Brexit: A new relationship – Counsel

Posted July 27th, 2016 in EC law, international law, news, notification, referendums, time limits by sally

‘Evanna Fruithof, Alexandria Carr and Gordon Nardell QC set out possible models for the UK’s relationship with the EU post-Brexit.’

Full story

Counsel, August 2016

Source: www.counselmagazine.co.uk

Comments Off on Brexit: A new relationship – Counsel

Costs management – New Law Journal

‘One of the most important aspects of the Jackson Reforms relates to costs budgeting and the use of Precedent H.’

Full story

New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

Comments Off on Costs management – New Law Journal

Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

‘A barrister who claimed she was the victim of racial discrimination by the Bar Standards Board (BSB) has lost her appeal against a ruling that her case was brought out of time.’

Full story

Legal Futures, 26th July 2016

Source: www.legalfutures.co.uk

Comments Off on Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph

Posted July 21st, 2016 in appeals, divorce, employment, financial provision, news, time limits, women by tracey

‘Rich wives are increasing being told to go out and get a job rather than rely on maintenance from their ex-husband as judges lead what amounts to a clampdown on “meal ticket” divorces, according to lawyers.’

Full story

Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

Comments Off on Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph

Supreme Court rejects Wiltshire resident’s appeal against solar farm – OUT-LAW.com

Posted July 15th, 2016 in appeals, energy, news, planning, Supreme Court, time limits by tracey

‘An appeal against the grant of planning permission to a solar farm in Wiltshire “does not raise an arguable point of law of general public importance”, and may not be appealed to the Supreme Court.’

Full story

OUT-LAW.com, 13th July 2016

Source: www.out-law.com

Comments Off on Supreme Court rejects Wiltshire resident’s appeal against solar farm – OUT-LAW.com

Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

Posted July 12th, 2016 in costs, law firms, news, solicitors, time limits, tribunals by sally

‘A costs application, delayed by over five months as a result of “elementary errors” by solicitors, has been rejected as out of time by the First Tier Tax Tribunal (FTT).’

Full story

Litigation Futures, 12th July 2016

Source: www.litigationfutures.com

Comments Off on Tribunal rejects costs application delayed by solicitors with “inexplicable” ignorance of rules – Litigation Futures

A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily

A Local Authority v D and others [2016] EWHC 1438 (Fam)

‘The applicant local authority applied, pursuant to paragraph 6(3) of Schedule 3 to the Children Act 1989, for a six-month extension of a supervision order made in its favour under section 31 of the 1989 Act in respect of three children from the travelling community. The application was dated the day that the original order expired but was not issued until the following day.’

WLR Daily, 1st July 2016

Source: www.iclr.co.uk

Comments Off on A Local Authority v D and others [2016] EWHC 1438 (Fam) – WLR Daily

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

Full story

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Comments Off on Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

Full story

The Guardian, 24th June 2016

Source: www.guardian.co.uk

Comments Off on Brexit won the vote, but for now we remain in the EU – The Guardian

Brexit: EU spells out procedure for UK to leave – BBC News

Posted June 27th, 2016 in EC law, news, parliament, referendums, time limits by sally

‘The European Union has clarified the way the UK can kickstart formal negotiations to exit the bloc following Thursday’s referendum.’

Full story

BBC News, 26th June 2016

Source: www.bbc.co.uk

Comments Off on Brexit: EU spells out procedure for UK to leave – BBC News

Accountant wins legal claim to baronetcy in ‘cuckoo in the nest’ case that could challenge the British class system – Daily Telegraph

Posted June 21st, 2016 in DNA, news, peerages & dignities, Privy Council, time limits by sally

‘A retired accountant from Buckinghamshire is to be made a baronet in a landmark ruling set to shake the foundations of the British system of hereditary titles by opening them up to challenge through DNA tests for the first time.’

Full story

Daily Telegraph, 20th June 2016

Source: www.telegraph.co.uk

Comments Off on Accountant wins legal claim to baronetcy in ‘cuckoo in the nest’ case that could challenge the British class system – Daily Telegraph

Families separated for immigration purposes – UK Human Rights Blog

‘Last year 32,446 people subject to immigration control in the UK were detained by the government. Some had entered the country irregularly and were quickly removed. Others were detained pending removal or deportation. More than half of them were released back into the community, meaning that their detention had served no purpose.’

Full story

UK Human Rights Blog, 13th June 2016

Source: www.ukhumanrightsblog.com

Comments Off on Families separated for immigration purposes – UK Human Rights Blog

Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

Full story

Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

Comments Off on Hillsborough: the key lessons for our justice system – Law Society’s Gazette

New protocol for criminal defence on prosecution ‘failures’ – Law Society’s Gazette

‘A practitioner group is challenging what it claims to be ‘repeated’ failures by prosecutors to disclose information on time by issuing a step-by-step guide for criminal defence solicitors.’

Full story

Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

Comments Off on New protocol for criminal defence on prosecution ‘failures’ – Law Society’s Gazette

EU referendum: Voter registration extension could face legal challenge – Daily Telegraph

Posted June 9th, 2016 in EC law, internet, judicial review, news, referendums, time limits by sally

‘The EU referendum could face a legal challenge after the deadline for voter registration was extended by 48 hours when a Government website crashed.’

Full story

Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

Comments Off on EU referendum: Voter registration extension could face legal challenge – Daily Telegraph

Man ordered to tell police of sex plans ‘devastated’ – BBC News

Posted June 9th, 2016 in disclosure, news, police, sexual offences, time limits by sally

‘A man who must give police 24 hours’ notice before he has sex after he was cleared of rape has said the ruling “puts an end to your life”.

Full story

BBC News, 8th June 2016

Source: www.bbc.co.uk

Comments Off on Man ordered to tell police of sex plans ‘devastated’ – BBC News

EU Court rules no jail for illegal migrants – BBC News

Posted June 8th, 2016 in deportation, detention, EC law, immigration, news, time limits by sally

‘Non-EU migrants illegally entering an EU state in the Schengen zone should not face detention on those grounds, says the European Court of Justice.’

Full story

BBC News, 7th June 2016

Source: www.bbc.co.uk

Comments Off on EU Court rules no jail for illegal migrants – BBC News

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another [2016] EWCA Civ 469

‘The claimants were British nationals who, exercising their rights of free movement, had moved to European Union member states in the 1980s and remained living respectively in Italy and Belgium. They were not entitled to vote in the European Union referendum by section 2 of the European Union Referendum Act 2015 since they had last been registered to vote in a United Kingdom election more than 15 years ago. The 2015 Act adopted the franchise for United Kingdom parliamentary elections, including the 15-year rule. The claimants sought judicial review, claiming that the 15-year rule constituted a restriction on their rights of free movement which was not objectively justified, by way of a declaration that section 2 of the 2015 Act was incompatible with their directly effective European Union law rights. Article 50(1) of the EU Treaty provided that any member state could withdraw from the European Union in accordance with its own constitutional arrangements. The Divisional Court granted permission to proceed but refused the claim, holding that (i) section 2 of the 2015 Act fell within the scope of European Union law so that their rights of free movement were in principle engaged; (ii) section 2 was not a restriction on their rights of free movement; (iii) if section 2 were such a restriction, it was objectively justified as a proportionate means of achieving a legitimate objective, namely of testing the strength of a British citizen’s links with the United Kingdom over a significant period of time; and (iv) the claimants were not disentitled to a remedy on account of delay.’

WLR Daily, 20th May 2016

Source: www.iclr.co.uk

Comments Off on Regina (Shindler and another) v Chancellor of the Duchy of Lancaster and another – WLR Daily

Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

‘The recent decision of Cox J in Foran v Secret Surgery Ltd and others is a salutary tale emphasising the strict approach of the courts to applications to extend time for service of the claim form. Here, the fact that service had to be effected out of the jurisdiction did not avail the claimant, with the result that her claim was time-barred against three of the four defendants.’

Full story

Hardwicke Chambers, 24th May 2016

Source: www.hardwicke.co.uk

Comments Off on Out of time and out of luck: extending time for service out of the jurisdiction – Hardwicke Chambers

EU referendum: Two Britons lose EU vote legal bid – BBC News

Posted May 20th, 2016 in domicile, elections, freedom of movement, news, referendums, time limits by tracey

‘Two Britons living abroad have lost their Court of Appeal battle over the right to vote in June’s EU referendum.’

Full story

BBC News, 20th May 2016

Source: www.bbc.co.uk

Comments Off on EU referendum: Two Britons lose EU vote legal bid – BBC News