McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by tracey

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

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Minimum income rules for immigrants do not breach human rights – Appeal Court – UK Human Rights Blog

‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘

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UK Human Rights Blog, 21st July 2014

Source: www.ukhumanrightsblog.com

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In re D (Children) (CAFCASS: Safeguarding Checks) – WLR Daily

In re D (Children) (CAFCASS: Safeguarding Checks); [2014] EWHC 2376 (Fam); [2014] WLR (D) 312

‘Whether, in private family law proceedings, safeguarding inquiries should be conducted about third parties, such as partners, would depend on the precise circumstances of the various relationships. In practice, it would be expected that co-operation for such inquiries would generally be sought in respect of partners of the parties and if such a partner did not give his or her consent, an application to the court would usually be made by CAFCASS in its discretion.’

WLR Daily, 20th June 2014

Source: www.iclr.co.uk

 

 

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Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by tracey

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

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Mitchell: conjoined appeals – Law Society’s Gazette

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

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Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

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Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com

Posted July 8th, 2014 in appeals, civil procedure rules, courts, news, proportionality, sanctions by tracey

‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

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Court of Appeal takes some of the blame for “misunderstood and misapplied” Mitchell ruling – Litigation Futures

‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’

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Litigation Futures, 4th July 2014

Source: www.litigationfutures.com

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Court of Appeal sets out 3-stage test for applications for relief from sanctions – Local Government Lawyer

‘The Court of Appeal’s ruling today [4 July] in three linked appeals relating to its its earlier judgment in Mitchell will make civil litigation less adversarial and more co-operative, the Law Society has predicted.’

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Local Government Lawyer, 4th July 2014

Source: www.localgovernmentlawyer.co.uk

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Mitchell-Game, Set and Match? – NearlyLegal

‘The eagerly awaited Court of Appeal judgement in Denton & others v TH White Ltd & others was handed down on Friday. Dyson LJ provides a careful methodology on the approach to applications for relief from sanctions under CPR 3.9, with the aim to set to rights the fall-out from the landmark decision of Mitchell v News Group Newspapers Ltd’

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NearlyLegal, 6th July 2014

Source: www.nearlylegal.co.uk

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In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

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UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

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They think it’s all over … – NearlyLegal

‘We covered the case of Beech v Birmingham CC in the High Court here. The appeal to the Court of Appeal was heard on 11/6/2014 and judgement was given on 17/6/2014.

I will not repeat the facts here except to say that the appeal was narrowed down to only two grounds of challenge: namely that the notice to quit was procured from the late Mrs Warren under undue influence from the housing officer, Mr Pumphrey, and that it had been given when no formal mental capacity assessment had been carried out, in breach of the Code of Practice issued under s.42(1)(a) of the Mental Capacity Act 2005 (the ‘public law defence’).’

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NearlyLegal, 22nd June 2014

Source: www.nearlylegal.co.uk

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Simon Tandy police shooting: Officers actions ‘proportionate’ – BBC News

‘The shooting of a disabled man in his wheelchair by police was “proportionate, reasonable and necessary,” a watchdog said.’

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BBC News, 18th June 2014

Source: www.bbc.co.uk

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Precedent H “irregularity” does not render it a nullity, High Court rules – Litigation Futures

‘It would be disproportionate and unjust to strike down a Precedent H budget that was signed by a firm’s in-house costs draftsman, rather than by a “senior legal representative”, the High Court has ruled.’

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Litigation Futures, 16th June 2014

Source: www.litigationfutures.com

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Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

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The Jackson Reforms: One year on – Falcon Chambers

‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’

Full story (PDF)

Falcon Chambers, 25th March 2014

Source: www.falcon-chambers.com

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Re B-S and the Perils of the ‘Balance Sheet’ Approach – Family Law Week

‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’

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Family Law Week, 23rd May 2014

Source: www.familylawweek.co.uk

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Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

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High Court issues proportionality ruling – Litigation Futures

Posted May 16th, 2014 in civil procedure rules, costs, news, personal injuries, proportionality by sally

‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’

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Litigation Futures, 16th May 2014

Source: www.litigationfutures.com

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Judge’s despair as costs hit £16,000 in dispute over £15 – Litigation Futures

Posted May 2nd, 2014 in costs, news, personal injuries, proportionality, road traffic, solicitors by tracey

‘A district judge has been driven to despair as solicitors cranked up over £16,000 in costs in a dispute over an outstanding amount of only £15.’

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Litigation Futures, 1st May 2014

Source:  www.litigationfutures.com

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