Judicial review proceedings may be terminated by government – UK Human Rights Blog

“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”

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UK Human Rights Blog, 12th August 2013

Source: www.ukhumanrightsblog.com

Prince Charles faces scrutiny by MPs over veto on laws – The Guardian

Posted August 13th, 2013 in consent, constitutional law, legislation, news, royal family, royal prerogative, veto by sally

“The British parliament is to investigate Prince Charles’s controversial role in helping to shape government legislation in a move likely to increase pressure on Whitehall to reduce the secrecy around alleged royal lobbying.”

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The Guardian, 12th August 2013

Source: www.guardian.co.uk

One hundred pubs listed as Assets of Community Value – OUT-LAW.com

Posted August 13th, 2013 in assets of community value, historic buildings, news by sally

“Community Pubs Minister Brandon Lewis has announced that 100 pubs across England have been listed as Assets of Community Value (ACV), the Independent has reported.”

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OUT-LAW.com, 12th August 2013

Source: www.out-law.com

Thousands of UK citizens ‘detained unlawfully’ – Law Society’s Gazette

“Tens of thousands of vulnerable people are being detained unlawfully due to the complexity of the Mental Capacity Act (MCA), lawyers have told a House of Lords committee.”

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Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

Employment law means all workers are equal – wherever they come from – The Guardian

Posted August 13th, 2013 in employment, equality, news, remuneration by sally

“The only way the law could be changed to allow British workers to receive favourable treatment in the recruitment market would be if the UK unwound its membership of the European Union. Otherwise it would be illegal under the Equality Act to discriminate against Polish workers or any other group from the EU.”

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The Guardian, 12th August 2013

Source: www.guardian.co.uk

Redditch diabetic’s death leads to payout by health trust – BBC News

Posted August 13th, 2013 in compensation, hospitals, medical treatment, news, nurses by sally

“An undisclosed settlement has been paid by a health trust to the family of a woman who died after a hospital failed to treat her diabetes.”

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BBC News, 13th August 2013

Source: www.bbc.co.uk

When is Judicial Review Available as a Remedy in Relation to Housing Benefit Issues Where There are Possession Proceedings for Rent Arrears? – Garden Court Chambers Blog

Posted August 13th, 2013 in benefits, housing, judicial review, legal aid, news, repossession, social security by sally

“Desmond Rutledge considers the scenarios in which judicial review is available as a solution to certain housing benefit issues and provides specific examples of housing benefit decisions that are susceptible to judicial review.”

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Garden Court Chambers Blog, 13th August 2013

Source: www.gclaw.wordpress.com

FOI reforms: dataset information could be disclosed in re-usable format even though copyright restrictions may still apply – OUT-LAW.com

Posted August 13th, 2013 in copyright, disclosure, fees, freedom of information, news, regulations by sally

“Public authorities could be required to make copyrighted information contained in datasets available in a re-usable format under changes to freedom of information (FOI) laws even if they are not in a position to sanction re-use.”

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OUT-LAW.com, 12th August 2013

Source: www.out-law.com

Gibraltar row: UK considering ‘unprecedented’ legal action – BBC News

“The UK government is considering legal action against Spain over the imposition of additional border checks in Gibraltar, Downing Street has said.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

Nudist spa with dungeon closed by planning rules – Daily Telegraph

Posted August 13th, 2013 in hotels, news, planning by sally

“A nudist spa in a quiet Surrey village complete with a dungeon, pool and sauna has been ordered to close after a council ruled it breached planning laws.”

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Daily Telegraph, 12th August 2013

Source: www.telegraph.co.uk

‘Go home’ vans legal threat shelved – BBC News

Posted August 13th, 2013 in advertising, immigration, news, pilot schemes by sally

“A refugee group said it would not take legal action over a scheme that saw vans drive through London calling on illegal immigrants to leave.”

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BBC News, 12th August 2013

Source: www.bbc.co.uk

Police marksman keeps job after having sex on duty – The Independent

“A police marksman who had sex with another man’s wife while on duty avoided the sack because he had control of his loaded gun, even though it was on a holster around his ankles, a police force has ruled.”

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The Independent, 12th August 2013

Source: www.independent.co.uk

Paedophile whose victim was described as predatory has sentence increased – The Guardian

“A convicted paedophile who escaped jail after his 13-year-old victim was described by a prosecutor as predatory has had his sentence increased because of a technicality.”

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The Guardian, 12th August 2013

Source: www.guardian.co.uk

Should the CPS Give Press Conferences? – Criminal Law and Justice Weekly

“Do CPS press conferences after charge risk prejudicing a trial, asks Dan Bunting.”

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Criminal Law and Justice Weekly, 10th August

Source: www.criminallawandjustice.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 12th, 2013 in legislation by sally

The Civil Procedure (Amendment No.7) Rules 2013

The Freedom of Information (Release of Datasets for Re-use) (Fees) Regulations 2013

The Large and Medium-sized Companies and Groups (Accounts and Reports) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Ahmad v Secret Garden (Cheshire) Ltd [2013] EWCA Civ 1005 (06 August 2013)

High Court (Administrative Court)

Thomas Cook Tour Operations Ltd & Anor v Louis Hotels SA [2013] EWHC 2469 (QB) (09 August 2013)

N and N v London Borough of Newham & Anor [2013] EWHC 2475 (Admin) (09 August 2013)

Marton -Cum -Grafton Parish Council), R (On the Application Of) v North Yorkshire County Council [2013] EWHC 2406 (Admin) (09 August 2013)

Tabbakh, R (On the Application Of) v The Staffordshire and West Midlands Probation Trust & Anor [2013] EWHC 2492 (Admin) (09 August 2013)

Bredenkamp, R (On the Application Of) v Secretary of State for Foreign And Commonwealth Affairs [2013] EWHC 2480 (Admin) (09 August 2013)

Ignaoua, R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin) (09 August 2013)

D, R (On the Application Of) v Worcestershire County Council [2013] EWHC 2490 (Admin) (09 August 2013)

High Court (Commercial Court)

Thai -Lao Lignite (Thailand) Co Ltd & Anor v Government of the Lao People’s Democratic Republic [2013] EWHC 2466 (Comm) (08 August 2013)

Source: www.bailii.org

Angela England jailed over Conwy false rape allegation – BBC News

Posted August 12th, 2013 in news, perverting the course of justice, rape, taxis by sally

“A mother who falsely accused a taxi driver of raping her has been jailed for 20 months at Mold Crown Court.”

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BBC News, 10th August 2013

Source: www.bbc.co.uk

Mediation: reasonable growth – Law Society’s Gazette

Posted August 12th, 2013 in arbitration, budgets, family courts, legal aid, news, reports by sally

“The government is introducing measures which it says will take pressure off the courts and tribunals, and in the case of family law disputes fill the gap left by cuts to legal aid. But many practitioners say the policies have not been properly thought through – and may actually hinder the use of mediation.”

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Law Society’s Gazette, 12th August 2013

Source: www.lawgazette.co.uk

High Court rejects challenge to maximum expenditure policy on adult care – Local Government Lawyer

“A High Court judge has rejected claims that a council unlawfully decided to introduce a ‘maximum expenditure policy’ on funding for adult care packages where people choose to live in the community.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

New subject access code published by ico – Panopticon

Posted August 12th, 2013 in children, codes of practice, data protection, internet, news by sally

“Yesterday I posted about a new and important High Court judgment on the application of the subject access regime. As it happens, yesterday was also the day on which the Information Commissioner published his new ‘Subject Access Code of Practice’. This is an important document which requires careful consideration by anyone working in the DPA field.”

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Panopticon, 9th August 2013

Source: www.panopticonblog.com