Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2013 in legislation by sally

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2013

The Criminal Legal Aid (General) Regulations 2013

The King’s Lynn and West Norfolk (Electoral Changes) Order 2012

The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted January 16th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Naureen & Anor, R (on the application of) v Salford City Council [2012] EWCA Civ 1795 (15 January 2013)

Robertson v Swift [2012] EWCA Civ 1794 (15 January 2013)

Source: www.bailii.org

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Balancing Christian and gay rights isn’t easy – give Strasbourg some credit – The Guardian

“The conclusion reached by the European court of human rights in Christian discrimination cases is no surprise but the principle is difficult to apply.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

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The polluted air that we breathe: Supreme Court to hear case – UK Human Rights Blog

Posted January 16th, 2013 in EC law, environmental protection, news, pollution by sally

“Back in the late spring, it seemed as if ClientEarth’s claim against Defra in respect of air pollution had run into the buffers. It had been refused by the Court of Appeal, in reasons given extempore: see my earlier post before Bailii received the judgment. Not many such refused cases make it to the Supreme Court, but this one has.”

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UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

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Anyone for another round? The Court of Appeal’s nuanced approach to the duty of “sincere cooperation” – Competition Bulletin from Blackstone Chambers

Posted January 16th, 2013 in competition, EC law, mergers, news, treaties by sally

“The duty of ‘sincere cooperation’ set out in Article 4(3) TEU requires Member States to take appropriate measures to ‘ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union’ as well as to ‘refrain from any measure which could jeopardise the attainment of the Union’s objectives’. When and in what way are Member State authorities required to act – or desist from acting – in order to comply with this duty?”

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Competition Bulletin from Blackstone Chambers, 16th January 2013

Source: www.competitionbulletin.com

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UK signs prisoner transfer agreement with Albania – Ministry of Justice

Posted January 16th, 2013 in news, press releases, transfer of prisoners, treaties by sally

“Albanian prisoners can now be sent back to Albania to finish their prison sentences, following a new agreement signed by Prisons Minister Jeremy Wright and Albanian Justice Minister Eduard Halimi.”

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Ministry of Justice, 15th January 2013

Source: www.justice.gov.uk

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Child Maintenance Assessments: Self-employed non-resident parents beware! – Family Law Week

Posted January 16th, 2013 in child support, news, self-employment by sally

“Byron James, barrister, 14 Gray’s Inn Square, considers the issue of a child support officer’s unfettered discretion in child maintenance assessments of self-employed non-resident parents.”

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Family Law Week, 14th January 2013

Source: www.familylawweek.com

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Strasbourg judgment: Eweida and others v UK – Head of Legal

“Nadia Eweida has succeeded in her claim that the UK breached her right to manifest her religion under article 9 of the European Convention on Human Rights. Readers may remember that she worked for British Airways, and refused to abide by its uniform policy, insisting on wearing a cross visible to customers. By a majority of five to two (the dissenters including the Court’s British former President, Sir Nicolas Bratza), the judges of the European Court of Human Rights found that the English court that dismissed her religious discrimination and human rights claim at national level, the Court of Appeal, gave too much weight to BA’s corporate aims and not enough to Ms Eweida’s desire to manifest her religion by wearing her cross. In consequence, the UK breached its ‘positive obligation’ to protect her right to manifest her religion.”

Full story

Head of Legal, 15th January 2013

Source: www.headoflegal.com

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Strasbourg rules against UK on BA crucifix issue, but rejects three other religious rights challenges – UK Human Rights Blog

“The Strasbourg Court has today [15 January] come up with something of a mixed message in relation to religion at work. They have voted that there is a right to manifest individual faith by wearing religious adornments but not by objecting to practices that are protected by anti-discrimination legislation.”

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UK Human Rights Blog, 15th January 2013

Source: www.ukhumanrightsblog.com

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Manslaughter charges dropped over firework display near M5 pileup – The Guardian

Posted January 16th, 2013 in accidents, health & safety, homicide, news, prosecutions, road safety by sally

“Manslaughter charges have been dropped against a man who organised a fireworks display next to the site of a motorway pileup that killed seven people.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

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Driving licence law change ‘to halt illegal trade’ – BBC News

Posted January 16th, 2013 in driving licences, fraud, news by sally

“Laws on obtaining UK driving licences are to be changed after BBC London revealed a loophole was facilitating an illegal trade in the documents.”

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BBC News, 15th January 2013

Source: www.bbc.co.uk

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Judge rejects claim couple were ‘ruined’ by Barclays – Daily Telegraph

Posted January 16th, 2013 in banking, contracts, defamation, negligence, news by sally

“A millionaire property developer and his wife who claimed they were brought to complete ruination by a simple banking error have lost their High Court claim for more than £3 million in damages.”

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Daily Telegraph, 15th January 2013

Source: www.telegraph.co.uk

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The Low Commission: ‘no magic solution’ – LegalVoice

Posted January 16th, 2013 in budgets, consultations, legal aid, legal representation, news by sally

“The Low Commission on the Future of Advice and Legal Support will take evidence over the next year on the impact of the government’s funding cuts, writes Vicky Ling. The Commission will focus on social welfare law covering advice and legal representation on law relating to asylum, benefits, community care, debt, employment, housing, immigration and other areas of public law, such as special educational needs and judicial review.”

Full story

LegalVoice, 15th January 2013

Source: www.legalvoice.org.uk

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Father jailed for baby’s manslaughter – The Guardian

“A young father who killed his three-month-old son by shaking or throwing him has been jailed for three years and eight months.”

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The Guardian, 15th January 2013

Source: www.guardian.co.uk

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Pamphlet on Royal consent legislation published – The Independent

Posted January 16th, 2013 in Crown, freedom of information, legislation, news, royal prerogative by sally

“Official legal advice about when Royal consent is required for legislation to proceed has been published after a long-running battle by the Cabinet Office to keep it under wraps.”

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The Independent, 15th January 2013

Source: www.independent.co.uk

Related link: Queen’s or Prince’s Consent (PDF)

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Landmark victory for BA employee over right to wear a cross at work – The Guardian

“After seven years of legal appeals and accusations that Christians are being persecuted for their beliefs, the European court of human rights has ruled that a British Airways check-in operator should not have been prevented from wearing a cross at work.”

Full story

The Guardian, 15th January 2013

Source: www.guardian.co.uk

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