Supreme Court on EU and ECHR proportionality – back to basics – UK Human Rights Blog

‘The Supreme Court has reminded us, in a tour de force by Lord Reed, that there is no such thing as one-stop proportionality. It varies between ECHR and EU law, and the tests of EU proportionality then vary according to the nature of the EU issue in play.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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Right to rent: all landlords must check immigration status or face £3,000 fine – Daily Telegraph

‘Landlords in England will be responsible for spotting illegal tenants ‘from September’ after a trial in the West Midlands results in fines.’

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Daily Telegraph, 27th June 2015

Source: www.telegraph.co.uk

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UK’s ‘structurally unfair’ asylum appeals process suspended by court after legal challenge – The Independent

Posted June 29th, 2015 in appeals, asylum, charities, detention, news, refugees by sally

‘A court has suspended the UK’s fast-track asylum appeals system after a legal challenge by a charity that says it is “structurally unfair”.’

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The Independent, 26th June 2015

Source: www.independent.co.uk

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Court of Appeal confirms neighbourhood development plans can make site allocations – OUT-LAW.com

Posted June 26th, 2015 in appeals, consultations, judicial review, local government, news, planning by sally

‘UK legislation relating to neighbourhood planning allows for policies allocating sites for development to be included in neighbourhood development plans (NDPs), the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd June 2015

Source: www.out-law.com

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Go away! – Nearly Legal

‘A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority.’

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Nearly Legal, 21st June 2015

Source: www.nearlylegal.co.uk

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‘Broader interest of justice’ can trump parties’ duty of candour in judicial review cases, says Privy Council – OUT-LAW.com

Posted June 22nd, 2015 in appeals, costs, disclosure, gambling, judicial review, licensing, news, Privy Council by tracey

‘Courts should not dismiss an application for judicial review solely on the grounds that one party has not complied with its duty to disclose all necessary facts and issues if doing so would not be in the interests of justice, one of the UK’s highest courts has ruled.’

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OUT-LAW.com, 19th June 2015

Source: www.out-law.com

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Developer loses Court of Appeal challenge over neighbourhood plan – Local Government Lawyer

Posted June 22nd, 2015 in appeals, documents, environmental protection, local government, news, planning by tracey

‘The Court of Appeal has rejected a developer’s challenge over the inclusion of site allocation policies in a neighbourhood development plan. The appellant in Larkfleet Homes Ltd, R (on the application of) v Rutland County Council & Ors [2015] EWCA Civ 597 was a house-building company with a commercial interest in land to the west of Ayston Road in the town of Uppingham in the county of Rutland.’

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Local Government Lawyer, 18th June 2015

Source: www.localgovernmentlawyer.co.uk

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Aspect Contracts (Asbestos) Ltd v Higgins Construction plc – WLR Daily

Aspect Contracts (Asbestos) Ltd v Higgins Construction plc: [2015] UKSC 38; [2015] WLR (D) 261

‘An unsuccessful party in a construction contract adjudication was entitled to be repaid any money paid pursuant to the adjudication if the underlying dispute was finally determined in his favour, and the cause of action for the recovery of such money accrued on the date on which the money was paid. However, the cause of action of a party who wished to bring proceedings for more than the amount which he had been awarded under an adjudication accrued on the date of the relevant breach of contract or duty.’

WLR Daily, 17th June 2015

Source: www.iclr.co.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

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Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

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Chagos islanders go to supreme court in battle to be allowed home – The Guardian

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

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The Guardian, 22nd June 2015

Source: www.guardian.co.uk

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Court of Appeal dismissed local resident’s objections to the Shell redevelopment – OUT-LAW.com

Posted June 19th, 2015 in appeals, bias, news, planning by tracey

‘The UK Court of Appeal has dismissed a legal challenge against the redevelopment of the 1950s 27-storey Shell Tower in London made by a local resident, George Turner.’

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OUT-LAW.com, 18th June 2015

Source: www.out-law.com

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Defendants should be allowed to waive their right to trial by jury – The Guardian

Posted June 19th, 2015 in appeals, criminal justice, juries, news, trials by tracey

‘The UK criminal justice system needs to do more with less. Sir Brian Leveson’s recommendations would introduce some sensible flexibility to it.’

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The Guardian, 18th June 2015

Source: www.guardian.co.uk

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Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

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Free Movement, 18th June 2015

Source: www.freemovement.org.uk

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Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

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Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

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King v The Chiltern Dog Rescue and another – WLR Daily

Posted June 16th, 2015 in appeals, law reports, wills by sally

King v The Chiltern Dog Rescue and another [2015] EWCA Civ 581; [2015] WLR (D) 245

‘The words and acts of a deceased concerning the transfer of her property at a time when she was not contemplating her impending death did not give rise to a donatio mortis causa.’

WLR Daily, 9th June 2015

Source: www.iclr.co.uk

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English judge: persistent environmental offenders should expect ‘substantial’ fines – OUT-LAW.com

‘Companies that persistently breach environmental regulations should expect a “substantial increase” in fines levied for their second and subsequent offences, judges in the Court of Appeal have warned.’

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OUT-LAW.com, 12th June 2015

Source: www.out-law.com

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The Supreme Court interprets fixed service charges – 36 Bedford Row Property Blog

Posted June 16th, 2015 in appeals, covenants, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has handed down judgment in Arnold v. Britton & Ors. [2015] U. K. S. C. 36, concerning the construction of service charge clauses for holiday chalets in Oxwich Bay, South Wales (pictured). In so doing, it has taken the opportunity to reiterate and re-emphasise some fundamental principles of contractual interpretation.’

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36 Bedford Row Property Blog, 11th June 2015

Source: www.36property.co.uk

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Appeal court surprised by solicitors’ partnership agreed “in the pub” – Legal Futures

Posted June 16th, 2015 in appeals, contracts, law firms, news, partnerships, solicitors by sally

‘The Court of Appeal has upheld a High Court decision against one solicitor in favour of her former partner, after expressing surprise that the pair had no more than a verbal agreement made in the pub over a drink.’

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Legal Futures, 12th June 2015

Source: www.legalfutures.co.uk

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