16/07/2013 – Current Awareness

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Posted July 16th, 2013 in families, human rights, immigration, law reports, proportionality, regulations by sally

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale – WLR Daily

Posted July 16th, 2013 in EC law, freedom of movement, health, law reports, social services by sally

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale (Case C-57/12); [2013] WLR (D) 278

“On the proper interpretation of article 2(2)(f) of Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market, the exclusion of healthcare services from the scope of the Directive covered any activity intended to assess, maintain or restore the state of health of patients, where that activity was carried out by healthcare professionals recognised as such by the member state concerned, regardless of the ways in which the facilities in which that care was provided were organised and financed or whether they were public or private. On the proper interpretation of article 2(2)(j) the exclusion of social services from the scope of that Directive included any activity relating, inter alia, to the care and assistance of elderly persons, where that activity was carried out by a private service provider which has been mandated by the state by means of an act conferring, in a clear and transparent manner, a genuine obligation to provide such services under specific conditions.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Starr [2013] EWCA Crim 1179 (14 June 2013)

McGrath [2013] EWCA Crim 1261 (12 July 2013)

Court of Appeal (Civil Division)

Mayes v Knowles [2013] EWCA Civ 834 (12 July 2013)

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963 (11 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

AA-R (Iran) v Secretary of State for the Home Department [2013] EWCA Civ 835 (12 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

High Court (Queen’s Bench Division)

Nulty & Anor v Milton Keynes Borough Council [2012] EWHC 730 (QB) (03 February 2012)

High Court (Chancery Division)

Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

High Court (Administrative Court)

Ragul & Anor v The Government of Azerbaijan [2013] EWHC 2000 (Admin) (12 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1981 (Admin) (12 July 2013)

Zpevak v Regional Court of Brno Czech Republic [2013] EWHC 1257 (Admin) (08 May 2013)

General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)

Modzelewski, R (on the application of) v Regional Court In Warsaw, Poland [2013] EWHC 1670 (Admin) (20 May 2013)

Sultan v The General Medical Council [2013] EWHC 1518 (Admin) (14 May 2013)

UK Uncut Legal Action Ltd v HM Revenue and Customs & Anor [2013] EWHC 1283 (Admin) (16 May 2013)

Belkevich, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1389 (Admin) (03 May 2013)

Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)

Barclay & Anor, R (on the application of) v Secretary of State for Justice & Ors [2013] EWHC 1183 (Admin) (09 May 2013)

Kibe, R (on the application of) v Nursing and Midwifery Council [2013] EWHC 1402 (Admin) (03 May 2013)

Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

Vaganovs v Prosecutor General Office of the Republic of Latvia [2013] EWHC 1472 (Admin) (08 May 2013)

Zielinski v Regional Court In Poznan Poland [2013] EWHC 1511 (Admin) (15 May 2013)

Pacia v Judicial Authority of Poland [2013] EWHC 1520 (Admin) (08 May 2013)

Brazuks v General Office of the Republic of Latvia [2013] EWHC 1527 (Admin) (13 May 2013)

Juchniewicz v Regional Court In Szczecin (Polish Judicial Authority) [2013] EWHC 1529 (Admin) (13 May 2013)

Waszkiewicz v District Court of Poznan, Poland [2013] EWHC 1614 (Admin) (10 May 2013)

Ogbonna-Jacob v Nursing and Midwifery Council [2013] EWHC 1595 (Admin) (16 May 2013)

Presecan v Cluj-Napoca Court, Romania [2013] EWHC 1609 (Admin) (22 May 2013)

Source: www.bailii.org

Bar Council: Parliament must have chance to scrutinise EU justice opt out – The Bar Council

Posted July 16th, 2013 in criminal justice, EC law, news, parliament, treaties by sally

“The Bar Council, which represents barristers in England and Wales, has called on the Government to allow Parliament to scrutinise its intention to opt-out of more than 130 EU criminal justice measures properly. This comes as a Motion to Approve the opt-out has been scheduled for Monday 15 July, rather than full parliamentary scrutiny.”