Ex-pats challenge to the EU referendum voting rules – UK Human Rights Blog

‘Schindler and MacLennan v. Chancellor of the Duchy of Lancaster and Secretary of State for Foreign and Commonwealth Affairs [2016] EWHC 957, Divisional Court 28 April 2016. An interesting, albeit unsuccessful, challenge to the rule which prohibits expatriates who were last registered to vote in the UK more than 15 years ago from voting in the forthcoming referendum on EU membership.’

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UK Human Rights Blog, 28th April 2016

Source: www.ukhumanrightsblog.com

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British expats lose legal battle for right to vote in EU referendum – The Guardian

‘The high court has rejected an attempt to force the government to grant millions of UK citizens living abroad a vote in this June’s EU referendum.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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Practical advice on forfeiture – Hardwicke Chambers

‘The tail-end of 2015 threw up one of those London bus-type quirks where in less than a fortnight I acted for a landlord, a lessee and a mortgagee in three cases concerning, at least in part, the issues of (a) service of forfeiture proceedings, and (b) the defendant’s non-attendance at the first hearing at which a possession order was made.’

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Hardwicke Chambers, 19th April 2016

Source: www.hardwicke.co.uk

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Asylum and immigration court fees set to rise by over 500% – The Guardian

‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’

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The Guardian, 21st April 2016

Source: www.guardian.co.uk

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Government relaxes domestic violence evidence requirement – Law Society’s Gazette

Posted April 22nd, 2016 in domestic violence, evidence, news, time limits by tracey

‘A month after the Court of Appeal upheld a challenge to the government’s changes to legal aid for victims of domestic violence, the Ministry of Justice has announced it is more than doubling the original time limit for evidence.’

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Law Society’s Gazette, 21st April 2016

Source: www.lawgazette.co.uk

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New time limit planned for pregnant women in detention – Home Office

Posted April 21st, 2016 in asylum, bills, detention, immigration, pregnancy, press releases, time limits, women by tracey

‘The Home Secretary has revealed plans to place a 72-hour time limit on the detention of pregnant women.’

Full press release

Home Office, 18th April 2016

Source: www.gov.uk/home-office

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Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another – WLR Daily

Posted April 20th, 2016 in EC law, law reports, licensing, time limits, trade marks by sally

Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd and another [2016] EWHC 809 (Ch)

‘The claimant was the proprietor of a Community registered trade mark for the “Marussia” name and logo, which it licensed to the defendant to use for a certain period. The claimant brought a claim for trade mark infringement, claiming that the defendant had continued to use the trade mark after the licence period had ended and that the use of the “Marussia” name contravened article 9(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. The defendants relied upon five defences, including consent of the claimant within the meaning of Council Regulation 207/2009. On the claimant’s application for summary judgment am issue arose as to whether, if it failed to prove the claimant had given consent, the defendant could none the less rely on English law principles of estoppel to achieve either the same or a similar result.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

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High Court to hear British expats’ Brexit case today – Daily Telegraph

Posted April 20th, 2016 in domicile, EC law, freedom of movement, news, referendums, time limits by sally

‘British expats living in Europe are today heading to the High Court in the hope of forcing the Government to let millions of them vote in the EU referendum.’

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Daily Telegraph,

Source: www.telegraph.co.uk

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Theresa May imposes 72-hour limit on detention of pregnant asylum seekers – The Guardian

Posted April 19th, 2016 in asylum, detention, immigration, news, pregnancy, time limits, women by sally

‘Campaigners have criticised as disappointing the home secretary’s plan to place a 72-hour limit on the detention of pregnant women held at immigration detention centres.’

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The Guardian, 18th April 2016

Source: www.guardian.co.uk

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UK legal aid residence test to be challenged in supreme court – The Guardian

Posted April 18th, 2016 in appeals, budgets, immigration, legal aid, news, Supreme Court, time limits by sally

‘The government’s residence test that deprives those who have lived in the UK for less than 12 months of legal aid faces a major challenge at the supreme court.’

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The Guardian, 17th April 2016

Source: www.guardian.co.uk

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Theresa May to put 72-hour limit on detention of pregnant asylum seekers – The Guardian

Posted April 18th, 2016 in asylum, bills, deportation, detention, immigration, news, pregnancy, time limits by sally

‘Theresa May will announce plans to place a 72-hour time limit on the detention of pregnant women at immigration centres after the House of Lords voted in favour of an all-out ban.’

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The Guardian, 17th April 2016

Source: www.guardian.co.uk

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Police given more time to question terror suspects – BBC News

Posted April 18th, 2016 in news, police, terrorism, time limits by sally

‘Police have been given more time to question four people arrested on suspicion of terrorism offences as part of an investigation launched after the recent attacks in Paris and Brussels.’

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BBC News, 16th April 2016

Source: www.bbc.co.uk

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Howe v Motor Insurers’ Bureau – WLR Daily

Howe v Motor Insurers’ Bureau [2016] EWHC 640 (QB)

‘Regulation 13(1) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 provides: “(1) This regulation applies where— (a) an accident, caused by or arising out of the use of a vehicle which is normally based in an EEA state, occurs on the territory of— (i) an EEA state other than the United Kingdom, or (ii) a subscribing state, and an injured party resides in the United Kingdom, (b) that injured party has made a request for information under regulation 9(2), and (c) it has proved impossible— (i) to identify the vehicle the use of which is alleged to have been responsible for the accident, or (ii) within a period of two months after the date of the request, to identify an insurance undertaking which insures the use of the vehicle.”’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

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Section 3C leave does not always protect during appeals – Free Movement

Posted April 12th, 2016 in appeals, bills, immigration, news, time limits by sally

‘The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided.’

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Free Movement, 11th April 2016

Source: www.freemovement.org.uk

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Regina v Nguyen – WLR Daily

Regina v Nguyen, Attorney General’s Reference No 79 of 2015

‘The defendant pleaded guilty to attempting to inflict grievous bodily harm contrary to section 18 of the Offences against the Person Act 1861 and to having an offensive weapon contrary to section 1(1) of the Prevention of Crime Act 1953. He was sentenced to three years and four months’ imprisonment and 12 months’ imprisonment respectively. The Attorney General applied to the Court of Appeal under section 36 of the Criminal Justice Act 1988 for leave to refer the sentence as unduly lenient. At the same time the prosecution applied to the Crown Court under the Powers of Criminal Courts (Sentencing) Act 2000 for the sentence to be varied on the grounds that new material showed that, contrary to the way in which the case had been presented at the sentencing hearing, the complainant had been specifically targeted by the defendant. The time limit for making a variation order was subsequently extended by a Crown Court judge, and a variation order was later made by the sentencing judge. The defendant appealed against the varied sentence. On the hearing in the Court of Appeal it was common ground that there was no power to extend the time limit for the making of a variation order, so that the variation order had been invalid.’

WLR Daily, 23rd March 2016

Source: www.iclr.co.uk

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Regina v Roberts (Mark) and others- WLR Daily

Regina v Roberts (Mark) and others [2016] EWCA Crim 71

‘In each of the 13 applications before the court, the applicants applied for an extension of time in which to apply for leave to appeal against sentences of imprisonment or detention for public protection (“IPP”)), imposed between 2005 and 2008 under the Criminal Justice Act 2003. Before the sentence of IPP was amended by the Criminal Justice and Immigration Act 2008, the court was required to make the assumption that an offender was dangerous if he had been convicted on an earlier occasion of a specified offence, unless it was unreasonable to do so. Where he was found to be dangerous, and over 18, the court was required to pass a sentence of IPP or life imprisonment; the 2003 Act removed all discretion from the court once it was found that the offender was dangerous. All the applicants had either been detained in custody long after the expiry of the minimum term or had been recalled for breach of licence. The applicants submitted (1) that whatever might have been the position at the time the sentences of IPP were passed, the Court of Appeal had power under section 11 of the Criminal Appeal Act 1968 to pass sentences that, in the light of what had happened over the intervening years, now would be the proper sentence; (2) the Court of Appeal should reconsider the assessments made by sentencing judges in the light of R v Lang [2005] EWCA Crim 2864; [2006] 1 WLR 2509, and (3) a time could and had been reached when the length of the imprisonment was so excessive and disproportionate compared to the index criminal offence that it could amount to inhuman treatment under article 3 or arbitrary detention under article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. That was because the detention no longer had any meaningful link to the index offence. A much delayed review of a sentencing decision could therefore be a mechanism the court could employ to avoid a breach of those Convention Rights. As the period now served by each of the applicants was so much longer than any conceivable determinate sentence would have required, the continued detention amounted to preventative detention and was therefore arbitrary. ‘

WLR Daily, 18th March 2016

Source: www.iclr.co.uk

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Court confirms that limitation of liability clauses in acquisition documentation will be interpreted strictly – OUT-LAW.com

Posted March 29th, 2016 in accountants, limitations, news, shareholders, time limits, warranties by sally

‘A 20-day time limit within which claims for breaches of warranty as part of a share purchase agreement (SPA) had to be raised only began running once the buyer was aware of the “proper basis for a claim”, the Court of Appeal has ruled.’

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OUT-LAW.com, 29th March 2016

Source: www.out-law.com

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Senior judge voices concern over police investigation control – Law Society’s Gazette

Posted March 9th, 2016 in criminal justice, judiciary, news, police, time limits by tracey

‘Judges must “tread carefully” if they are granted powers to control the length of police investigations, the senior presiding judge for England and Wales has said in response to human rights organisation Justice’s report on complex and lengthy criminal trials.’

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Law Society’s Gazette, 7th March 2016

Source: www.lawgazette.co.uk

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Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

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Court of Appeal throws out solar farm challenge brought 14 months after planning permission was granted – OUT-LAW.com

‘A High Court judge should not have overturned planning permission granted to a solar farm in Wiltshire in response to a legal challenge brought 11 months after the three-month limitation period then in force had expired, the Court of Appeal has ruled.’

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OUT-LAW.com, 1st March 2016

Source: www.out-law.com

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