Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

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Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

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Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

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Cloisters, 7th December 2014

Source: www.cloisters.com

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A stunning decision on litigation costs: Coventry v Lawrence – Legal Week

Posted December 11th, 2014 in appeals, costs, human rights, news, Supreme Court by sally

‘In a stunning decision, the Supreme Court has given an indication that the pre-Jackson costs regime may breach the rights of paying parties under the European Convention of Human Rights. The issue has the potential to affect all agreements signed under the pre-April 2013 costs regime.’

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Legal Week, 11th December 2014

Source: www.legalweek.com

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R (on applications of Haney, Kaiyam, Massey and Robinson) v The Secretary of State for Justice – Supreme Court

Posted December 11th, 2014 in appeals, damages, human rights, law reports, rehabilitation, sentencing, Supreme Court by sally

R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales) [2014] UKSC 66
(YouTube)

Supreme Court, 10th December 2014

Source: www.youtube.com/user/UKSupremeCourt

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The costs of intervening – Competition Bulletin from Blackstone Chambers

Posted December 11th, 2014 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’

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Competition Bulletin from Blackstone Chambers, 11th December 2014

Source: www.competitionbulletin.com

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Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

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Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

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‘Very dangerous’ paedophile released over ‘unlawful’ sentence – Daily Telegraph

Posted December 10th, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Jeffrey Charles Goodwyn, who has previous for raping a nine-year-old, is released on appeal from sentence for sexually assaulting girl, 7.’

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Daily Telegraph, 9th December 2014

Source: www.telegraph.co.uk

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Men who groom vulnerable young girls will be dealt with ‘severely’, judge says – The Guardian

‘The most senior judge in England and Wales today said men who prey on vulnerable young girls for sex will be dealt with “severely”, as he dismissed appeals from four paedophile groomers.’

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The Guardian, 9th December 2014

Source: www.guardian.co.uk

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HS2 campaigners lose Court of Appeal challenge – BBC News

Posted December 9th, 2014 in appeals, news, planning, railways by sally

‘Campaigners have lost their latest legal challenge to the first phase of the proposed HS2 high-speed rail line.’

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BBC News, 9th December 2014

Source: www.bbc.co.uk

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Daniel Pelka’s stepfather loses murder conviction appeal – Daily Telegraph

Posted December 9th, 2014 in appeals, murder, news, sentencing by sally

‘Mariusz Krezolek loses Court of Appeal bid to challenge conviction for murdering stepson Daniel Pelka, as he and boy’s mother Magdelena Luczak fail to win sentence appeal.’

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Daily Telegraph, 9th December 2014

Source: www.telegraph.co.uk

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Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child) v First Tier Tribunal (Criminal Injuries Compensation) – Zenith PI Blog

‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.

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Zenith PI Blog, 9th December 2014

Source: www.zenithpi.wordpress.com

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In re S (A Child) (Abduction: Hearing the Child) – WLR Daily

Posted December 9th, 2014 in appeals, child abduction, children, custody, EC law, law reports, treaties by sally

In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522

‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) – WLR Daily

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) [2014] EWCA Civ 1554; [2014] WLR (D) 520

‘A mother who drank alcohol to excess while she was pregnant, resulting her child being born with permanent damage from foetal alcohol spectrum disorder, was not criminally liable for administering poison to “any other person” so as to inflict grievous bodily harm contrary to section 23 of the Offences Against the Person Act 1861. Because a foetus was not “any other person” for the purposes of section 23, and the harm had been inflicted on the child while she was in the womb, the child was not entitled to criminal injuries compensation.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

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Regina v Adebolajo and another – WLR Daily

Posted December 8th, 2014 in appeals, law reports, murder, religiously aggravated offences by sally

Regina v Adebolajo and another [2014] WLR (D) 519

‘A defendant’s claim that he was a soldier of Allah who was, or believed himself to be, engaged in a war or rebellion against the United Kingdom, did not amount to a defence to a charge of the murder of an off-duty soldier.’

WLR Daily, 3rd December 2014

Source: www.iclr.co.uk

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The elephant in the bedroom – NearlyLegal

Posted December 8th, 2014 in appeals, benefits, housing, news by sally

‘Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released.’

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NearlyLegal, 7th December 2014

Source: www.nearlylegal.co.uk

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Venn v Secretary of State for Communities and Local Government and others – WLR Daily

Posted December 4th, 2014 in appeals, civil procedure rules, costs, news, treaties by sally

Venn v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1539; [2014] WLR (D) 513

‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’

WLR Daily, 27th November 2014

Source: www.iclr.co.uk

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Tenant wins Supreme Court fight with council over damages for unlawful eviction – Local Government Lawyer

‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’

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Local Government Lawyer, 3rd December 2014

Source: www.localgovernmentlawyer.co.uk

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Lee Rigby murder: Killer loses legal challenges – BBC News

Posted December 3rd, 2014 in appeals, armed forces, murder, news, sentencing, terrorism by sally

‘Michael Adebolajo, one of the two men found guilty of killing Fusilier Lee Rigby, has lost legal challenges against his conviction and sentence.’

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BBC News, 3rd December 2014

Source: www.bbc.co.uk

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Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers

Posted December 3rd, 2014 in appeals, land registration, news, rectification, restrictive covenants by sally

‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’

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New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk

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