Court of Appeal allows new grounds of challenge to planning decisions beyond six week limit – Local Government Lawyer

Posted July 12th, 2013 in appeals, news, planning, time limits by tracey

“Challengers to planning permissions can substitute entirely new grounds of challenge beyond the end of the strict six week limit for bringing a claim, the Court of Appeal has ruled.”

Full story

Local Government Lawyer, 10th July 2013

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted July 12th, 2013 in law reports by sally

High Court (Chancery Division)

In the matter of Property Professionals & Ltd [2013] EWHC 1903 (Ch) (08 July 2013)

Jeffery & Anor v Jeffery [2013] EWHC 1942 (Ch) (10 July 2013)

Evegate Publishing Ltd v Newsquest Media (Southern) Ltd [2013] EWHC 1975 (Ch) (10 July 2013)

Smithton Ltd v Naggar [2013] EWHC 1961 (Ch) (11 July 2013)

Mukerjee (Née Sen) & Anor v Sen & Ors [2013] EWHC 1997 (Ch) (11 July 2013)

Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

High Court (Queen’s Bench)

Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

Thompson v Starr & Ors [2013] EWHC 1972 (QB) (10 July 2013)

Draycott Place RTM Company Ltd v Bordelais [2013] EWHC 1949 (QB) (10 July 2013)

High Court (Administrative Court)

McIntyre, R (on the application of) v The Parole Board [2013] EWHC 1969 (Admin) (09 July 2013)

Adler v Crown Prosecution Service [2013] EWHC 1968 (Admin) (09 July 2013)

Evans, R (on the application of) v HM Attorney General & Anor [2013] EWHC 1960 (Admin) (09 July 2013)

Massey, R (On the Application Of) v Secretary of State for Justice [2013] EWHC 1950 (Admin) (10 July 2013)

United Kingdom Assocation of Fish Producer Organisations v Secretary of State for Environment, Food And Rural Affairs [2013] EWHC 1959 (Admin) (10 July 2013)

Aston & Anor vThe Secretary of State for Communities And Local Government & Ors [2013] EWHC 1936 (Admin) (10 July 2013)

A, R (On the Application Of) v Cardiff County Council And Others [2011] EWHC 1216 (Admin) (07 March 2011)

Alami & Anor v Health and Care Professions Council & Anor [2013] EWHC 1895 (Admin) (10 July 2013)

The Church Commissioners for England v Hampshire County Council & Anor [2013] EWHC 1933 (Admin) (10 July 2013)

Government of the United States of America v Wood [2013] EWHC 1971 (Admin) (10 July 2013)

Miller v General Medical Council [2013] EWHC 1934 (Admin) (10 July 2013)

High Court (Family Division)

HB v PB [2013] EWHC 1956 (Fam) (09 July 2013)

High Court (Commercial Court)

NRE Coke Ltd & Anor v Coeclerici Asia (PTE) Ltd [2013] EWHC 1987 (Comm) (10 July 2013)

High Court (Patents Court)

Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2013] EWHC 1958 (Pat) (09 July 2013)

Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013)

Source: www.bailii.org

Sea fishing, quotas and A1P1: “no-one owns the sea” – UK Human Rights Blog

Posted July 12th, 2013 in EC law, fisheries, human rights, news, quotas by tracey

“The UK Association of Fish Producer Organisations v. Secretary of State for Environment, Food and Rural Affairs, Cranston J, 10 July 2013. Interesting alignment of parties in this challenge to Defra’s new system of allocating fish quota brought by an industry body (UKAFPO), in practice representing the larger fishing fleet – vessels over 10 metres in length – Defra was supported by Greenpeace (how often does that happen?), and by the New Under Ten Fishermen’s Association. And this was because Defra had transferred some fishing quota from the larger to the smaller fishing fleet, namely those under 10 metres in length who fish inshore waters.”

Full story

UK Human Rights Blog, 11th July 2013

Source: www.ukhumanrightsblog.com

Confidential pre-termination negotiations to come into force on 29 July – OUT-LAW.com

Posted July 12th, 2013 in agreements, employment, news, unfair dismissal by tracey

“Changes to the law that will allow employers to carry out certain negotiations
with employees in relation to termination without those conversations being
admissible in a future unfair dismissal claim will come into force on 29
July.”

Full story

OUT-LAW.com, 11th July 2013

Source: www.out-law.com

 

Judicial review of FTT in UT: what costs rule applies? – Education Law Blog

“In R (LR) v FTT [2013] UKUT 0294 (AAC) the parents and local authority had settled an appeal against a statement of special educational needs and entered into a consent order. The local authority subsequently sought to re-open the tribunal’s approval of that order and, following a review, the FTT set it aside.”

Full story

Education Law Blog, 9th July 2013

Source: www.education11kbw.com

UK plans for plain cigarette packaging to be shelved – The Guardian

Posted July 12th, 2013 in advertising, drug abuse, health, news by tracey

“Ministers are to announce that they have decided to shelve plans to introduce legislation forcing cigarettes to be sold in plain packaging. In a written statement to MPs, the Department of Health will say that it wants more time to study the impact of a similar law in Australia before deciding to press ahead with standardised cigarette packaging in England.”

Full story

The Guardian, 12th July 2013

Source: www.guardian.co.uk

Sacked chief constables could launch human rights claim, says watchdog – Daily Telegraph

Posted July 12th, 2013 in human rights, local government, news, police, proportionality, unfair dismissal by tracey

“Chief constables who are forced out of their jobs by police and crime commissioners could launch claims under the European Convention on Human Rights, a watchdog has said.”

Full story

Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

Confused bride exposes sham marriage plot after forgetting groom’s name – The Guardian

Posted July 12th, 2013 in fraud, immigration, marriage, news, sentencing, visas by tracey

“A bogus couple whose sham marriage was scuppered after the bride could not remember the groom’s name have been jailed. Jayeola Abiola, 27, a Nigerian national, barely knew his would-be wife Vania Pinheiro-Fernandes, 29, from Portugal. They planned to walk down the aisle to the ballad The First Time Ever I Saw Your Face – a choice Hull crown court heard was ‘rather apt.’ ”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

G4S faces criminal probe after overcharging taxpayer millions for electronic tags – Daily Telegraph

Posted July 12th, 2013 in crime, electronic monitoring, news, Serious Fraud Office by tracey

“G4S is facing a criminal investigation after it billed the taxpayer millions of pounds to electronically tag criminals who had died, left the country or gone back to jail.”

Full story

Daily Telegraph, 11th July 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 11th, 2013 in law reports by sally

Supreme Court

Kapri v The Lord Advocate (representing The Government of the Republic of Albania) (Scotland) [2013] UKSC 48 (10 July 2013)

AA, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 49 (10 July 2013)

Court of Appeal (Criminal Division)

Sheard v R [2013] EWCA Crim 1161 (10 July 2013)

Court of Appeal (Civil Division)

Black & Anor v Wilkinson [2013] EWCA Civ 820 (09 July 2013)

Tattersall v Tattersall [2013] EWCA Civ 774 (09 July 2013)

Mertrux Ltd v HM Revenue and Customs [2013] EWCA Civ 821 (09 July 2013)

Starks v Chief Constable of Hertfordshire [2013] EWCA Civ 782 (09 July 2013)

Urban I (Blonk Street) Ltd v Ayres & Anor [2013] EWCA Civ 816 (05 July 2013)

Global Torch Ltd v Apex Global Management Ltd & Ors [2013] EWCA Civ 819 (10 July 2013)

Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

Lancaster City Council v Thomas Newall Ltd [2013] EWCA Civ 802 (11 July 2013)

CN, R (on the application of) v London Borough of Lewisham [2013] EWCA Civ 804 (11 July 2013)

ZH, R (on the application of) v London Borough of Newham [2013] EWCA Civ 805 (11 July 2013)

Merthyr Tydfil Car Auction Ltd v Thomas & Anor [2013] EWCA Civ 815 (11 July 2013)

Paratus Amc Ltd v Fosuhene [2013] EWCA Civ 827 (11 July 2013)

Adesina & Ors, R (on the application of) v The Nursing and Midwifery Council [2013] EWCA Civ 818 (09 July 2013)

Source: www.bailii.org

Judge warns against ‘hopeless’ applications to halt deportations – The Guardian

Posted July 11th, 2013 in asylum, deportation, judges, law firms, news by sally

“A leading judge has warned solicitors against making ‘hopeless’ applications to halt the deportation of failed asylum seekers “desperate not to leave this country”.”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

Ruling highlights need for clear policy on social media account ownership, says expert – OUT-LAW.com

“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”

Full story

OUT-LAW.com, 11th July 2013

Source: www.out-law.com

How to make human trafficking a priority for law enforcement agencies – The Guardian

Posted July 11th, 2013 in enforcement, news, police, trafficking in human beings by sally

“In the UK, knife crime and gang crime have been decreasing rapidly. The significant reductions have been achieved largely because of the way police and other investigative agencies manage their intelligence. They’ve prioritised a few key crimes and focused on preventing them.”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

Anonymity: publication and open justice – Panopticon

“The tension between transparency and individual privacy is part of what makes information rights such a fascinating and important area. When it comes to high-public interest issues involving particular individuals, prevailing wisdom has tended to be something like this: say as much as possible on an open basis, but redact and anonymise so as to protect the identity of the individuals involved. Increasingly, however, transparency is outmuscling privacy. See for example my post about the Tribunal’s order of disclosure, in the FOIA context, of the details of the compensation package of a Chief Executive of an NHS Trust (the case of Dicker v IC (EA/2012/0250).”

Full story

Panopticon, 11th July 2013

Source: www.panopticonblog.com

Kieran Crump Raiswell random stab murder: Man convicted – BBC News

Posted July 11th, 2013 in diminished responsibility, homicide, mental health, murder, news by sally

“A man has been convicted of murdering a teenager in a random knife attack in a Manchester street.”

Full story

BBC News, 11th July 2013

Source: www.bbc.co.uk

Classifieds

Posted July 11th, 2013 in news by sally

Recently added:

Law Commissioner vacancy

Posted July 11th, 2013 in by sally

The Lord Chancellor is seeking a Law Commissioner to lead law reform projects, principally in the area of public and administrative law. The successful candidate will also contribute to the development of proposals by the other Law Commissioners and help to shape the future work and direction of the Commission. A significant part of this full-time role is to represent the Commission externally and influence at the highest level. Candidates must be a holder of judicial office, barrister, solicitor or teacher of law in a university. The appointment will be made by the Lord Chancellor and will commence on 1 October 2013.

Closing date is mid-day 5 August 2013. Interviews will be held early September. Full details of the post and a candidate information pack are available on the Public Appointments website.

Applications and enquiries should be made via PublicAppointmentsTeam@justice.gsi.gov.uk.

Stuart Hall sex attack sentence to be reviewed – BBC News

Posted July 11th, 2013 in news, recidivists, sentencing, sexual offences, victims by sally

“The sentence given to BBC broadcaster Stuart Hall for convictions for sexual abuse will be reviewed following complaints he ‘got off lightly’.”

Full story

BBC News, 11th July 2013

Source: www.bbc.co.uk

EVENT: UCL – The Achilleas: Forsaking Foreseeability

Posted July 11th, 2013 in Forthcoming events by sally

“In The Achilleas, the House of Lords gave the most recent interpretation of Hadley v. Baxendale and the limits on the recovery of consequential damages. Lord Hoffmann rejected the emphasis on foreseeability and “the requisite degree of probability of loss,” proposing instead on the tacit assumption of the parties. This paper provides a theoretical framework for ascertaining the tacit assumption and applies it to the particular facts of The Achilleas. ”

Date: Thursday 11th July 2013, 6.00-7.00pm

Location: UCL Law Faculty, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: Law Society – Family Law Section Annual Conference

Posted July 11th, 2013 in Forthcoming events by sally

“The Law Society’s Family Law Conference 2013 will discuss key questions arising from religious beliefs when parental relationships breakdown, the response of the civil family courts in recent cases, and whether the religious and civil courts can work more closely together to achieve better outcomes for families, with a focus on the Islamic and Jewish courts.

This event is aimed at the following:

– Private and public family law practitioners, particularly those working in multi-faith and multi-cultural communities.
– Anyone with an interest in how the family courts deal with contemporary questions arising from relationship breakdowns in a pluralist society.”

This event is CPD certified.

Date: Tuesday 29th October 2013

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for details

More information can be found here.