BAILII: Recent Decisions

Posted June 16th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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King v The Chiltern Dog Rescue and another – WLR Daily

Posted June 16th, 2015 in appeals, law reports, wills by sally

King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245

‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’

WLR Daily, 9th June 2015

Source: www.iclr.co.uk

Southward Housing Co-operative Ltd v Walker and others – WLR Daily

Posted June 16th, 2015 in landlord & tenant, law reports, leases by sally

Southward Housing Co-operative Ltd v Walker and others [2015] EWHC 1615 (Ch); [2015] WLR (D) 246

‘The rule that it was beyond the power of the landlord and the tenant to create a term which was uncertain did not depend for its application on the parties’ intentions; but might be disapplied where those intentions and fundamental aspects of their agreement would be confounded by it.’

WLR Daily, 8th June 2015

Source: www.iclr.co.uk

‘Money for lawyers’ triggers jump in reopened divorce cases – Law Society’s Gazette

Posted June 16th, 2015 in divorce, financial provision, news by sally

‘The number of people returning to the courts to boost their divorce settlements doubled last year – partly because there is more money around to spend on lawyers, according to new data.’

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Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk

English judge: persistent environmental offenders should expect ‘substantial’ fines – OUT-LAW.com

‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’

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OUT-LAW.com, 12th June 2015

Source: www.out-law.com

Criminal law changes – Law Society’s Gazette

‘Offender Rehabilitation Act

This act came into force on 1 February 2015 for sentences imposed on or after that date. This is important for any defendant who receives a sentence of more than one day but less than two years, and who is over 18 on the day of their release. They will now be required to spend a total of one year either on licence or on supervision under the provisions introduced by this statute (section 256AA of the Criminal Justice Act 2003).’

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Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk

Independent reviewer recommends redraft of UK surveillance laws – OUT-LAW.com

‘Existing UK surveillance laws should be scrapped and replaced by a “comprehensive and comprehensible new law…drafted from scratch”, the barrister appointed to review UK terrorism legislation has said.’

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OUT-LAW.com, 16th June 2015

Source: www.out-law.com

Assessment of domestic violence should not be culture sensitive – UK Human Rights Blog

Posted June 16th, 2015 in corporal punishment, divorce, domestic violence, news by sally

‘This recent domestic violence case involving a child and the comments made by Mrs Justice Pauffley have been exciting the interest of both the media those agencies involved in child protection, such as the NSPCC.’
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UK Human Rights Blog, 13th June 2015

Source: www.ukhumanrightsblog.com

Judges must not speak out on matters “hotly debated in Parliament”, Beatson LJ says – Legal Futures

Posted June 16th, 2015 in bills, judges, judiciary, news, parliament by sally

‘It would be wrong for judges to “intervene or to comment while a matter is being hotly debated in Parliament”, Lord Justice Beatson has said.’
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Legal Futures, 15th June 2015

Source: www.legalfutures.co.uk

The Supreme Court interprets fixed service charges – 36 Bedford Row Property Blog

Posted June 16th, 2015 in appeals, covenants, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has handed down judgment in Arnold v. Britton & Ors. [2015] U. K. S. C. 36, concerning the construction of service charge clauses for holiday chalets in Oxwich Bay, South Wales (pictured). In so doing, it has taken the opportunity to reiterate and re-emphasise some fundamental principles of contractual interpretation.’

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36 Bedford Row Property Blog, 11th June 2015

Source: www.36property.co.uk

Release ‘critical’ reports into privately run immigration centres, ICO orders – The Guardian

Posted June 16th, 2015 in disclosure, freedom of information, immigration, news, publishing, reports by sally

‘Potentially damaging reports into the running of two immigration detention centres by private contractors must be released by the Home Office within weeks, the Information Commissioner’s Office (ICO) has said.’

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The Guardian, 15th June 2015

Source: www.guardian.co.uk

Appeal court surprised by solicitors’ partnership agreed “in the pub” – Legal Futures

Posted June 16th, 2015 in appeals, contracts, law firms, news, partnerships, solicitors by sally

‘The Court of Appeal has upheld a High Court decision against one solicitor in favour of her former partner, after expressing surprise that the pair had no more than a verbal agreement made in the pub over a drink.’

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Legal Futures, 12th June 2015

Source: www.legalfutures.co.uk

Britain Can Lead the World In Online Privacy – UK Human Rights Blog

Posted June 16th, 2015 in data protection, internet, investigatory powers, news, privacy, reports, terrorism by sally

‘British legal history has long inspired the common law world. The Magna Carta, an 800-year-old agreement between a King and his barons, remains an icon of liberty, seen around the world as the foundation stone of the rule of law. In contrast, British law on online surveillance and privacy has been arcane and obscure – a field that is for reluctant experts if it is for anyone at all.’

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UK Human Rights Blog, 13th June 2015

Source: www.ukhumanrightsblog.com

Magna Carta: explore the document in full – The Guardian

Posted June 16th, 2015 in constitutional history, documents, magna carta, news by sally

‘Find out for yourself what Magna Carta says by consulting the original document, with English translation, Latin transcription, and expert commentary from the AHRC’s Magna Carta Project.’

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The Guardian, 15th June 2015

Source: www.guardian.co.uk

Double divorces on the rise as ex-spouses bring new claims against their former partners – The Independent

Posted June 16th, 2015 in divorce, financial provision, news, pensions by sally

‘The number of disgruntled spouses returning to court to try and win more money from former partners after a divorce has already gone through has more than doubled in a year.’

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The Independent, 15th June 2015

Source: www.independent.co.uk

Mother’s bid to use dead daughter’s eggs fails – BBC News

Posted June 16th, 2015 in assisted reproduction, consent, grandparents, news by sally

‘A mother cannot use her dead daughter’s frozen eggs to give birth to her own grandchild, the High Court in London has ruled.’
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BBC News, 15th June 2015

Source: www.bbc.co.uk

Judge sends six-year-old boy to live with mother’s killer’s family – Daily Telegraph

Posted June 16th, 2015 in custody, grandparents, news, residence orders by sally

‘Sending boy whose father murdered his mother to live with maternal grandparents in China could add to his trauma despite their ‘primal link’, Family Court rules.’

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Daily Telegraph, 15th June 2015

Source: www.telegraph.co.uk

Newark street racers jailed for high-speed crash death – BBC News

Posted June 16th, 2015 in dangerous driving, disqualification, homicide, news by sally

‘Two speeding drivers have been jailed for killing a man as they raced at high speed through a town centre.’

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BBC News, 15th June 2015

Source: www.bbc.co.uk

First priest to marry same-sex partner sues church for discrimination – The Guardian

‘The first priest to marry his same-sex partner has begun a discrimination case against the Church of England over its withdrawal of his right to officiate as a priest following the union.’

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The Guardian, 16th June 2015

Source: www.guardian.co.uk

Freddie Starr sues over grope claim – BBC News

Posted June 16th, 2015 in damages, defamation, news, public interest by sally

‘Comedian Freddie Starr is claiming damages from a woman who says he groped her when she was 15.’

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BBC News, 15th June 2015

Source: www.bbc.co.uk