A war on Judicial Review? – UK Human Rights Blog

Posted November 19th, 2012 in delay, human rights, immigration, judicial review, news by sally

“The Prime Minister is to ‘get a grip’ on people forcing unnecessary delays to Government policy by cracking down on the ‘massive growth industry’ of Judicial Review.”

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UK Human Rights Blog, 19th November 2012

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted November 19th, 2012 in law reports by sally

Court of Appeal (Civil Division)

BB, R (on the application of) v Special Immigration Appeals Commission & Anor [2012] EWCA Civ 1499 (19 November 2012)

Turner v East Midlands Trains Ltd [2012] EWCA Civ 1470 (16 November 2012)

High Court (Queen’s Bench Division)

JD v Mather [2012] EWHC 3063 (QB) (01 November 2012)

High Court (Chancery Division)

Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch) (16 November 2012)

Source: www.bailii.org

Badly written law could deprive 4m of their pensions – Daily Telegraph

Posted November 19th, 2012 in legislative drafting, news, pensions by sally

“Four million employees could miss out on employer pension contributions until 2017 because poorly drafted legislation has left a loophole in auto-enrolment, the Government’s flagship pensions policy.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Black Holes in the Legal Cosmos – A Hitchhiker’s Guide – Speech by Mr Justice Foskett

Posted November 19th, 2012 in civil justice, criminal justice, judiciary, media, news, speeches by sally

Black Holes in the Legal Cosmos – A Hitchhiker’s Guide (PDF)

Speech by Mr Justice Foskett

King’s College London Law Alumni Autumn Lecture, 15th November 2012

Source: www.judiciary.gov.uk

Unclogging the courts – Ministry of Justice

Posted November 19th, 2012 in delay, fees, judicial review, news by sally

“The problem of costly and spurious review cases clogging up the courts will be tackled by new plans announced by Justice Secretary Chris Grayling.”

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Ministry of Justice, 19th November 2012

Source: www.justice.gov.uk

The right of property under A1P1- Supreme Court sees that it has teeth – UK Human Rights Blog

Posted November 19th, 2012 in confiscation, human rights, mortgages, news, proceeds of crime by sally

“Traditionally, the qualified right to peaceful possession of property conferred by Article 1 of the 1st Protocol (A1P1) has been thought of as a rather feeble entitlement, easily outweighed by public interests. After all, every day of the week, the modern state affects that right – think taxes or planning restrictions, or business bans arising out of public health concerns (e.g. see here), where removal and confiscation or restriction on what we do with property is readily accepted. Last week the Supreme Court ruled that the Proceeds of Crime Act 2002 (POCA) needs a bit of remedial HR surgery as and when its blunderbuss rules would otherwise have a disproportionate effect on those affected. But the importance of the ruling extends far beyond the specific statutory context.”

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UK Human Rights Blog, 18th November 2012

Source: www.ukhumanrightsblog.com

Home Truths about Judicial Diversity – Speech by the Rt. Hon. Lord Sumption

Posted November 19th, 2012 in diversity, equality, judiciary, news, speeches by sally

Home Truths about Judicial Diversity (PDF)

Speech by the Rt. Hon. Lord Sumption

Bar Council Law Reform Lecture, 15th Novemeber 2012

Source: www.barcouncil.org.uk

Reforming Legal Education – Speech by Lord Neuberger

Posted November 19th, 2012 in legal education, news, reports, speeches by sally

Reforming Legal Education (PDF)

Speech by Lord Neuberger

The Lord Upjohn Lecture, Association of Law Teachers, 15 November 2012

Source: www.supremecourt.gov.uk

Newly qualified drivers may face ban on non-family passengers – The Guardian

Posted November 19th, 2012 in careless driving, driving licences, news, road safety, young persons by sally

“Newly qualified drivers could be restricted from carrying non-family members under proposals being considered by the government to cut the number of road accidents involving teenagers.”

Full story

The Guardian, 17th November 2012

Source: www.guardian.co.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

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The Independent, 19th November 2012

Source: www.independent.co.uk

Women to sue police over spy relationships – Daily Telegraph

Posted November 19th, 2012 in damages, investigatory powers, misfeasance in public office, news, police by sally

“Women who claim they were tricked into forming intimate relationships with undercover officers from the Metropolitan Police are taking legal action against the force.”

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Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Supreme Court justice calls for positive discrimination on the menu – Law Society’s Gazette

Posted November 19th, 2012 in diversity, equality, judiciary, lectures, news by sally

“Positive discrimination is the only thing likely to significantly accelerate the rate of progress towards a more diverse judiciary, a Supreme Court judge has suggested.”

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Law Society’s Gazette, 17th November 2012

Source: www.lawgazette.co.uk

Circuses blow their top at lion licensing plan – The Independent

Posted November 19th, 2012 in animals, licensing, news by sally

“A plan to force circuses to license all their lions, tigers and elephants – thrashed out after the Government shelved an outright ban on performing wild animals – could still drive many circuses out of business, owners have warned.”

Full story

The Independent, 18th November 2012

Source: www.independent.co.uk

Prisoner vote bill to be outlined – BBC News

Posted November 19th, 2012 in bills, elections, human rights, news, parliament, prisons by sally

“The government’s draft bill on prisoner voting is to be outlined by the justice secretary on Thursday, the BBC understands.”

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BBC News, 18th November 2012

Source: www.bbc.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

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Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

These plans for secret hearings are unfair and implausible – The Guardian

Posted November 19th, 2012 in bills, civil justice, closed material, news, private hearings by sally

“The government wants to use secret evidence to counter claims against it. This would undermine the rule of law.”

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The Guardian, 18th November 2012

Source: www.guardian.co.uk

“No-one should be under any doubt – prisoners are not getting the vote under this government” – UK Human Rights Blog

Posted November 19th, 2012 in elections, human rights, news, parliament, prisons by sally

“It is being reported that Parliament will, after all, get the opportunity to decide whether the blanket ban on convicted prisoners being able to vote will be lifted. MPs could get three options to choose from, including removing the ban for prisoners serving six months or less and those serving four years or less. A third option will be to maintain the status quo, with no convicted prisoners being able to vote.”

Full story

UK Human Rights Blog, 18th November 2012

Source: www.ukhumanrightsblog.com

Lawyers say Clarke’s justice bill smacks of repressive and undemocratic regimes – The Guardian

Posted November 19th, 2012 in bills, closed material, evidence, legal profession, news, private hearings by sally

“Secret trials and withholding evidence are reminiscent of ‘repressive regimes and undemocratic societies’, the legal profession warns in a letter opposing the government’s justice and security bill.”

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The Guardian, 17th November 2012

Source: www.guardian.co.uk

More criminals to escape courts under new police commissioners, magistrates warn – Daily Telegraph

Posted November 19th, 2012 in budgets, cautions, courts, fines, magistrates, news, police by sally

“More offenders will be ‘let off’ with cautions and fines following the introduction of police and crime commissioners, magistrates fear.”

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Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

New immigration rules accused of splitting up families – The Independent

Posted November 19th, 2012 in families, immigration, married persons, news, regulations by sally

“Britons on low incomes are being forced to live apart from their families because of new immigration rules that rate their marriages as ‘second class’, campaigners say.”

Full story

The Independent, 17th November 2012

Source: www.independent.co.uk