23/03/2015 – Current Awareness

Barco De Vapor BV and others v Thanet District Council – WLR Daily

Posted March 23rd, 2015 in animals, damages, EC law, freedom of movement, harbours, law reports, local government, standards by sally

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily

Posted March 23rd, 2015 in appeals, banking, bankruptcy, civil procedure rules, conflict of laws, contracts, jurisdiction, law reports by sally

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) [2015] EWCA Civ 226; [2015] WLR (D) 133

‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina v Doran and another – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, customs and excise, HM Revenue & Customs, law reports, proceeds of crime, proportionality, sentencing, VAT by sally

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina v Kakkad – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, conspiracy, drug offences, law reports, proceeds of crime by sally

Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130

‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

Full story

Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

Revisiting divorce settlements – Law Society’s Gazette

Posted March 23rd, 2015 in appeals, benefits, divorce, financial dispute resolution, financial provision, news by sally

‘The case of Stephen and Ellen Debruin, recently the subject of an application for leave to appeal by Mr Debruin, reopens the argument about whether the current wide discretion of judges in our divorce laws results in consistent and fair results.’

Full story

Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position – UK Constitutional Law Association

Posted March 23rd, 2015 in Administrative Court, judicial review, Ministry of Justice, news, statistics by sally

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

Full story

UK Constitutional Law Association, 20th March 2015

Source: www.constitutionallaw.org

No convictions over 500 black and Asian deaths in custody – The Guardian

Posted March 23rd, 2015 in death in custody, detention, immigration, minorities, news, police, prosecutions, racism, statistics by sally

‘More than 500 black and ethnic minority individuals have died in suspicious circumstances while in state detention over the past 24 years, but not a single official has been successfully prosecuted, a report examining institutional racism has revealed.’

Full story

The Guardian, 21st March 2015

Source: www.guardian.co.uk

A Point of View: Do parliament’s select committees wield too much power? – BBC News

Posted March 23rd, 2015 in news, parliament, select committees, statistics by sally

‘Parliamentary select committees have seen their profile grow over the past few years, but are they the right way of holding power to account, asks Tom Shakespeare.’

Full story

BBC News, 22nd March 2015

Source: www.bbc.co.uk

High Court: Judges should do “broad justice” when attributing costs between cases – Litigation Futures

Posted March 23rd, 2015 in costs, negligence, news by sally

‘Judges should be content to do “broad justice” when making costs orders to avoid “complicated attempts” to attribute them between a number of cases, the High Court has ruled.’

Full story

Litigation Futures, 23rd March 2015

Source: www.litigationfutures.com

Alex Peguero Sosa death: Lee Dent jailed for murder – BBC News

Posted March 23rd, 2015 in assisting offenders, murder, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for murdering a teenage footballer by stabbing him in the neck with a broken bottle.’

Full story

BBC News, 20th March 2015

Source: www.bbc.co.uk

Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

Posted March 23rd, 2015 in accidents, appeals, damages, drug offences, EC law, insurance, interpretation, news, personal injuries, road traffic by sally

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

Full story

UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

Smoothie court case leaves nasty taste in the mouth for placenta fans – The Independent

Posted March 23rd, 2015 in birth, environmental health, food, health & safety, human tissue, news by sally

‘Swindon Borough Council argue ‘the processes involved in the production of placenta for human consumption present a number of potentially serious health risks”

Full story

The Independent, 20th March 2015

Source: www.independent.co.uk

Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

Full story

Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

Theresa May drops rules on ordering universities to ban extremist speakers – The Guardian

Posted March 23rd, 2015 in contempt of court, freedom of expression, news, terrorism, universities by sally

‘The home secretary, Theresa May, has been forced to drop new statutory rules under which ministers could order universities and colleges to ban external extremist speakers.’

Full story

The Guardian, 20th March 2015

Source: www.guardian.co.uk

Nigel Roach gets life for trying to kill partner – BBC News

Posted March 23rd, 2015 in attempted murder, attempts, domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for the attempted murder of his partner in Cardiff.’

Full story

BBC News, 20th March 2015

Source: www.bbc.co.uk

No evidence of regulatory risks from online divorce, research finds – Legal Futures

Posted March 23rd, 2015 in consumer protection, costs, divorce, internet, Legal Services Board, news, statistics by sally

‘There is no evidence of online divorce leading to regulatory risks, joint research by the Legal Services Board (LSB) and Legal Services Consumer Panel has concluded.’

Full story

Legal Futures, 19th March 2015

Source: www.legalfutures.co.uk