October 2013 – Page 15 – Current Awareness

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted October 16th, 2013 in appeals, asylum, deportation, families, human rights, immigration, imprisonment, law reports, proportionality, public interest by sally

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 16th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Skrytek v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 1231 (15 October 2013)

Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC [2013] EWCA Civ 1229 (15 October 2013)

High Court (Administrative Court)

ML (A Child), R (on the application of) v Youth Justice Board [2013] EWHC 3083 (Admin) (15 October 2013)

Antoniou, R (on the application of) v Central and North West London NHS Foundation Trust & Ors [2013] EWHC 3055 (Admin) (10 October 2013)

High Court (Technology and Construction Court)

National Museums and Galleries On Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 3025 (TCC) (11 October 2013)

Source: www.bailii.org

Transforming the services of the Office of the Public Guardian – enabling digital by default – Ministry of Justice

Posted October 16th, 2013 in consultations, Court of Protection, internet, news, Office of the Public Guardian, powers of attorney by sally

“Our consultation paper ‘Transforming the Services of the Office of the Public Guardian’, published on 27 July 2012, invited comments on a range of issues related to the Office of the Public Guardian’s (OPG) aspiration to deliver its services digitally by default. In our response, published in January 2013, we set out the changes that we would complete by April 2013. This included reducing the statutory waiting period for registering a Lasting Power of Attorney (LPA) form from six weeks to four weeks and amending the regulations to allow court appointed deputies to change bond provider without the need to apply to the Court of Protection. However, other changes required further policy development or were dependant on the OPG replacement IT system being in place in 2014.”