‘An 11-month-old boy who was beaten to death by his mother could have been saved if health and social workers had raised the alarm about his earlier injuries, a serious case review has concluded.
The Independent, 31st March 2014
Source: www.independent.co.uk
‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144
A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145
‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘In an application for a declaration of invalidity of a Community trade mark, where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) was called upon to take account of the national law of the member state in which protection was given to an earlier mark on which the application was based, OHIM had to, of its own motion and by whatever means considered appropriate, obtain information about that national law, where such information was necessary for the purposes of assessing the applicability of a ground for invalidity relied on before it and of assessing the accuracy of the facts adduced or the probative value of the documents submitted.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147
‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’
WLR Daily, 27th March 2014
Source: www.iclr.co.uk
‘A little boy who suffered brain injuries after falling from a bed should be returned to his parents after being taken into care nearly a year ago amid, the High Court has ruled.’
Daily Telegraph, 31st March 2014
Source: www.telegraph.co.uk
‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’
The Independent, 31st March 2014
Source: www.independent.co.uk
‘More than 4,500 people were prosecuted for homicides involving two or more defendants over the past eight years, a report has said.’
BBC News, 1st April 2014
Source: www.bbc.co.uk
‘Hundreds of people are convicted of murder or manslaughter every year in England and Wales even though they were not directly responsible for the crime, it is revealed today.’
The Independent, 1st April 2014
Source: www.independent.co.uk
‘Campaigners fighting the Ministry of Justice over a ban on books being sent to prisoners on Monday threatened to take their battle to the courts.’
The Guardian, 31st March 2014
Source: www.guardian.co.uk
‘HM Revenue & Customs (HMRC) has insisted it will appeal against a high court decision to award Sir David and Sir Frederick Barclay’s Littlewoods catalogue shopping business £1.2bn in a top-up settlement relating to a long-running legacy VAT dispute.’
The Guardian, 28th March 2014
Source: www.guardian.co.uk
‘The Supreme Court’s much anticipated judgments in Kennedy v The Charity Commission make for a long read. But they are very important. All the parties in Kennedy were represented by Counsel from 11KBW: Andrew Sharland for Mr Kennedy; Karen Steyn and Rachel Kamm for the Charity Commission and the Secretary of State; Ben Hooper for the ICO; and Christopher Knight for the Media Legal Defence Initiative and Campaign for Freedom of Information.’
Panopticon, 28th March 2014
Source: www.panopticonblog.com
‘A change in the law means thousands of ex-offenders looking for work will have their records wiped far sooner. But what is job-hunting like for those with a criminal past?’
BBC News, 28th March 2014
Source: www.bbc.co.uk
‘An ice cream seller who kept a vulnerable man as a slave in his garage was not given a lenient sentence, appeal court judges have ruled.’
BBC News, 28th March 2014
Source: www.bbc.co.uk
‘The government has announced an investment of up to £375m to modernise HM Courts & Tribunals Service over the second half of the decade.’
Litigation Futures, 28th March 2014
Source: www.litigationfutures.com
‘Public law principles allow you to challenge a decision of a public authority if the consultation process preceding it was unfair. Unfairness comes in many shapes and sizes, but the commonest one alleged is that it was not carried out at the formative stage. The authority had already made up enough of its mind so the consultation process ceased to mean anything – it was just going through the motions.’
UK Human Rights Blog, 28th March 2014
Source: www.ukhumanrightsblog.com
‘Controversial Harley Street specialist is found guilty of claiming he can cure cancer in landmark case brought by trading standards.’
Daily Telegraph, 30th March 2014
Source: www.telegraph.co.uk
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