Change of work location under TUPE transfer can give rise to automatic unfair dismissal, tribunal rules – OUT-LAW.com

Posted March 8th, 2012 in news, transfer of undertakings, tribunals, unfair dismissal by sally

“A movement of workers to another location as a result of a change in employer is a ‘substantial change’ in working conditions which can give rise to successful claims for automatic unfair dismissal, an employment tribunal has ruled.”

Full story

OUT-LAW.com, 8th March 2012

Source: www.out-law.com

Whitehall’s worries about Freedom of Information case – BBC News

“Could publishing a Whitehall document outlining the possible risks of the NHS shake-up pose a risk to good governance? That’s been the argument made in an appeal against a Freedom of Information ruling in central London this week.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Secrecy for torture evidence – analysis – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, closed material, evidence, news, torture, tribunals, witnesses by sally

“As we reported in our summary of the decision earlier, the Supreme Court has confirmed that the Special Immigration Appeals Commission (SIAC) has the power to order that certain witness evidence may be produced in conditions of absolute and irreversible secrecy.”

Full story

UK Human Rights Blog, 8th March 2012

Source: www.ukhumanrightsblog.com

Command Papers – official-documents.gov.uk

Posted March 8th, 2012 in parliamentary papers by sally

Disability employment support: fulfilling potential Government’s response to the consultation on the recommendations in Liz Sayce’s independent review Getting in, staying in and getting on, Cm 8312 (PDF)

Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of The Netherlands, Cm 8315 (PDF)

Convention between the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Armenia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital with Protocol, Cm 8316 (PDF)

Source: www.official-documents.gov.uk

Press Complaints Commission to close in wake of phone-hacking scandal – The Guardian

Posted March 8th, 2012 in complaints, media, news by sally

“The Press Complaints Commission is to be shut down after 21 years, closing the chapter on one of the most controversial periods of self regulation of the UK newspaper industry.”

Full story

The Guardian, 8th March 2012

Source: www.guardian.co.uk

The Role of Alternative Dispute Resolution In Furthering The Aims of The Civil Litigation Costs Review – Speech by Lord Justice Jackson

Posted March 8th, 2012 in arbitration, costs, dispute resolution, speeches by sally

The Role of Alternative Dispute Resolution In Furthering The Aims of The Civil Litigation Costs Review (PDF)

Speech by Lord Justice Jackson

RICS Expert Witness Conference, 8th March 2012

Source: www.judiciary.gov.uk

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport – WLR Daily

Posted March 8th, 2012 in appeals, EC law, internet, law reports by sally

Regina (British Telecommunications plc and another) v Secretary of State for Culture, Olympics, Media and Sport [2012] EWCA Civ 232; [2012] WLR (D) 63

“The online infringement copyright provisions contained in sections 124A to 124N of the Communications Act 2003, as inserted, were not incompatible with European Union law.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

Regina v Ahmad and another – WLR Daily

Posted March 8th, 2012 in appeals, confiscation, fraud, law reports, VAT by sally

Regina v Ahmad and another [2012] EWCA Crim 391; [2012] WLR (D) 62

“Sums banked as the result of the sale or purported sale of goods by a buffer company in the course of a carousel fraud generating false claims for the repayment of VAT were not property obtained ‘in connection with [the] commission’ of the offence within section 71(4) of the Criminal Justice Act 1988.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

Reeves (Listing Officer) v Northrop – WLR Daily

Posted March 8th, 2012 in council tax, domicile, law reports, rates, ships by sally

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin); [2012] WLR (D) 61

“In determining whether a property was a rateable hereditament within section 115(1) of the General Rate Act 1967, duration of occupation would always be an important factor when deciding whether or not occupation was not too transient, but it would not necessarily be the only relevant factor.”

WLR Daily, 6th March 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 8th, 2012 in law reports by sally

Supreme Court

W (Algeria) & Anor v Secretary of State for the Home Department [2012] UKSC 8 (7 March 2012)

Court of Appeal (Civil Division)

Gedeon Richter Plc v Bayer Pharma AG [2012] EWCA Civ 235 (07 March 2012)

Miah & Ors v Secretary of State for the Home Department [2012] EWCA Civ 261 (07 March 2012)

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260 (07 March 2012)

Zieleniewski v Scheyd & Anor [2012] EWCA Civ 247 (06 March 2012)

Taylor v Betterment Properties (Weymouth) Ltd & Anor [2012] EWCA Civ 250 (07 March 2012)

Brewer v Mann & Ors [2012] EWCA Civ 246 (07 March 2012)

High Court (Chancery Division)

Toth v Emirates & Anor [2012] EWHC 517 (Ch) (07 March 2012)

High Court (Administrative Court)

Barrett, R (on the application of) v London Borough of Lambeth [2012] EWHC 4557 (Admin) (29 February 2012)

Walker-Smith v General Medical Council [2012] EWHC 503 (Admin) (07 March 2012)

High Court (Technology and Construction Court)

Natas Group Ltd v Styles & Wood Ltd [2012] EWHC 526 (TCC) (07 March 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 8th, 2012 in legislation by sally

The Taxes, etc. (Fees for Payment by Telephone) Regulations 2012

The Family Procedure (Amendment) Rules 2012

The Tobacco Advertising and Promotion (Display and Specialist Tobacconists) (England) (Amendment) Regulations 2012

The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2012

The Localism Act 2011 (Commencement No. 4 and Transitional, Transitory and Saving Provisions) Order 2012

Source: www.legislation.gov.uk

Witness allowed to give secret evidence of torture in Algeria says Supreme Court – UK Human Rights Blog

Posted March 8th, 2012 in anonymity, appeals, closed material, evidence, news, tribunals, witnesses by sally

“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”

Full story

UK Human Rights Blog, 7th March 2012

Source: www.ukhumanrightsblog.com

Two found guilty of brothers’ kidnap and torture – BBC News

Posted March 8th, 2012 in assault, extradition, kidnapping, news, sentencing by sally

“Two men have been convicted of taking part in the kidnap and torture of two brothers after a business deal went wrong, Scotland Yard has said.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Sexist remarks and wolf-whistles could become criminal offences – The Guardian

Posted March 8th, 2012 in crime, harassment, news, sex discrimination, treaties, women by sally

“Salacious whistles and sexist comments may fall foul of new laws against sexual harassment to which Britain is signing up, the prime minister will announce on Thursday.”

Full story

The Guardian, 8th March 2012

Source: www.guardian.co.uk

Quality test ‘should not protect barristers’ – Law Society’s Gazette

“Controversy about the use of judicial evaluation in a new scheme to assess the quality of advocates has escalated, with solicitors’ bodies warning that the scheme could become a means to protect barristers.”

Full story

Law Society’s Gazette, 8th March 2012

Source: www.lawgazette.co.uk

Legal aid reforms: peers inflict fresh defeats on government – The Guardian

Posted March 8th, 2012 in appeals, benefits, bills, legal aid, news, parliament by sally

“Government plans for saving £350m a year in legal aid expenses suffered fresh defeats in the House of Lords after peers overturned a series of cost-saving proposals.”

Full story

The Guardian, 7th March 2012

Source: www.guardian.co.uk

Stalking to be made specific criminal offence – Cameron – BBC News

Posted March 8th, 2012 in crime, domestic violence, harassment, news, treaties, violence, women by sally

“Stalking is to be made a specific criminal offence in England and Wales, Prime Minister David Cameron has said.”

Full story

BBC News, 8th March 2012

Source: www.bbc.co.uk

Ken Clarke’s abolition of legal watchdog to be challenged by MPs – The Guardian

Posted March 8th, 2012 in news, ombudsmen, reports, select committees by sally

“Ken Clarke’s plans to abolish the quango that monitors thousands of legal tribunals and ombudsmen rulings will be challenged on Thursday by a committee of MPs.”

Full story

The Guardian, 8th March 2012

Source: www.guardian.co.uk

Terror suspects win supreme court ruling over secret witness – The Guardian

Posted March 8th, 2012 in anonymity, appeals, deportation, news, Supreme Court, terrorism, tribunals, witnesses by sally

“Seven Algerian nationals suspected of terrorism have resisted attempts to deport them by turning the tables on the government’s support for using secret evidence in court.”

Full story

The Guardian, 7th March 2012

Source: www.guardian.co.uk