Collins v Secretary of State for Communities and Local Government and another – WLR Daily

Collins v Secretary of State for Communities and Local Government and another [2013] EWCA Civ 1193; [2013] WLR (D) 376

“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) – WLR Daily

Posted October 14th, 2013 in benefits, EC law, interpretation, jurisdiction, law reports, pensions by sally

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) (Case C-321/12); [2013] WLR (D) 375

“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Man cannot be stripped of British citizenship, rules Supreme Court – UK Human Rights Blog

Posted October 14th, 2013 in appeals, citizenship, human rights, Iraq, news, public interest, Supreme Court by sally

“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”

Full story

UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

New reforms to increase diversity of coroners – Ministry of Justice

Posted October 14th, 2013 in barristers, coroners, diversity, legal executives, news, solicitors by sally

“Changes designed to increase the diversity of coroners and competition for positions, have been announced by new Justice Minister Shailesh Vara.”

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Ministry of Justice, 14th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S? – Family Law Week

Posted October 14th, 2013 in adoption, appeals, news, parental rights, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.”

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Family Law Week, 11th October 2013

Source: www.familylawweek.co.uk

On the Tiles – the Court of Appeal’s Judgment in Spear and Others v Zynga – NIPC Law

Posted October 14th, 2013 in appeals, competition, EC law, news, trade marks by sally

“S.1 (1) of the Trade Marks Act 1994, which implements art 2 of Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, defines a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.’ If you are new to trade mark law or wish to be refreshed on the basics take a decko at ‘Introduction to Trade Marks’ in our IP South East blog of 9 Oct 2013.”

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NIPC Law, 13th October 2013

Source: www.nipclaw.blogspot.co.uk

Driving test candidates must sit exam in English or Welsh – BBC News

Posted October 14th, 2013 in conspiracy, consultations, driving licences, examinations, fraud, interpreters, news by sally

“All driving test candidates will have to sit the written theory exam in either English or Welsh after a ban on foreign languages by the UK government.”

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BBC News, 11th October 2013

Source: www.bbc.co.uk

Convicted prisoner has no entitlement to all the rights enjoyed by others – UK Human Rights Blog

Posted October 14th, 2013 in human rights, murder, news, prisons, remand by sally

The High Court has dismissed an ‘absolutely meritless’ claim by a prisoner that, in serving the non-tariff part of his sentence, he should be afforded all the Convention rights enjoyed by prisoners on remand or those serving time for civil offences such as contempt of court. As he had been deprived of the full panoply of rights, he said, he was a victim of discrimination contrary to Article 14.

Full story

UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

BSB issues statement after Twitter confusion over judicial review costs – The Lawyer

“The Bar Standards Board (BSB) has issued a statement about the costs of a judicial review into the Quality Assurance Scheme for Advocates (QASA) following widespread outrage and confusion on Twitter.”

Full story

The Lawyer, 11th October 2013

Source: www.thelawyer.com

Related link: Bar Standards Board Statement on costs and the judicial review of QASA

Kevin Howe jailed over friend Stephen Walker’s suicide bid – BBC News

Posted October 14th, 2013 in assisted suicide, news, sentencing by sally

“A man who helped his suicidal friend set fire to himself has been jailed for 12 years.”

Full story

BBC News, 11th October 2013

Source: www.bbc.co.uk

Plebgate: Keir Starmer defends police investigation – The Guardian

“Britain’s most senior prosecutor said he understands concerns surrounding the time it has taken to investigate police officers over the Plebgate saga, which cost Tory MP Andrew Mitchell his cabinet post.”

Full story

The Guardian, 13th October 2013

Source: www.guardian.co.uk

Stuart Lawrence race complaint against Met upheld – BBC News

“A Metropolitan Police officer accused of racial discrimination against the brother of Stephen Lawrence has a ‘case to answer for misconduct’, the police watchdog has said.”

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BBC News, 12th October 2013

Source: www.bbc.co.uk

Jail sentence penalties for data breaches will be consulted on despite Government’s scepticism – OUT-LAW.com

“The Government has reiterated its commitment to consult on introducing custodial sentences as a possible penalty for individuals who breach UK data protection laws.”

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OUT-LAW.com, 11th October 2013

Source: www.out-law.com

Grayling: legal market needs to be more diverse and innovative – Legal Futures

Posted October 14th, 2013 in diversity, legal services, Legal Services Board, news by sally

“The new chairman of the Legal Services Board (LSB) needs to help develop ‘a more diverse and innovative legal services market that attracts new providers’, justice secretary Chris Grayling has said.”

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Legal Futures, 14th October 2013

Source: www.legalfutures.co.uk

The Supreme Court’s curious constitutional U turn over prisoner rights – UK Human Rights Blog

“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”

Full story

UK Human Rights Blog, 13th October 2013

Source: www.ukhumanrightsblog.com

Criminal compensation reforms would shift burden of proof on to victims – The Guardian

“Victims of miscarriages of justice will have to prove their innocence in future or endure damaged reputations, human rights groups and Labour’s parliamentary frontbench are warning.”

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The Guardian, 14th October 2013

Source: www.guardian.co.uk

Six years, three judges, £350,000 in costs to the taxpayer… and no change: Judge hits out at ‘astonishing’ cost of Court of Protection case – The Independent

“A High Court Judge has hit out at the ‘astonishing’ cost of a six year legal battle in the Court of Protection which ended today after all parties agreed a woman should stay in care.”

Full story

The Independent, 11th October 2013

Source: www.independent.co.uk

Sexual offences: Wrong questions asked of victims, says Keir Starmer – BBC News

“Victims of sexual offences have been afraid of reporting them because police have asked ‘the wrong questions’, the director of public prosecutions for England and Wales has said.”

Full story

BBC News, 13th October 2013

Source: www.bbc.co.uk

Nine in 10 walk free for first violent crime – Daily Telegraph

Posted October 14th, 2013 in community service, news, sentencing, statistics, violent offenders, women by sally

“The majority of people convicted for the first time of violent crime are walking free, new figures show.”

Full story

Daily Telegraph, 12th October 2013

Source: www.telegraph.co.uk