EVENT: IALS – The Common Law and Europe (Hamlyn Lecture)

Posted September 19th, 2013 in Forthcoming events by sally

“Sir John Laws has served in the Court of Appeal and Privy Council since 1999 and has been responsible for a large number of important cases including Thoburn v Sunderland City Council in which he recognised principles of the common law that collided with the notion of Parliamentary Sovereignty. Sir John is also a constitutional jurist of note, having written several extra-judicial contributions that underline the importance of the rule of law and the courts in a democracy so that sovereignty is founded in the constitution, not just Parliament.

The Hamlyn Trust was created in 1948, by Miss Emma Hamlyn in memory of her father, a solicitor and Justice of the Peace in Torquay, Devon. The object of the Trust is to further knowledge and understanding of the law; this is achieved through an annual series of public lectures by distinguished judges, legal practitioners, academic lawyers and other eminent speakers.”

Date: 27th November 2013, 6.00-7.00pm

Location: Inner Temple Hall, Inner Temple, London EC4Y 7HL.

Charge: Free, registration required

More information can be found here.

EVENT: IALS – On the Borders of Refugee Protection? The Impact of Human Rights Law on Refugee Law – Comparative Practice and Theory

Posted September 19th, 2013 in Forthcoming events by sally

“This expert conference breaks new ground in exploring how human rights law (HRL) is shaping the protection of refugees worldwide. A high-level event, it brings together exciting new contributions from more than twenty-five leading international specialists in the refugee protection and HRL – including experts from UNHCR – to take stock of transnational developments in law and practice over the past twenty years, and to cultivate new approaches to the topic.”

Date: 13th-14th November 2013

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: IALS – Gender, Violence and Asylum: A Troubling Trilogy?

Posted September 19th, 2013 in Forthcoming events by sally

“Although there are no official statistics available, experience and research suggest that a large proportion of women seeking asylum in the UK (claim to) have experienced rape in their country of origin. The role and relevance of this sexual violation within their asylum claim will vary, of course, but for many it will form a key part of the narrative as to why the woman fled and why she fears return. Despite this, there has been little dedicated attention afforded to the ways in which claims of rape emerge within the asylum process, of the barriers that might prevent disclosure, or of the difficulties which decision-makers might face in responding to and evaluating the credibility of such claims. In a context in which concerns have been expressed regarding the handling of women’s asylum claims and there is a wealth of pre-existing research in the criminal justice system pointing to the tenacity of dubious expectations regarding ‘normal’ rape victim’s behaviour during and post-assault, the researchers set out to subject these factors to more rigorous scrutiny.”

Date: 28th October 2013, 4.00-6.00pm

Location: Room G37 (Ground Floor), Senate House, South Block, Malet Street, London WC1E 7HU

Charge: Free, registration required

More information can be found here.

Jackson in action; failure to comply with procedural obligations will be dealt with harshly – Sovereign Chambers

Posted September 19th, 2013 in civil procedure rules, costs, news, sanctions by sally

“At the District Judges’ Annual Seminar on 22 March 2013, Lord Dyson said “indulgence can no longer be given where the parties fail to comply with their procedural obligations. It has not taken long for the Court’s to demonstrate that they will get tough.”

Full story

Sovereign Chambers, 6th September 2013

Source: www.sovereignchambers.co.uk

Government To Retain SPC – No. 5 Chambers

Posted September 19th, 2013 in consultations, news, regulations, transfer of undertakings by sally

“The Government has decided not repeal the TUPE rules on service provision change. Anthony Korn summarises the Government’s response to the Consultation document published earlier this year.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

Termination or Mutual Separation? – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, employment tribunals, news, redundancy by sally

“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

CCTV in Employment Tribunal Proceedings – No. 5 Chambers

“Caroline Jennings explores the use of CCTV as evidence in the Employment Tribunal.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

Agency Worker Regulations – Watch This Space – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, news, regulations, trade unions by sally

“Russell Holland looks at the recent concerns raised by the TUC in relation to the Agency Worker Regulations.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

Equal Pay Claims and the ‘Same Employment’ Test – No. 5 Chambers

Posted September 19th, 2013 in employment, equal pay, news by sally

“Fatim Kurji considers the meaning of ‘same employment’ within the Equal Pay legislation.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

What Are Care Proceedings For? – Lady Hale

Posted September 19th, 2013 in care orders, children, families, judges, news, parental rights, proportionality, speeches by sally

What Are Care Proceedings For? (PDF)

Zenith Chambers Munkman Lecture, 16th September 2013

Source: www.zenithchambers.co.uk

Preserving your right to claim elsewhere: new rule 52 – No. 5 Chambers

Posted September 19th, 2013 in courts, employment tribunals, estoppel, news, regulations, tribunals by sally

“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

Full story

Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

Whistleblowers – BBC Unreliable Evidence

Posted September 19th, 2013 in employment, news, whistleblowers by sally

“Clive Anderson’s guests call for new laws both to encourage employees to report criminal behaviour and malpractice in their organisations and to protect them if they blow the whistle.”

Listen

BBC Unreliable Evidence, 18th September 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B-S (Children), Re [2013] EWCA Civ 1146 (17 September 2013)

M (A Child) [2013] EWCA Civ 1131 (17 September 2013)

High Court (Queen’s Bench Division)

Tidal Energy Ltd v Bank of Scotland Plc [2013] EWHC 2780 (QB) (13 September 2013)

High Court (Administrative Court)

S, R (on the application of) v The General Teaching Council for England & Anor [2013] EWHC 2779 (Admin) (13 September 2013)

Wildie, R (on the application of) v Wakefield Metropolitan District Council & Anor [2013] EWHC 2769 (Admin) (13 September 2013)

Prothero, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin) (18 September 2013)

High Court (Family Division)

N v K [2013] EWHC 2774 (Fam) (11 September 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (03 September 2013)

High Court (Patents Court)

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

Veils and ignorance: defendant not allowed to wear niqaab when giving evidence – UK Human Rights Blog

Posted September 19th, 2013 in courts, evidence, freedom of expression, human rights, identification, Islam, news, trials, women by sally

“The ruling by HHJ Murphy in Blackfriars Crown Court this Monday that a defendant in a criminal trial should not be allowed to wear a niqaab (face veil) whilst giving her evidence has prompted calls for a public debate about the wearing of face veils in public more generally. Adam Wagner has already commented on the case here. A summary and analysis of the decision follows below.”

Full story

UK Human Rights Blog, 18th September 2013

Source: www.ukhumanrightsblog.com

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, law reports, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

Website’s driving test claims banned by ASA – Daily Telegraph

Posted September 19th, 2013 in advertising, driving licences, misrepresentation, news by sally

“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”

Full story

Daily Telegraph, 18th September 2013

Source: www.telegraph.co.uk

Minister orders review of guidelines for health workers wearing full-face veils – The Guardian

Posted September 19th, 2013 in doctors, employment, freedom of expression, health, Islam, news, nurses, women by sally

“A review is being launched into health service guidelines on full-face veils to ensure that patients always have ‘appropriate face-to-face contact’, it has emerged.”

Full story

The Guardian, 19th September 2013

Source: www.guardian.co.uk