Tag: Jury

NN v ZZ and Others: FD 26 Jul 2013

Fact-finding hearing concerning the family of two children, a girl aged three and a boy aged two, in respect of whom there are cross-applications for residence orders by their mother and father.
The central allegation is made by the mother, who says that in September 2012 she was taken to Pakistan by the father and abandoned there. It was not until March 2013 that she managed, after much official intervention, to return to England. The situation she alleges is that of a ‘stranded spouse’.

Peter Jackson J
[2013] EWHC 2261 (Fam), [2013] Fam Law 1523, [2016] 4 WLR 9
Bailii
England and Wales

Jury

Updated: 20 November 2021; Ref: scu.515540

Moosa, Regina (on The Application of) v Legal Services Commission: Admn 29 Jul 2013

Application for permission to apply for judicial review of a final decision by the Legal Services Commission to refuse to grant public funding, or legal aid for proceedings before the Court of Protection.
Held: The decision reached by the Legal Services Commission in their decision letter is not even arguably wrong.

Holman J
[2013] EWHC 2804 (Admin)
Bailii

Legal Aid

Updated: 20 November 2021; Ref: scu.515307

Irving and Another v Darbyshire and Others: Admn 29 Jul 2013

The parties had settled a defamation claim in the Isle of Man and sums were paid to the settle te action and costs. Before they were released, the Coroner in the Isle of Man issued Notices of Arrest to the solicitors holding the funds. The court was now asked whether the sums were held for the defendant or claimant.
Held: The clearly and distinctly more appropriate forum for the determination of this claim is the Isle of Man, and nor was it unjust to expect the climants to litigate the matter under Manx law. The request for an order of Forum non conveniens succeeded.

Turner J
[2013] EWHC 2301 (Admin)
Bailii
England and Wales

Jurisdiction

Updated: 17 November 2021; Ref: scu.513744

The United Road Transport Union, Regina (on The Application of) v Secretary of State for Transport: CA 29 Jul 2013

The Union appealed against refusal of judicial review of decisions of the defendant to refuse to accede to the claimant’s request that there be introduced secondary legislation having the effect of providing for commercial road transport workers a civil remedy (in particular in the form of access to an employment tribunal) if they were required to work in contravention of regulations providing for breaks and rest periods, in line with the access to a tribunal which is available for the generality of other workers in a comparable situation. What is said is that the refusal to introduce any such secondary legislation in respect of commercial road transport workers breaches either the principle of equivalence; or the principle of effectiveness; or both.
Held: The appeal failed.

Jackson, Elias, Davis LJJ
[2013] EWCA Civ 962
Bailii
England and Wales

Transport

Updated: 17 November 2021; Ref: scu.513709