Junior doctors take contract fight to high court – BBC News

Posted September 19th, 2016 in contracts, doctors, industrial action, ministers' powers and duties, news, ultra vires by tracey

‘Junior doctors in England are going to the High Court to try and stop the government imposing a new contract.’

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BBC News, 19th September 2016

Source: www.bbc.co.uk

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Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

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UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

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First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

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Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

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Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)

‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘

WLR Daily, 29th June 2016

Source: www.iclr.co.uk

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Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

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Six Pump Court, 13th June 2016

Source: www.6pumpcourt.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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Appeal judges back legal aid residence test – Legal Voice

Posted December 1st, 2015 in appeals, civil justice, domicile, human rights, legal aid, news, ultra vires by tracey

‘The Court of Appeal has unanimously ruled that the government’s proposed residence test for civil legal aid is lawful, overturning a judgment by the High Court last year which found the measure to be discriminatory and unlawful. The test, if implemented, will restrict public funding for legal representation in civil cases to individuals who can prove that they are lawfully resident in the UK and have been so for a 12 month period at some time in the past.’

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Legal Voice, 1st December 2015

Source: www.legalvoice.org.uk

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Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

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Regina (Rowe and others) v Revenue and Customs Commissioners – WLR Daily

Posted August 27th, 2015 in human rights, income tax, law reports, notification, partnerships, ultra vires by sally

Regina (Rowe and others) v Revenue and Customs Commissioners [2015] EWHC 2293 (Admin); [2015] WLR (D) 369

‘Partner payment notices issued by the Revenue and Customs Commissioners under paragraph 3(3) of Schedule 32 to the Finance Act 2014 were not unlawful.’

WLR Daily, 31st July 2015

Source: www.iclr.co.uk

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Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others – WLR Daily

Regina (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) and others [2015] EWHC 1689 (Admin); [2015] WLR (D) 267

‘The fast track rule regime in the Schedule to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 was ultra vires.’

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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Fast-track asylum system ‘unlawful’, High Court rules – BBC News

Posted June 15th, 2015 in appeals, asylum, deportation, detention, immigration, news, ultra vires by sally

‘The future of a key part of the government’s system to remove failed asylum seekers is in doubt after the High Court ruled it was unlawful.’

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BBC News, 12th June 2015

Source: www.bbc.co.uk

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CS v ACS and another – WLR Daily

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk

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Judge hits out at Court of Appeal over consent order in deprivation of liberty case – Local Government Lawyer

‘A High Court judge has accused the Court of Appeal of apparently taking a “procedurally impermissible route” and making a consent order that was ultra vires, in legal proceedings over whether a woman looked after at home had been deprived of her liberty.’

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Local Government Lawyer, 18th March 2015

Source: www.localgovernmentlawyer.co.uk

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Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor – WLR Daily

Posted March 17th, 2015 in judicial review, law firms, law reports, legal aid, regulations, ultra vires by sally

Regina (Ben Hoare Bell Solicitors) and others v Lord Chancellor [2015] EWHC 523 (Admin); [2015] WLR (D) 114

‘The scope of regulation 5A of the Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 extended beyond the circumstances which could be seen as rationally connected to the stated purpose given for its introduction, making it inconsistent with the purposes of the statutory scheme contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.’

WLR Daily, 3rd March 2015

Source: www.iclr.co.uk

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Judicial Review on domestic violence evidence requirements fails: 
R (on the application of Rights of Women) v The Secretary of State for Justice [2015] EWHC 35 (Admin) – The World of Family Law (Garden Court Chambers)

Posted February 5th, 2015 in domestic violence, evidence, judicial review, legal aid, news, regulations, ultra vires by sally

‘Lord Justice Fulford and Mrs Justice Lang DBE have rejected Rights of Womens much needed challenge against the regulations (regulation 33) on domestic violence. For practitioners who work in the field of domestic violence and for people who care about gender based violence this is a disappointing and somewhat confusing blow.’

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The World of Family Law (Garden Court Chambers), 4th February 2015

Source: www.gcfamily.wordpress.com

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R (on the application of Rights of Women) v The Secretary of State for Justice [2015] EWHC 35 (Admin) – The World of Family Law (Garden Court Chambers)

Domestic violence challenge on legal aid fails – Law Society’s Gazette

‘The High Court has rejected a challenge to the legality of government changes to legal aid for victims of domestic violence.’

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Law Society’s Gazette, 22nd January 2015

Source: www.lawgazette.co.uk

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Regina (Byczek and another) v Secretary of State for the Home Department – WLR Daily

Posted January 20th, 2015 in deportation, immigration, law reports, regulations, ultra vires by sally

Regina (Byczek and another) v Secretary of State for the Home Department [2014] EWHC 4298 (Admin); [2015] WLR (D) 7

‘Regulation 24A of the Immigration (European Economic Area) Regulations 2006 was within the ambit of the rule making power in section 2(2)(b) of the European Community Act 1972.’

WLR Daily, 19th December 2015

Source: www.iclr.co.uk

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Asset finance in the education sector: the ultra vires predicament – Henderson Chambers

Posted December 18th, 2014 in contracts, education, news, ultra vires by sally

‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’

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Henderson Chambers, 18th December 2014

Source: www.hendersonchambers.co.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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