Upper Tribunal confirms the legitimacy of the new immigration rules – but questions their completeness – UK Human Rights Blog

Posted November 8th, 2012 in deportation, human rights, immigration, news, tribunals by sally

“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”

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UK Human Rights Blog, 8th November 2012

Source: www.ukhumanrightsblog.com

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Firms that discriminate against Territorial Army reserves may be sued – The Guardian

Posted November 8th, 2012 in armed forces, employment, news by sally

“Companies that discriminate against members of the Territorial Army could be sued under the same kind of laws that protect women and ethnic minorities, ministers have revealed.”

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The Guardian, 8th November 2012

Source: www.guardian.co.uk

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Defra Public Consultation: Food Information Regulations 2013 – Department for Environment, Food and Rural Affairs

Posted November 8th, 2012 in consultations, food, news, regulations by sally

“Defra has launched a public consultation on the Government’s plans to make underpinning domestic legislation (Food Information Regulations 2013) to enable the FIC to be enforced in the UK.”

Defra Public Consultation: Food Information Regulations 2013 (PDF)

Department for Environment, Food and Rural Affairs, November 2013

Source: www.defra.gov.uk

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Civil courts could get powers to enforce compensation for wronged consumers – OUT-LAW.com

Posted November 8th, 2012 in civil justice, compensation, consumer protection, courts, enforcement, news by sally

“New powers that could make it easier for consumers to demand reimbursement from companies who have overcharged or mis-sold them products have been proposed by the Government.”

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OUT-LAW.com, 7th November 2012

Source: www.out-law.com

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Recent Statutory Instruments – legislation.gov.uk

Posted November 8th, 2012 in legislation by sally

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 3 and Saving Provision) Order 2012

The Criminal Justice Act 2003 (Commencement No. 29 and Saving Provisions) (Amendment) Order 2012

Source: www.legislation.gov.uk

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Changes to squatting laws should be extended to commercial property, expert says – OUT-LAW.com

Posted November 8th, 2012 in crime, news, squatting by sally

“An increase in the number of cases of squatting in commercial premises was the ‘inevitable consequence’ of a change in the law to criminalise the practice in residential property, an expert has said.”

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OUT-LAW.com, 7th November 2012

Source: www.out-law.com

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UK’s relationship with the Council of Europe soon to reach a turning point – UK Human Rights Blog

Posted November 8th, 2012 in human rights, news, prisons by sally

“In a couple of weeks’ time, the government’s relationship with the Council of Europe will reach something of a turning point.”

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UK Human Rights Blog, 7th November 2012

Source: www.ukhumanrightsblog.com

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Metal theft: Tougher powers unveiled – BBC News

Posted November 8th, 2012 in bills, crime, news, theft by sally

“Measures intended to ‘stamp out’ metal theft with bigger fines for rogue traders and stronger police rights of entry to scrapyards are to be unveiled.”

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BBC News, 8th November 2012

Source: www.bbc.co.uk

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Command Papers – official-documents.gov.uk

Posted November 8th, 2012 in parliamentary papers by sally

Draft legislation on Adoption: Early Permanence through ‘Fostering for Adoption’ and Matching for Adoption, Cm 8473 (PDF)

Source: www.official-documents.gov.uk

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Facebook user avoids jail over April Jones comments – The Guardian

Posted November 8th, 2012 in internet, malicious communications, news, sentencing, suspended sentences, victims by sally

“A sales adviser who made a series of depraved sexual comments about five-year-old April Jones on Facebook has been given a suspended prison sentence.”

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The Guardian, 7th November 2012

Source: www.guardian.co.uk

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Home Secretary’s statement on historic allegations of child abuse in north Wales – Home Office

Posted November 8th, 2012 in care homes, child abuse, news, Wales by sally

“In 1991, North Wales Police conducted an investigation into allegations that, throughout the 1970s and 1980s, children in homes that were managed and supervised by Clwyd County Council were sexually and physically abused. The result of the police investigation was eight prosecutions and seven convictions of former care workers.”

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Home Office, 6th November 2012

Source: www.homeoffice.gov.uk

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Breast cancer patients claim compensation from hospitals – BBC News

Posted November 8th, 2012 in cancer, class actions, compensation, doctors, hospitals, medical treatment, news by sally

“Women who claim they had botched and unnecessary breast cancer operations are taking legal action against three hospitals in the West Midlands.”

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BBC News, 7th November 2012

Source: www.bbc.co.uk

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Informing Deposits – NearlyLegal

Posted November 8th, 2012 in appeals, deposits, landlord & tenant, news by sally

“The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had not given the prescribed information as required by the Housing (Tenancy Deposits)(Prescribed Information) Order 2007. T allegedly fell into rent arrears and L sought possession. T counter-claimned on the basis of lack of compliance with the Prescribed Information Order. L admitted non-compliance with the Order but argued that the requirement was largely procedural, thjat the purpose of the legislation was to protect depisits (which had been done) and that T could have found out all he wanted to know from teh scheme administrator. The lower Court dismised T’s claim holding that information in the tenancy agreement coupled with the further information provided by L during the hearing was enough to comply with the requirements of the Order.”

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NearlyLegal, 7th November 2012

Source: www.nearlylegal.co.uk

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BAILII: Recent Decisions

Posted November 8th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Zinga & Anor v R [2012] EWCA Crim 2357 (07 November 2012)

Harriott v R [2012] EWCA Crim 2294 (07 November 2012)

Jones & Ors v R [2012] EWCA Crim 2356 (07 November 2012)

JM & Anor, R v [2012] EWCA Crim 2293 (07 November 2012)

T v R [2012] EWCA Crim 2358 (07 November 2012)

Court of Appeal (Civil Division)

Winfield v Secretary of State for Communities & Local Government [2012] EWCA Civ 1415 (07 November 2012)

Hudson v Department for Work and Pensions [2012] EWCA Civ 1416 (07 November 2012)

Kadri, R (on the application of) v Birmingham City Council & Anor [2012] EWCA Civ 1432 (07 November 2012)

G (Children) [2012] EWCA Civ 1434 (07 November 2012)

K (Children) [2012] EWCA Civ 1433 (07 November 2012)

High Court (Queen’s Bench Division)

Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)

Stevenson & Anor v Singh & Ors [2012] EWHC 2880 (QB) (06 November 2012)

High Court (Chancery Division)

Vigeland v Ennismore Fund Management Ltd & Anor [2012] EWHC 3099 (Ch) (07 November 2012)

High Court (Administrative Court)

OA, R (on the application of) v Secretary of State for Home Department [2012] EWHC 3128 (Admin) (07 November 2012)

High Court (Family Division)

Y v Y [2012] EWHC 2063 (Fam) (27 June 2012)

P v P [2012] EWHC 1733 (Fam) (30 May 2012)

Z v A [2012] EWHC 1434 (Fam) (09 May 2012)

High Court (Commercial Court)

Saltri III Ltd v MD Mezzanine SA Sicar & Ors [2012] EWHC 3025 (Comm) (07 November 2012)

Wuhan Ocean Economic & Technical Cooperation Company Ltd & Ors v Schiffahrts-Gesellschaft “Hansa Murcia” MBH & Co KG [2012] EWHC 3104 (Comm) (06 November 2012)

Source: www.bailii.org

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Charon UK Tour Report #6: Professor Moorhead on legal ethics – Charon QC

Posted November 8th, 2012 in legal profession, news, professional conduct by sally

“Today, I am at University College London talking with Professor Richard Moorhead, Professor of Law and Professional Ethics.”

Podcast

Charon QC, 7th November 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

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Legal aid: Chris Grayling orders probe – BBC News

Posted November 8th, 2012 in extradition, legal aid, news, terrorism by sally

“An ‘immediate examination’ of the legal aid system has been ordered by Justice Secretary Chris Grayling.”

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BBC News, 7th November 2012

Source: www.bbc.co.uk

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Hugh Barrett: ‘We’re expecting test cases.’ – LegalVoice

Posted November 8th, 2012 in legal aid, legal services, Ministry of Justice, news by sally

“Next April represents a seismic shift in the legal aid world. It’s not only the LASPO cuts but the Legal Services Commission is going to be subsumed into the Ministry of Justice. Jon Robins speaks to Hugh Barrett, director of legal aid commissioning and contract management at the LSC.”

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LegalVoice, 7th November 2012

Source: www.legalvoice.org.uk

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Watchdog Ofqual queries text book links to exam boards – BBC News

Posted November 8th, 2012 in conflict of interest, education, examinations, news, publishing by sally

“The publication or endorsement of text books by exam boards has been questioned by England’s exams watchdog Ofqual.”

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BBC News, 7th November 2012

Source: www.bbc.co.uk

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