July 2015 – Page 3 – Current Awareness

NRAM plc v McAdam and another – WLR Daily

Posted July 30th, 2015 in agreements, appeals, consumer credit, consumer protection, estoppel, law reports by sally

NRAM plc v McAdam and another [2015] EWCA Civ 751; [2015] WLR (D) 334

‘In a specific loan agreement, which was the template for agreements between a bank and numerous customers, the protections under section 77A of the Consumer Credit Act 1974 had not been incorporated, and no estoppel arose from the existence of the statutory wording in the agreement. Nor was it possible to treat the borrowers “as if” they had been under the protection provided by the 1974 Act. However, there had been a representation (and contractual warranty) arising from the statement that the loan agreement was a regulated agreement, when it was not, which would have entitled the borrowers to sue for misrepresentation or breach of contractual warranty.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, human rights, investigatory powers, law reports, Supreme Court, terrorism by sally

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) [2015] UKSC 49; [2015] WLR (D) 330

‘The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours— without any requirement for prior “reasonable suspecion”— for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with articles 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

English drug dealer not sentenced in Wales because he doesn’t understand the accent – The Independent

Posted July 30th, 2015 in courts, news, sentencing, Wales by sally

‘A drug dealer from the West Midlands has reportedly refused to appear in court in Wales – because he doesn’t understand the Welsh accent.’

Full story

The Independent, 28th July 2015

Source: www.independent.co.uk

Regina (Hunt) v North Somerset Council – WLR Daily

Posted July 30th, 2015 in appeals, budgets, costs, judicial review, law reports, local government, Supreme Court by sally

Regina (Hunt) v North Somerset Council [2015] UKSC 51; [2015] WLR (D) 331

‘Where a claimant for judicial review had sought a quashing order but not declaratory relief and the court, having found the defendant to have acted unlawfully, refused the quashing order due to the passage of time, it was not obliged of its own initiative to grant a declaration.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Bagum v Hafiz and another – WLR Daily

Posted July 30th, 2015 in appeals, law reports, sale of land, trusts by sally

Bagum v Hafiz and another [2015] EWCA Civ 801; [2015] WLR (D) 329

‘Sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996 conferred on the court a substantially wider discretion, exercised on the basis of wider considerations, than the trustees themselves enjoyed acting without either the beneficiaries’ consent or a court order. The court’s powers were there to enable the property to be dealt with justly when the beneficiaries could not agree and direct the trustees how to deal with the property.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina (Champion) v North Norfolk District Council and another – WLR Daily

Posted July 30th, 2015 in appeals, environmental protection, law reports, local government, planning, Supreme Court by sally

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina v Ali (Yasir) and another – WLR Daily

Posted July 30th, 2015 in appeals, crime, law reports, sexual offences, trafficking in human beings by sally

Regina v Ali (Yasir) and another [2015] EWCA Crim 1279; [2015] WLR (D) 327

‘A car journey of a few miles constituted “travel”, within section 58(1) of the Sexual Offences Act 2003, for the purposes of the offence of trafficking within the United Kingdom for sexual exploitation.’

WLR Daily, 17th July 2015

Source: www.iclr.co.uk

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Kiani v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2015 in appeals, employment tribunals, human rights, intelligence services, law reports, trials, tribunals, unfair dismissal by sally

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

Bramley apple pie filling wins protected status from European commission – The Guardian

Posted July 30th, 2015 in EC law, food, news by sally

‘In a nod to British baking that could warm the hearts of even the most eurosceptic person, the tangy taste of a Bramley apple pie filling has officially been awarded protected status by the European commission.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk

‘I watched the man convicted of sexually abusing me as a child walk free from court with a fine’ – The Independent

Posted July 30th, 2015 in child abuse, community service, costs, fines, news, sentencing, sexual offences, suspended sentences by sally

‘A child sex abuse victim who was attacked by her sister’s fiancé when she was just 10 years old has started a campaign to change the legal system that saw her abuser walk free from court.’
Full story

The Independent, 29th July 2015

Source: www.independent.co.uk

Court rejects government appeal over fast-track detention of asylum seekers – The Guardian

Posted July 30th, 2015 in appeals, asylum, detention, news by sally

‘Government hopes of quickly restarting the detention of asylum seekers under its fast-track process have been dealt a serious blow by the loss of a court of appeal challenge brought by the justice secretary, Michael Gove.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk

Undercover policing inquiry: officers giving evidence might receive immunity – The Guardian

Posted July 29th, 2015 in evidence, immunity, inquiries, news, police, spying by sally

‘Undercover police officers who disclose crucial evidence to a public inquiry into the covert infiltration of political groups could be given immunity from prosecution.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

End-of-life judgments shouldn’t be made by one doctor, says new guidance – The Guardian

Posted July 29th, 2015 in doctors, health, hospitals, news by sally

‘Judgments on when patients are reaching the end of their lives should be taken by a number of health experts rather than relying on the medical opinion of just one doctor, according to new guidance from health officials.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk

Denying prisoners legal aid may be illegal, appeal court rules – The Guardian

Posted July 29th, 2015 in criminal justice, legal aid, news, prisons by sally

‘Denying prisoners in England and Wales legal aid so they can effectively challenge the conditions under which they are held could be illegal, the court of appeal has ruled.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

UK court convicts man of revenge killing in Pakistan – The Guardian

Posted July 29th, 2015 in domestic violence, murder, news, Pakistan by sally

‘An abusive husband has been convicted of gunning down his mother-in-law on her doorstep in Pakistan in a revenge killing after his wife left him.’

Full story

The Guardian, 28th July 2015

Source: www.guardian.co.uk

Coroners must send bodies for scans rather than autopsies if religion demands they stay intact, High Court rules – The Independent

Posted July 29th, 2015 in coroners, human rights, human tissue, injunctions, judicial review, news by sally

‘Coroners must send bodies for scans or blood tests rather than carry out invasive autopsies if the deceased’s religion demands the corpse must stay intact, the High Court has ruled, in a landmark legal victory for the religious rights of Jews and Muslims.’
Full story

The Independent, 28th July 2015

Source: www.independent.co.uk

Child Protection and Data Protection – Panopticon

Posted July 29th, 2015 in child abuse, children, data protection, human rights, local government, news, time limits by sally

‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’

Full story

Panopticon, 23rd July 2015

Source: www.panopticonblog.com

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Posted July 29th, 2015 in appeals, EC law, environmental health, judicial review, news, planning, Supreme Court by sally

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com