Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer

‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’

Full story

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

When does a righteous campaign shade into harassment? – UK Human Rights Blog

Posted October 1st, 2014 in freedom of expression, harassment, human rights, injunctions, news by tracey

‘Merlin Entertainments LPC, Chessington World of Adventures Operations and others v Peter Cave [2014] EWHC 3036 (QB) 25 September 2014. This case explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals. But should the courts interfere, before the question whether the campaign is justified has been decided? And to what extent is such a campaign a criminal offence?’

Full story

UK Human Rights Blog, 30th September 2014

Source: www.ukhumanrightsblog.com

New rights for victims of crime – Halsbury’s Law Exchange

‘Victims will have the right to tell the court how they have been affected by a crime as part of a major set of reforms announced by the Justice Secretary. They will also receive better information and support with the introduction of a nationwide Victims’ Information Service, making it easier for victims by establishing a single source of information and help.’

Full story

Halsbury’s Law Exchange, 30th September 2014

Source: www.halsburyslawexchange.co.uk

Missing people law changes – Ministry of Justice

‘Families of missing people will have new rights following law changes taking effect from today, 1 October 2014.’

Full press release

Ministry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer

Posted October 1st, 2014 in care homes, elderly, equality, judicial review, local government, news by tracey

‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’

Full story

Local Government Lawyer, 30th Spetember 2014

Source:  www.localgovernmentlawyer.co.uk

Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer

‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’

Full source

Local Government Lawyer, 30th September 2014

Source: www.localgovernmentlawyer.co.uk

Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers

‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’

Full story

Competition Bulletin from Blackstone Chambers, 28th September 2014

Source: www.competitionbulletin.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 1st, 2014 in legislation by tracey

The Designation of Rural Primary Schools (England) Order 2014

The Gambling (Licensing and Advertising) Act 2014 (Commencement No.1) (Amendment and Consequential Amendments) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) (No. 4) Order 2014

The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) (Amendment) Regulations 2014

The Borders, Citizenship and Immigration Act 2009 (Commencement No. 3) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 1st, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Day v Tiuta International Ltd & Anor [2014] EWCA Civ 1246 (30 September 2014)

Court of Appeal (Criminal Division)

Childs (Aka Greenfield), R. v [2014] EWCA Crim 1884 (30 September 2014)

High Court (Administrative Court)

Midcounties Co-Operative Ltd, R (On the Application Of) v Forest of Dean District Council [2014] EWHC 3059 (Admin) (30 September 2014)

Karia, R (On the Application Of) v Leicester City Council [2014] EWHC 3105 (Admin) (30 September 2014)

High Court (Commercial Court)

Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) (30 September 2014)

High Court (Family Division)

Abuchian v Maksoud [2014] EWHC 3104 (Fam) (19 September 2014)

Source: www.bailii.org

Grayling: ‘real plan’ on human rights imminent – Law Society’s Gazette

‘Justice secretary Chris Grayling today promised a “real plan” to shake up human rights law, prompting speculation that prime minister David Cameron will fill in the details in his speech to the Conservative party conference tomorrow.’

Full story

Law Society’s Gazette, 30th September 2014

Source: www.lawgazette.co.uk

Boy should be taken off life-support, rules judge – BBC News

Posted October 1st, 2014 in children, families, hospitals, medical treatment, news by tracey

‘A boy with irreversible brain damage should be taken off a life-support machine despite the objections of his parents, a High Court judge has ruled.’

Full story

BBC News, 30th September 2014

Source: www.bbc.co.uk

Police alerted two years ago over Essex teacher who had indecent images – The Guardian

‘Police have been accused of a series of failings that left a deputy headmaster free for two years to secretly film pupils undressing using cameras hidden in an Essex school’s changing rooms. Scores of indecent images of boys aged nine to 12 were found at the home of Martin Goldberg, 46, a maths teacher at Thorpe Hall school in Southend, who took his own life this month after being visited by detectives.’

Full story

The Guardian, 30th September 2014

Source: www.guardian.co.uk

UK court annuls 180 Italian divorces registered to Maidenhead mailbox – The Guardian

Posted October 1st, 2014 in divorce, family courts, fraud, Italy, news by tracey

‘Maidenhead might, until this week, have claimed to be the divorce capital of Italy. One hundred and eighty Italian couples whose marriages were dissolved through fictitious residence in the Berkshire town have now had their divorces annulled by a British judge. The conspiracy to circumvent the slow-moving Italian judicial system was formally ended on Tuesday by the president of the family division of the high court, Sir James Munby.’

Full story

The Guardian, 30th September 2014

Source: www.guardian.co.uk

Essex police apologise for failing to investigate drug-related death – Daily Telegraph

Posted October 1st, 2014 in damages, drug abuse, human rights, negligence, news, police by tracey

‘A grieving family has used human rights law to force police chiefs to admit they failed to investigate the unexplained death of their son properly.’

Full story

Daily Telegraph, 30th September 2014

Source: www.telegraph.co.uk

How October 1 will change your life – Daily Telegraph

‘As a number of new laws come into effect this week, we take a look at how your life will be affected.’

Full story

Daily Telegraph, 1st October 2014

Source: www.telegrpah.co.uk

Strasbourg court undermines democracy, says former Lord Chief Justice – Daily Telegraph

Posted October 1st, 2014 in constitutional law, human rights, judges, news by tracey

‘Lord Judge claims that European Court of Human Rights is “a dramatic and unconstitutional extension of judicial authority.” ‘

Full story

Daily Telegraph, 1st October 2014

Source: www.telegraph.co.uk

Inheritance law changes come into force – BBC News

Posted October 1st, 2014 in children, families, intestacy, legislation, married persons, news, wills by tracey

‘Changes to the rights of people whose spouses or civil partners die without making a will have come into force.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk

Tesco to be probed by Financial Conduct Authority – BBC News

Posted October 1st, 2014 in accountants, accounts, company directors, financial regulation, markets, news by tracey

‘Tesco says it has been notified by the Financial Conduct Authority (FCA) that it is under investigation following its admission last week that it overstated its half-year profit guidance by £250m.’

Full story

BBC News, 1st October 2014

Source: www.bbc.co.uk