Zenati v Commissioner of Police of the Metropolis and another – WLR Daily

Posted February 19th, 2015 in appeals, false imprisonment, freedom of movement, human rights, law reports, police by sally

Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74

‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’

WLR Daily, 11th February 2015

Source: www.iclr.co.uk

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Legal aid reforms: Solicitors lose duty contracts challenge – BBC News

Posted February 19th, 2015 in appeals, criminal justice, Law Society, legal aid, news, solicitors by sally

‘Solicitors have lost a legal challenge against government plans to cut by more than half the number of duty lawyers attending magistrates’ courts and police stations in England and Wales.’

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BBC News, 18th February 2015

Source: www.bbc.co.uk

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Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

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TUPE: property manager was ‘organised grouping of employees’, Court of Appeal rules – OUT-LAW.com

Posted February 18th, 2015 in appeals, news, transfer of undertakings, unfair dismissal by sally

‘A single employee responsible for the management of a company’s property portfolio in the Netherlands was an “organised grouping of employees”, covered by UK employment law protections when the service she provided was outsourced to another company.’

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OUT-LAW.com, 17th February 2015

Source: www.out-law.com

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Home Office wins £224m e-Borders appeal – BBC News

Posted February 18th, 2015 in appeals, arbitration, contracting out, contracts, damages, immigration, news by sally

‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer

Posted February 17th, 2015 in appeals, EC law, judicial review, local government, news, planning, public procurement by sally

‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’

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Local Government Lawyer, 13th February 2015

Source: www.localgovernmentlawyer.co.uk

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Oxford Union president Ben Sullivan’s rape case decision to be reviewed – Daily Telegraph

Posted February 17th, 2015 in appeals, Crown Prosecution Service, news, rape, victims by sally

‘Crown Prosecution Service confirms request to look again at rape allegation against Ben Sullivan is made through Victims’ Right to Review scheme.’

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Daily Telegraph, 16th February 2015

Source: www.telegraph.co.uk

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Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

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Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

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Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

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Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’

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Free Movement, 16th February 2015

Source: www.freemovement.org.uk

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Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog

‘Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers.’

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Garden Court Chambers, 12th February 2015

Source: www.gclaw.wordpress.com

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Supreme Court to hear QASA appeal – but rejects claim of threat to advocate independence – Legal Futures

Posted February 13th, 2015 in advocacy, appeals, barristers, news, proportionality, public interest, quality assurance by tracey

‘The barristers challenging the Quality Assurance Scheme for Advocates have today been granted permission to appeal to the Supreme Court. However, the Supreme Court declined permission to appeal against the Court of Appeal’s finding that the principle of independence of the advocate was not infringed by QASA, saying it did not have a real prospect of success.’

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Legal Futures, 12th February 2015

Source: www.legalfutures.co.uk

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Rapists guilty after Lincoln Crown Court judge overruled – BBC News

Posted February 13th, 2015 in appeals, consent, evidence, news, rape by tracey

‘Three men have been convicted of rape, despite a judge trying to stop their trial because of a lack of evidence. Judge John Pini QC halted the trial of Michael Armitage, Pawel Chudzicki and Rafal Segiet saying it could not be proved the woman did not have the capacity to consent. In an unusual move, the prosecution challenged the decision and the Court of Appeal overruled the judge.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

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Hanley Broadheath ‘harassed’ vicar at Court of Appeal – BBC News

Posted February 12th, 2015 in appeals, Church of England, clergy, employment, harassment, news, unfair dismissal by sally

‘A vicar who claimed he was the victim of four years of harassment has appeared at the Court of Appeal over whether he has the right to bring an action for unfair dismissal.’

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BBC News, 11th February 2015

Source: www.bbc.co.uk

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DNA sample taken for criminal purposes may not be used for paternity test – UK Human Rights Blog

Posted February 12th, 2015 in appeals, DNA, human rights, news, paternity by sally

‘The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test.’

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UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

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Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

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UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

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Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

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