Month: March 2013

27.03.13

Land banking company was operating collective investment scheme

In the FsA v Asset Land Investment Inc and others [2013] EWHC 178 the question for the High Court (Andrew smith J) was whether the land banking scheme operated by the defendant(s) was a “collective investment scheme” within the definition of section 235 FisMA 2000. Investors were sold plots of land at a number of…

24.03.13

Court of Appeal stresses need for specific justification where there is interference with Article 8 rights

In R (on the application of Catt) and (1) Association of Chief Police Officers (2) Commissioner of Police of the Metropolis; R (on the application of T) and Commissioner of Police for the Metropolis [2013] EWCA Civ 192, the Court of Appeal considered two cases concerning the retention of personal data by the police. The…

A reminder that fishing expeditions and inexplicable delay will not be tolerated

In Banwaitt and Dewji (2013), the Claimant alleged that he had been induced to invest in a land deal in Cambodia through fraud or negligence. A week prior to trial, the Claimant made an application for specific disclosure of the names of other investors and emails between them and Defendant. The application was refused firstly…

High Court rules TFL ban on homophobic bus advert not unlawful

Mrs Justice Lang has handed down judgment in the case of Core Issues Trust v TFL [2013] EWHC 651 (Admin).  The Claimant had sought judicial review of TFL (Transport For London)’s decision to ban an advert from London buses.  The advert in question, commissioned by the Christian charity Anglican Mainstream on behalf of the Claimant, read NOT GAY! EX-GAY, POsT-GAY AND PROUD. GET…

22.03.13

supreme Court considers 'prevention/detection of crime' defence in harassment cases

The supreme Court in Hayes v Willoughby, have considered the scope of the defence under s.1(3)(a) of the Protection of Harassment Act 1997. Under that provision, a person cannot be found liable for a course of conduct that amounts to harassment if their conduct was pursued for the purpose of preventing or detecting crime.  The…

21.03.13

Criminal benefit from fraudulent mortgages

The supreme Court handed down its decision in Waya [2012] UKsC 51 back in November 2012 but it is of no less practical importance for that. The Court was constituted of nine judges and Lord Walker and sir Anthony Hughes gave the lead judgment (with Lord Reed and Lord Phillips dissenting). Lord Walker conducted a…

15.03.13

Iain Wilson listed in Thomson Reuters super Lawyers

Brett Wilson LLP partner Iain Wilson has been listed as a ‘Rising star’ in the inaugural London edition of the Thomson Reuters super Lawyers.  The London directory was launched on 14 March 2013 to compliment the prestigious Us directory which is now in its 22nd year.  The number of lawyers listed as Rising stars (a category for lawyers aged 40…

12.03.13

Marital coercion: an archaic defence?

The trial of Vicky Pryce has brought the defence of marital coercion back into the public consciousness and has sparked debate about whether this ˜antiquated defence has any place in modern society. In fact, the Law Commission recommended the abolition of the defence, in its current form, as far back as 1977. The defence has…

4.03.13

Right to respect for family and private life trumps freedom of expression in ˜harassment by protest case

In The Wife and Children of Omar Othman v English National Resistance & Others the High Court ruled that an injunction preventing protest within the vicinity of a family home and the release of personal information relating to the family did not breach the freedom of expression enshrined in Article 10 of the European Convention…

1.03.13

Court of Appeal allows identification by Facebook in criminal prosecution

The Court of Appeal has given guidance on how the courts and prosecution service should deal with identifications made through Facebook in the appeal of Daniel McGill and Gordon Alexander.  McGill and Alexander were convicted on 19 December 2011 at Middlesbrough Crown Court for robbery.  Their victim, Daniel Kaye, had been mugged at knife point…