(3)(b) of the 2012 Act, and failed to comply with both article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, and article 47 of the Charter of Fundamental Rights of the European Union, by impermissibly sending a clear signal to the director and the caseworkers that the refusal of legal aid would amount to a breach only in rare and exceptional cases.’
WLR Daily, 15th December 2014
Source: www.iclr.co.uk
‘In Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWHC 445 (Pat) (28 Feb 2014) Jarden Consumer Solutions (Europe) Ltd (“Jarden”) sued SEB SA (“SEB”) for the revocation of its European patent number 2.085,003 (“the patent”) for deep fryer with automatic fat coating. SEB counterclaimed for infringement of the patent by importing and selling the Breville Halo Health fryer. The action came on for trial before Mr Justice Arnold who found that 3 of the claims of the patent were invalid but 3 others were valid and had been infringed. Jarden appealed against the judge’s construction of the patent and his finding of infringement. The appeal was heard by Lord Justices Vos and Burnett and Sir Timothy Lloyd in Jarden Consumer Solutions (Europe) Ltd v SEB SA and Another [2014] EWCA Civ 1629 (17 Dec 2014).’
NIPC Law, 1st January 2015
Source: www.nipclaw.blogspot.co.uk
‘Mobile phones that are being used by prisoners will be cut off under proposed new legislation.’
Ministry of Justice, 5th January 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Newly released Home Office figures show that 3,378 people have been detained under divisive immigration laws – including some held for years.’
Daily Telegraph, 5th January 2015
Source: www.telegraph.co.uk
‘Without prejudice’ correspondence between law firms on the costs of a complex dispute between mosquito net manufacturers was protected by privilege and not admissible in court, the High Court has ruled in a case with combined costs of £4.6m.’
Full story
UK Human Rights Blog, 6th January 2015
Source: www.ukhumanrightsblog.com
‘This case raises a very stark problem. A father wants to see his children aged 5 and 4. The mother has an elder daughter, Y, aged 17. Y told her teacher that the father sexually abused her. The truth or otherwise of this allegation is relevant to whether there should be contact between father and his children.’
UK Human Rights Blog, 5th January 2015
Source: www.ukhumanrightsblog.com
‘Media watchdog Ofcom has cleared the BBC of breaching broadcasting rules over a rape storyline, which prompted complaints from the public.’
BBC News, 5th January 2015
Source: www.bbc.co.uk
‘The High Court has ordered the government to pay for a litigant in person to be represented at a hearing despite his lack of eligibility for legal aid.’
Full story
Law Society’s Gazette, 5th January 2015
Source: www.lawgazette.co.uk
‘Little has been written on the subject of pension trusts, and the ways in which pension laws and trust laws interact. As academic subjects, many issues such as the purpose of a pension trust, employer duties, and the duties of directors of trustee companies, have long been under-represented. However, pension trust law is a technical area that requires more attention, and is also considered to be an exciting area of law that has been ignored in academia for too long. Author of The Law of Pension Trusts, David Pollard, explains why he decided to fill this gap and what issues he felt needed to be tackled in the law of pension trusts.’
OUP Blog, 6th January 2015
Source: http://blog.oup.com
‘A man who “brutally” battered to death his ex-wife to get custody of their young son has been given a life sentence for murder.’
BBC News, 5th January 2015
Source: www.bbc.co.uk
‘A panel of 24 potential jurors has been selected in the trial of four senior journalists at the Sun accused of paying public officials for stories.’
The Guardian, 5th January 2014
Source: www.guardian.co.uk
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