Beghal v Director of Public Prosecutions – WLR Daily

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”

WLR Daily, 16th August 2013

Source: www.iclr.co.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2013 in legislation by sally

The Town and Country Planning (Isles of Scilly) Order 2013

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

ICO warns councils over home working by social services employees – Local Government Lawyer

“A city council has been fined £100,000 by the Information Commissioner’s Office after information on social services involvement with a number of individuals was published online.”

Full story

Local Government Lawyer, 30th August 2013

Source: www.localgovernmentlawyer.co.uk

Expert Evidence – Another Chapter in a Continuing Story – Family Law Week

Posted September 2nd, 2013 in expert witnesses, family courts, legal history, news by sally

“David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.”

Full story

Family Law Week, 29th August 2013

Source: www.familylawweek.co.uk

Interest-only mortgage providers must treat struggling borrowers fairly, warns regulator – OUT-LAW.com

Posted September 2nd, 2013 in codes of practice, consumer protection, interest, mortgages, news by sally

“Mortgage providers must be able to demonstrate that they have treated customers fairly in cases where those individuals are unable to repay the capital sum owed at the end of the term on an interest-only mortgage, the Financial Conduct Authority (FCA) has said.”

Full story

OUT-LAW.com, 30th August 2013

Source: www.out-law.com

More than 300 foreign criminals use ‘right to family life’ to escape deportation – Daily Telegraph

Posted September 2nd, 2013 in deportation, families, human rights, immigration, news, statistics by sally

“More than 300 foreign criminals escaped deportation last year after they argued it would breach their human rights.”

Full story

Daily Telegraph, 2nd September 2013

Source: www.telegraph.co.uk

CoA to hear ‘plebgate’ costs challenge after High Court cuts libel budget – The Lawyer

Posted September 2nd, 2013 in appeals, costs, defamation, media, news, police, solicitors by sally

“The Court of Appeal will decide whether Andrew Mitchell MP can reverse a High Court decision that the cost of his libel action against The Sun should be restricted to the cost of the court fees for the claim.”

Full story

The Lawyer, 30th August 2013

Source: www.thelawyer.com

Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

Full story

Technology Law Update, 2nd September 2013

Source: www.technology-law-blog.co.uk

Inside Feltham: Why London’s Young Offender Institution is one of the scariest prisons in Britain – The Independent

Posted September 2nd, 2013 in death in custody, news, prisons, reports, standards, violence, young persons by sally

“A recent report painted a shocking picture of abuse and violence at the prison. Archie Bland meets ex-inmates, and people who have lost relatives there.”

Full story

The Independent, 31st August 2013

Source: www.independent.co.uk

New term, new approach to social care costs in SEN appeals – Education Law Blog

Posted September 2nd, 2013 in budgets, education, local government, news, special educational needs, tribunals by sally

“We’re back to school with a bang with the decision of the Upper Tribunal in WH v Warrington BC [2013] UKUT 0391 (AAC) where Judge Williams declined to follow O v Lewisham [2007] EWHC 2130 (Admin) and instead held that the only relevant “public expenditure” for the purposes of section 9 of the Education Act 1996 is that which comes out of the local authority’s education budget.”

Full story

Education Law Blog, 1st September 2013

Source: www.education11kbw.com

West Midlands CPS pair jailed for £1m taxi fares scam – BBC News

Posted September 2nd, 2013 in Crown Prosecution Service, expenses, fraud, news, sentencing, taxis by sally

“A former Crown Prosecution Service finance manager and her partner have been jailed for making bogus expenses claims worth more than £1m.”

Full story

BBC News, 30th August 2013

Source: www.bbc.co.uk

Fall in solicitor applications to bench ‘matter of concern’ says Judge – Law Society’s Gazette

Posted September 2nd, 2013 in diversity, judiciary, minorities, news, solicitors, women by sally

“The outgoing lord chief justice has called for action to reverse a decline in the number of solicitors applying for judicial posts. In his last annual report, published today, Lord Judge says ‘it is a matter of concern’ that there has been a decrease in the proportion of successful candidates with a professional background of solicitor.”

Full story

Law Society’s Gazette, 30th August 2013

Source: www.lawgazette.co.uk

Leicester child prostitution trial: Six men jailed – BBC News

“Six men have been jailed for paying or offering to pay a “vulnerable and damaged” 16-year-old girl for sex.”

Full story

BBC News, 30th August 2013

Source: www.bbc.co.uk

Quarter of prisoners in Britain’s jails forced to stay in overcrowded cells – The Independent

Posted September 2nd, 2013 in news, prisons, standards, statistics by sally

“Nearly a quarter of all prisoners are forced to stay in overcrowded cells while serving their sentences, according to new figures released today.”

Full story

The Independent, 2nd September 2013

Source: www.independent.co.uk

No more squatters rights: 69 prosecuted in first year that new law came into effect, CPS data reveals – The Independent

Posted September 2nd, 2013 in news, prosecutions, sentencing, squatting, statistics by sally

“Almost 70 suspected squatters have been brought before the courts in the year since it became a crime, figures show.”

Full story

The Independent, 1st September 2013

Source: www.independent.co.uk

Stalking laws lead to just 33 convictions in first six months – Daily Telegraph

Posted September 2nd, 2013 in Crown Prosecution Service, news, police, prosecutions, sentencing, stalking, statistics by sally

“Police officers should receive better training in how to use new anti-stalking laws after only 33 people were convicted under the legislation in its first six months, a new report has claimed.”

Full story

Daily Telegraph, 31st August 2013

Source: www.telegraph.co.uk

IPCC investigates death of man ‘pushed by police’ during son’s arrest – The Guardian

“An investigation is under way into allegations that a 54-year-old man on crutches died after he was pushed by police during a raid on his house.”

Full story

The Guardian, 30th August 2013

Source: www.guardian.co.uk