Day: 30 March 2015
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
- Watson v R [2015] EWCA Crim 559 (27 March 2015)
- ABC & Ors, R v [2015] EWCA Crim 539 (26 March 2015)
- Quillan & Ors, R. v [2015] EWCA Crim 538 (25 March 2015)
- Lariba & Ors v R [2015] EWCA Crim 478 (24 March 2015)
- Masih v R [2015] EWCA Crim 477 (24 March 2015)
- Smith & Ors v R [2015] EWCA Crim 431 (19 March 2015)
The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers
‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’
Full story (PDF)
Blackstone Chambers, 27th March 2015
Source: www.blackstonechambers.com
Google and the DPA – RIP section 13(2) – Panopticon
‘Well, isn’t this an exciting week (and I don’t mean Zayn leaving One Direction)? First, Evans and now Vidal-Hall. We only need Dransfield to appear before Easter and there will be a full red bus analogy. Robin opened yesterday’s analysis of Evans by remarking on the sexiness of FOIA. If there is one thing you learn quickly as an information law practitioner, it is not to engage in a sexiness battle with Robin Hopkins. But high-profile though Evans is, the judgment in Vidal-Hall will be of far wider significance to anyone having to actually work in the field, rather than simply tuning every now and then to see the Supreme Court say something constitutional against a FOIA background. Vidal-Hall might not be the immediate head-turner, but it is probably going to be the life-changer for most of us. So, while still in the ‘friend zone’ with the Court of Appeal, before it all gets serious, it is important to explain what Vidal-Hall v Google [2015] EWCA Civ 311 does.’
Panopticon, 27th March 2015
Source: www.panopticonblog.com
Essex child abuse: Family of rape victim, five, want case reviewed – BBC News
‘The parents of a five-year-old rape victim have called for a new police investigation into her case.’
BBC News, 29th March 2015
Source: www.bbc.co.uk
Disability discrimination goes to full trial – Nearly Legal
‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’
Nearly Legal, 29th March 2015
Source: www.nearlylegal.co.uk
Council ban legislation creating ‘bizarre’ laws, campaigners say – BBC News
‘A law that allows councils in England and Wales to ban certain activities in public is leading to “bizarre new criminal offences”, campaigners say.’
BBC News, 30th March 2015
Source: www.bbc.co.uk
Wife gets tenth of £2million demand after signing ‘post nuptial’ agreement – Daily Telegraph
‘Caroline Hopkins challenged the terms of the settlement but judge rejected claim.’
Daily Telegraph, 27th March 2015
Source: www.telegraph.co.uk
IPCC takes over investigation into Cyril Smith claim – BBC News
‘The police watchdog has taken charge of an inquiry into the handling of an alleged incident involving Cyril Smith.’
BBC News, 27th March 2015
Source: www.bbc.co.uk
Financial Conduct Authority v Capital Alternatives Ltd and others – WLR Daily
‘The critical question in deciding whether property was “managed as a whole” within section 235(3)(b) of the Financial Services and Markets Act 2000 was whether a characteristic feature of the arrangements under the scheme was that the property to which those arrangements related was managed as a whole. Whether that condition was satisfied required an overall assessment and evaluation of the relevant facts.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
Society of Lloyd’s v Noel – WLR Daily
Society of Lloyd’s v Noel [2015] EWHC 734 (QB); [2015] WLR (D) 142
‘In considering whether “a party had persistently issued claims or made claims which are totally without merit” for the purpose of meeting the criteria for the making an extended civil restraint order in accordance with paragraph 3.1 of Practice Direction 3C supplementing CPR r 3.11, the court was entitled to have regard to all such claims and applications made by the litigant, including those made prior to the making of an earlier extended civil restraint order.’
WLR Daily, 20th March 2015
Source: www.iclr.co.uk
ITV plc and others v Pensions Regulator and another – WLR Daily
ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139
‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’
WLR Daily, 24th March 2015
Source: www.iclr.co.uk
Google loses UK appeal court battle over ‘clandestine’ tracking – The Guardian
‘Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.’
The Guardian, 27th March 2015
Source: www.guardian.co.uk
Herbal doctors will not be regulated, despite pleas from Prince Charles – Daily Telegraph
‘Despite lobbying from Prince Charles, health officials have decided there is not enough evidence herbal medicines work to justify regulating the ancient practices.’
Daily Telegraph, 27th March 2015
Source: www.telegraph.co.uk
Dark Justice sting paedophile John Rudd jailed – BBC News
‘A man who thought he was meeting a 14-year-old girl but was being tricked by a group of internet paedophile hunters has been jailed for a year.’
BBC News, 27th March 2015
Source: www.bbc.co.uk
Former solicitor is told he should be ‘grateful’ that vigilante paedophile hunter caught him – Daily Telegraph
‘Martin Currier, 51, went to meet a 13-year-old girl he met online but was confronted by famed paedophile vigilante Stinson Hunter who reported him to police.’
Daily Telegraph, 27th March 2015
Source: www.telegraph.co.uk
Operation Elveden: Court quashes reporter’s conviction – BBC News
‘An ex-News of the World reporter who was found guilty of paying a prison officer for information has had their conviction quashed.’
BBC News, 27th March 2015
Source: www.bbc.co.uk
Woman given suspended sentence for funding jihadi boyfriend in Syria – The Guardian
‘An “immature and naive” young woman who was strung along by her jihadi boyfriend wept in court as she was told she would not go to prison for agreeing to send him money.’
The Guardian, 27th March 2015
Source: www.guardian.co.uk
Father who insisted he had a right to smack his children has son and daughter taken into care – Daily Telegraph
‘The father, from Rotherham, was completely open with social workers about his conviction that children benefit from corporal punishment.’
Daily Telegraph, 27th March 2015
Source: www.telegraph.co.uk
‘Human rights law has no place on the battlefield’ – Policy exchange report – The Guardian
‘Britain should withdraw from the European convention on human rights during wartime because troops cannot fight under the yoke of “judicial imperialism”, according to a centre-right thinktank.’
The Guardian, 30th March 2015
Source: www.guardian.co.uk
