Re R (Child) [2016] EWCA Civ 1016 and Relocations Within the Jurisdiction – Family Law Week

Posted November 25th, 2016 in child abduction, news, proportionality by tracey

‘Claire Molyneux, Senior Associate at Mills & Reeve LLP, considers an interesting review and reiteration by the Court of Appeal of the approach to be taken in relocations of an internal nature.’

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Family Law Week, 24th November 2016

Source: www.familylawweek.co.uk

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Failure to pay correct Court fee leads to strike-out – Park Square Barristers

Posted November 9th, 2016 in courts, fees, news, proportionality, striking out by sally

‘Mr C claimed that he was injured as a result of a fall in a pub in November 2012. Proceedings were issued by Mr C four days before limitation expired in November 2015. The Statement of Value on the Claim Form limited the claim to £10,000 and the relevant court fee of £455 was paid.’

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Park Square Barristers, 17th October 2016

Source: www.parksquarebarristers.co.uk

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Regina (Drax Power Ltd and another) v HM Treasury and another – WLR Daily

Regina (Drax Power Ltd and another) v HM Treasury and another [2016] EWCA Civ 1030

‘The claimants who were renewable source electricity generators brought proceedings for judicial review challenging the decision of the Government, announced in the Budget statement on 8 July 2015 and to take effect on 1 August 2015, to remove the exemption for renewable source electricity (“RSE”) from the Climate Change Levy (“CCL”), an environmental tax levied on electricity, gas, solid fuels and liquefied petroleum gas supplied to business and the public sector. Use by domestic consumers was excluded from the CCL. Article 15 of Council Directive 2003/96/EC permitted member states to apply exemptions or reductions in tax to electricity of renewable origin, and article 3 of the Parliament and Council Directive 2009/28/EC obliged them to ensure by 2020 at least 15% of all energy came from renewable sources. The removal of the exemption was provided in section 49 of the Finance (No 2) Act 2015, amending paragraph 19 of Schedule 6 to the Finance Act 2000. The judge dismissed the claimants’ claim for judicial review, holding that (1) the exemption fell within the scope of European Union law; (2) the claimants had failed to establish an express or inferred assurance that the Government had promoted a legitimate expectation not to withdraw the RSE exemption, that there was no basis for the contention that there had to be a two-year time limit for any withdrawal and that a prudent and circumspect operator should not have inferred that the exemption would not be removed without such a time limit; and (3) on the evidence the exemption’s removal had been justified in the public interest and, notwithstanding its evident harm to the claimants’ private interests and right to property in the form of concluded contracts to supply companies, came within the appropriate margin of discretion.’

WLR Daily, 21st October 2016

Source: www.iclr.co.uk

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Appeal judge dismisses challenge to removal of climate change levy exemption – OUT-LAW.com

‘A legal challenge to the government’s decision to end the climate change levy (CCL) exemption for renewable source electricity with only 24 days’ notice has been dismissed by the Court of Appeal.’

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OUT-LAW.com, 26th October 2016

Source: www.out-law.com

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Subsidy withdrawal from renewable energy entirely lawful – Court of Appeal – UK Human Rights Blog

‘In July 2015 the government announced that it was removing a subsidy for renewable energy. Its decision in fact was to take away the exemption that renewable source electricity enjoyed from a tax known as the climate change levy. We have covered previous episodes in the renewables saga on the UKHRB in various posts.’

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UK Human Rights Blog, 26th October 2016

Source: www.ukhumanrightsblog.com

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Speech by Lord Justice McFarlane – ‘Nothing Else Will Do’ – Courts and Tribunals Judiciary

Posted October 25th, 2016 in appeals, children, judges, proportionality, speeches, Supreme Court by michael

‘Over the past 3 years family lawyers, social workers, judges and magistrates have got themselves into a fair old spin over four short words. The words are “Nothing else will do” and they appeared, for the first time, in three of the judgments of the five Supreme Court Justices who presided over the case of Re B in 2013…’

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FLBA National Conference, Keynote Address, 22nd October 2016

Source: www.judiciary.gov.uk

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Does a judge have to consider Article 8 in possession proceedings brought by a private landlord? – UK Human Rights Blog

‘Fiona McDonald was a private sector tenant. The landlords were her parents who had purchased the property by obtaining a secured loan from a private company. They fell into arrears of the monthly payments, and the company sought possession pursuant to a s.21(4) Housing Act 1988 (‘HA 1988’) notice. The arrears were not substantial, but they had persisted for some time.’

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UK Human Rights Blog, 25th August 2016

Source: www.ukhumanrightsblog.com

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Why a Tribunal has mis-applied human rights law in closing an independent religious school – Education Blog

Posted August 26th, 2016 in education, human rights, Islam, news, proportionality by sally

‘In a very recent appeal against a decision to deregister a school whose curriculum centred around the Muslim faith, the First Tier Tribunal has attempted to apply Article 9. It appears, however, to have got it wrong.’

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Education Blog, 25th August 2016

Source: www.education11kbw.com

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Sex ban man John O’Neill loses appeal against order – BBC News

Posted August 22nd, 2016 in appeals, news, notification, police, proportionality, sexual offences by sally

‘A man who must notify police 24 hours before he has sex has lost his legal battle to have the restriction lifted.’

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BBC News, 19th August 2016

Source: www.bbc.co.uk

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Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’

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UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

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OUT-LAW.com, 29th July 2016

Source: www.out-law.com

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There is widespread inequality for the LGBT community – so why isn’t the Government doing anything about it? – The Independent

‘LGBT people are at an increased risk of falling victim to hate crime, the incidences of which continue to rise. That being the case, it is wholly reasonable to question the 18 per cent cut in real terms to police budgets – safety is not at the heart of policymaking.’

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The Independent, 23rd July 2016

Source: www.independent.co.uk

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Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

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Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

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Re-launched Adjudication Scheme for Professional Negligence Claims: a good idea whose time has come? – Hardwicke Chambers

‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’

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Hardwicke Chambers, 29th June 2016

Source: www.hardwicke.co.uk

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McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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Now proportionality test bites in the Competition Appeal Tribunal – Litigation Futures

‘Proportionality has hit the Competition Appeal Tribunal as it capped a defendant’s recoverable costs at £350,000, compared to its budgeted costs of £637,000.’

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Litigation Futures, 24th June 2016

Source: www.litigationfutures.com

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Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

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Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

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Judge caps Law Society’s “disproportionate” £640k costs in defending competition claim – Legal Futures

Posted June 24th, 2016 in budgets, conveyancing, costs, Law Society, news, proportionality, quality assurance by tracey

‘The Law Society’s budgeted costs of £637,000 to defend the competition law action brought over its Conveyancing Quality Scheme (CQS) are disproportionate and should be capped at nearly half of that, the president of the Competition Appeal Tribunal has ruled.’

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Legal Futures, 24th June 2016

source: www.legalfutures.co.uk

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Yes but No – Article 8 and the private sector – Nearly Legal

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

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Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

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