Legal Aid Challenge Success, Assisted Suicide and the Future of UK Human Rights – the Human Rights Roundup – UK Human Rights Blog

‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’

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UK Human Rights Blog, 28th September 2014

Source: www.ukhumanrightsblog.com

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They don’t shoot horse riders, do they? – Sports Law Bulletin from Blackstone Chambers

Posted September 29th, 2014 in appeals, disciplinary procedures, drug offences, horse racing, news, sport by tracey

‘Afficionados of Sherlock Holmes will recall “The Adventure of Silver Blaze”, a tale of horse nobbling and dark deeds amidst the turf fanciers of late Victorian England. “Silver Blaze” (incidentally the only Holmes story to feature a deerstalker cap, and that only in an accompanying illustration) is a story in which the question of custody of the horse is all important, and is best known for the curious incident of the dog in the night-time. The curious incident is that the dog did nothing (it had been doped, using curried mutton – not a frequently encountered doping agent in modern sporting life) , and nothing is also what the rider of the horse did in Turner v British Equestrian Federation (SR/0000120209, 1 August 2014). Nothing wrong, that is.’

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Sports Law Bulletin from Blackstone Chambers, 25th September 2014

Source: www.sportslawbulletin.org

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Bogdanic v Secretary of State for Home Department – WLR Daily

Posted September 29th, 2014 in appeals, immigration, interpretation, law reports by tracey

Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401

‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk

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Court rejects call for woman’s jail term over false rape claims to be increased – The Guardian

Posted September 26th, 2014 in appeals, news, perverting the course of justice, rape, sentencing by tracey

‘The solicitor general has been criticised for asking a court to increase a three-and-a-half-year jail term imposed on a trainee barrister and new mother convicted of falsely accusing her former boyfriend of a series of rapes and assaults. Robert Buckland QC asked the court of appeal to increase the sentence handed to Rhiannon Brooker, 30, after she was found guilty of fabricating allegations that led to her ex-partner Paul Fensome being jailed for 36 days. But three appeal court judges ruled that the term should not be increased.’

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The Guardian, 25th September 2014

Source: www.guardian.co.uk

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Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

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Court of Appeal: test for employment tribunal’s jurisdiction does not include comparison of different legal systems – OUT-LAW.com

Posted September 25th, 2014 in appeals, employment tribunals, jurisdiction, news by sally

‘The test for whether the UK employment tribunal has jurisdiction to hear an unfair dismissal claim from somebody who lives and works abroad should not include a comparison of the relative merits of the different employment laws that could apply, the Court of Appeal has found.’

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OUT-LAW.com, 24th September 2014

Source: www.out-law.com

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Constructive Dismissal of an Employee Himself in Fundamental Breach of Contract – No. 5 Chambers

‘Charles Price reports on the case of Atkinson v Community Gateway Association (UKEAT/0457/12/BA) which concerns the approach in a constructive dismissal claim when the employee himself is in fundamental breach.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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When Is Whistleblowing in the Public Interest? – No. 5 Chambers

Posted September 25th, 2014 in appeals, employment tribunals, news, public interest, whistleblowers by sally

‘Jack Feeny explores the new law in relation to protected disclosures following the Enterprise and Regulatory Reform Act 2013.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

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Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

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Part 36: All change please – Hardwicke Chambers

Posted September 24th, 2014 in appeals, civil procedure rules, costs, indemnities, news by sally

‘Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering reforms to Part 36.’

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Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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The Right to Die: A Moral or Legal question? Or Both? – No. 5 Chambers

Posted September 24th, 2014 in appeals, assisted suicide, bills, euthanasia, medical ethics, news, Supreme Court by sally

‘Late last month the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.’

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No. 5 Chambers, 18th September 2014

Source: www.no5.com

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Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

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Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

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Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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Criminals could appeal after Home Office admits potentially misleading DNA evidence presented to juries – Daily Telegraph

Posted September 24th, 2014 in appeals, crime, crime prevention, DNA, juries, news by sally

‘Forensic expert Peter Gill, who raised the issue with the Home Office in April said the recognition that subjective interpretations of DNA evidence were potentially biased and unscientific and could lead to a number of appeals.’

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Daily Telegraph, 23rd September 2014

Source: www.telegraph.co.uk

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Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

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Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

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Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

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Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

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Drivers may be able to reclaim millions in unfair parking fines – The Independent

‘Motorists could demand the refund of more than £100m in parking fines, after what experts described as an “explosive” tribunal ruling left local government traffic officials in “absolute panic”.’

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The Independent, 21st September 2014

Source: www.independent.co.uk

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Supreme Court clarifies continuing police disclosure obligations – RPC Privacy Law

‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’

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RPC Privacy Law, 19th September 2014

Source: www.rpc.co.uk

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Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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