Feedback on Sources

Posted November 18th, 2014 in news by sally

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Two cab drivers guilty of refusing to pick up blind man and guide dog – Daily Telegraph

Posted November 21st, 2014 in news by tracey

‘A blind man who was left standing in the pouring rain when two cab drivers refused to transport his guide dog has welcomed the decision to prosecute the pair so that “other people will not have to suffer”.

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Daily Telegraph, 21st November 2014

Source: www.telegraph.co.uk

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Lancashire sham marriages: Manchester gang jailed – BBC News

Posted November 21st, 2014 in news by tracey

‘A Manchester gang which set up sham weddings between Pakistani grooms and Portuguese brides has been jailed.’

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BBC News, 21st November 2014

Source: www.bbc.co.uk

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Conduct and disability – Employment Law Blog

Posted November 21st, 2014 in assault, disability discrimination, mental health, news, unfair dismissal by tracey

‘Was there gross misconduct? If there was, did it justify dismissal? Those were issues before Judge Eady QC in Burdett v Aviva Employment Services Ltd, UKEAT/0439/13/JOJ, a case concerned with both unfair dismissal and discrimination arising from disability. The employee had committed assaults in the workplace. However, this was because of his disability. He suffered from a paranoid schizophrenic illness. The ET was judged to have been in error in finding gross misconduct. They had failed to engage with the question of blameworthiness. The ET was also found to have been in error in assuming that dismissal will necessarily fall within the range of reasonable responses in a gross misconduct case.’

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Employment Law Blog, 20th November 2014

Source: www.employment11kbw.com

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Public access to local authority information: transparency with teeth – Panopticon

Posted November 21st, 2014 in documents, freedom of information, local government, news, planning by tracey

‘The Freedom of Information Act and Environmental Information Regulations are the dominant statutory regimes for public transparency, but they are of course not the only ones. A good example is the regime under the Local Government Act 1972 (as amended), particularly sections 100A-K. Those provisions govern public access to local authority meetings, as well as the public availability of minutes, reports, background documents and so on for such meetings, subject to provisions for exempt information (Schedule 12A). A recent judgment of the Admin Court (Cranston J) in a planning matter, Joicey v Northumberland County Council [2014] EWHC 3657 (Admin) illustrates the importance of compliance with that regime for public access to information.’

Full story

Panopticon, 20th November 2014

Source: www.panopticonblog.com

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Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’

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UK Constitutional Law Association, 19th November 2014

Source: www.ukconstitutionallaw.org/blog

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Frontier Estates -v- Berwin Leighton Paisner: in time application for extension of time refused – Zenith PI Blog

Posted November 21st, 2014 in civil procedure rules, limitations, news, time limits by tracey

‘Parties are advised to make applications in advance of the expiry of time limits in order to avoid a breach and have the courts look more favourably on their applications. It must be remembered however that an application made in time is not necessarily bound to succeed.’

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Zenith PI Blog, 21st November 2014

Source: www.zenithpi.wordpress.com

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Giving evidence in court – UK Visas and Immigration

Posted November 21st, 2014 in codes of practice, immigration, news, visas, witnesses by tracey

‘Modernised guidance for how UK Visas and Immigration prepares and gives evidence in court, and what it expects when it gives evidence.’

Full text

UK Visas and Immigration, 20th November 2014

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

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Applying interest in damages claims – Competition Bulletin from Blackstone Chambers

Posted November 21st, 2014 in competition, damages, delay, news by tracey

‘In this blog, Enno Eilts, a Senior Consultant, discusses issues connected with the calculation of interest in damages actions.’

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Competition Bulletin from Blackstone Chambers, 18th November 2014

Source: www.competitionbulletin.com

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Rochdale Metropolitan Borough Council v KW and others – WLR Daily

Rochdale Metropolitan Borough Council v KW and others: [2014] EWCOP 45; [2014] WLR (D) 493

‘Article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged where a person, often elderly, who was both physically and mentally disabled to a severe extent, was being looked after in her own home and where the arrangements had been made and paid for by a local authority rather than by the person’s own, or family, funds.’

WLR Daily, 18th November 2014

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted November 21st, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Rasheed v Secretary of State for the Home Department [2014] EWCA Civ 1493 (20 November 2014)

GE (Eritrea), R (On the Application Of) v Secretary of State for the Home Department Bedford Borough Council [2014] EWCA Civ 1490 (20 November 2014)

Colborne v Colborne [2014] EWCA Civ 1488 (20 November 2014)

Assaubayev & Ors v Michael Wilson & Partners Ltd [2014] EWCA Civ 1491 (20 November 2014)

W (Children) [2014] EWCA Civ 1492 (20 November 2014)

Court of Appeal (Criminal Division)

Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

High Court (Technology and Construction Court)

Group M UK Ltd v Cabinet Office [2014] EWHC 3863 (TCC) (20 November 2014)

Source: www.bailii.org

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Birmingham ‘exploitation’ order: Two more men banned – BBC News

Posted November 21st, 2014 in burden of proof, child abuse, injunctions, local government, news, sexual grooming by tracey

‘Two more men have been banned from contact with young girls in an “innovative” High Court case to prevent child sexual exploitation.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Mental health NHS trusts ranked for risk of poor care – BBC News

Posted November 21st, 2014 in hospitals, mental health, news, quality assurance by tracey

‘Health watchdog the Care Quality Commission (CQC) has ranked almost every mental health NHS trust in England in terms of risk of providing poor care.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Police face legal action for snooping on journalists – The Guardian

Posted November 21st, 2014 in data protection, investigatory powers, media, news, police, stop and search by tracey

‘A group of journalists has launched a legal action against Scotland Yard after discovering that the Metropolitan police has been recording their professional activities on a secret database designed to monitor so-called domestic extremists.’

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The Guardian, 20th November 2014

Source: www.guardian.co.uk

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JJB Sports boss Christopher Ronnie guilty of £1m fraud – BBC News

Posted November 21st, 2014 in communicating false information, fraud, news by tracey

‘The former chief executive of JJB Sports has been convicted of accepting more than £1m in backhanders.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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Counter-terrorism bill will enable ‘internal exile’ of UK suspects – The Guardian

Posted November 21st, 2014 in bills, news, terrorism, terrorism prevention & investigation measures by tracey

‘Nick Clegg has conceded that the new counter-terror bill to be published next week will include a power to force terrorism suspects to relocate to another part of Britain, dropping previous opposition to the measure. But the Liberal Democrats say they have secured further changes to the existing system of terrorism prevention and investigation measures, known as Tpims, that will make it harder rather than easier for the home secretary to use them to restrict a suspect’s liberty.’

Full story

The Guardian, 21st November 2014

Source: www.guardian.co.uk

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South Lakes zoo fined for ‘threatening’ birds’ escape – BBC News

Posted November 20th, 2014 in birds, environmental protection, fines, news by tracey

‘An animal park owner in Cumbria has been fined for allowing a “threatening” bird to escape.’

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BBC News, 20th November 2014

Source: www.bbc.co.uk

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High Court judge dismisses challenge to Ealing shopping centre planning permission – OUT-LAW.com

Posted November 20th, 2014 in appeals, local government, news, planning, substitution by tracey

‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’

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OUT-LAW.com, 19th November 2014

Source: www.out-law.com

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Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

Full story

Litigation Futures, 20th November 2014

Source: www.litigationfutures.com

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The “extraordinary” tale of the lawyer who faked his client’s litigation – Legal Futures

Posted November 20th, 2014 in documents, fraud, news, setting aside, solicitors by tracey

‘The High Court has set aside an order made against a litigant after it emerged that his solicitor had duped him by conducting “fictitious” litigation that included faked judgments and telephone conferences involving the impersonation of his senior partner and of leading counsel.’

Full story

Legal Futures, 20th November 2014

Source: www.legalfutures.co.uk

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Simplification of Criminal Law: Kidnapping and Related Offences – Law Commission

Posted November 20th, 2014 in child abduction, false imprisonment, kidnapping, Law Commission, reports by tracey

‘A report recommending reforms to the law relating to kidnapping, false imprisonment and child abduction.’

Full report

Law Commission, 20th November 2014

Source: www.justice.gov.uk/lawcommission

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