Judicial review reforms will discourage “ill-conceived and vexatious claims”, experts say – OUT-LAW.com

‘Changes to the rules governing judicial review (JR) claims will ensure that those challenging the decisions of public bodies face a “fair level of financial risk”, the Government has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Councils win High Court case over allocation of EU structural funds – Local Government Lawyer

Posted February 10th, 2014 in budgets, EC law, local government, news by tracey

‘Nine local authorities have won a High Court challenge over the Government’s regional allocation of EU structural funds for 2014-2020.’

Full story

Local Government Lawyer, 10th February 2014

Source: www.localgovernmentlawyer.co.uk

Solicitor struck off for practising while suspended – Legal Futures

Posted February 10th, 2014 in costs, disciplinary procedures, licensing, news, public interest, solicitors by tracey

‘A Birmingham solicitor has been struck off for practising while suspended, including appearing in court.’

Full story

Legal Futures. 10th February 2014

Source: www.legalfutures.co.uk

Legal Futures interview lands Bar Council chief in hot water with LSB – Legal Futures

Posted February 10th, 2014 in barristers, Legal Services Board, news, regulations by tracey

‘Comments made by the new Bar Council chairman in an interview with Legal Futures have led the Legal Services Board (LSB) to doubt whether the Bar Council truly accepted the recent findings that it improperly influenced its regulatory arm.’

Full story

Legal Futures, 10th February 2014

Source: www.legalfutures.co.uk

Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

Full story

UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

Use of disclosed documents – Panopticon

Posted February 10th, 2014 in civil procedure rules, closed material, disclosure, documents, injunctions, news by tracey

‘The important general principle is of course that a party to whom a document has been disclosed in litigation may use that document only for the purpose of the proceedings in which it is disclosed. There are, nonetheless, three significant exceptions to that principle, set out in CPR r31.22(1).’

Full story

Panopticon, 7th February 2014

Source: www.panopticonblog.com

What’s in a name? – Court of Appeal gives judgment in Edem – Panopticon

Posted February 10th, 2014 in appeals, data protection, interpretation, names, news, privacy by tracey

‘Deciding whether information which arguably relates to an individual amounts to their “personal data” for the purposes of s. 1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. In making the judgment call in any particular case, data controllers have routinely looked to the guidance set out Auld LJ’s judgment in the well known case of Durant v Financial Services Act [2003] EWCA Civ 1746, [2011] 1 Info LR 1. In his judgment, Auld LJ indicated that there were two “notions” likely to be of assistance when it came to determining whether particular data was sufficiently “personal” that if tell within the scope of the DPA.’

Full story

Panopticon, 7th February 2014

Source: www.panopticonblog.com

High Court to consider Data Protection Act bid to halt reporting of corruption allegations – Panopticon

‘Can the Data Protection Act 1998 (“DPA”) be used to prevent a respected NGO from reporting allegations of corruption by a multi-billion dollar international mining conglomerate? That is the stark question posed by Steinmetz and others v Global Witness Limited, a recently issued High Court DPA Claim.’

Full story

Panopticon, 10th February 2014

Source: www.panopticonblog.com

CCTV warning notices non-compliant with data protection laws, says watchdog – OUT-LAW.com

‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

UNISON’s employment tribunal fees challenge dismissed, but impact of new regime not yet apparent, says High Court – OUT-LAW.com

‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’

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OUT-LAW.com, 10th February 2014

Source: www.out-law.com

Deciding without a decision – NearlyLegal

‘R (on the application of PK) v Harrow LBC (2014) QBD Admin 30 January 2014. The Claimants were the children of M. The family was street homeless and destitute following eviction. It appears that Harrow had decided there was no duty to accommodate M, as the family was referred to Social Services.’

Full story

NearlyLegal, 9th February 2014

Source: www.nearlylegal.co.uk/blog/

“Mandatory” mediation – not mandatory enough! – Halsbury’s Law Exchange

Posted February 10th, 2014 in bills, case management, dispute resolution, divorce, domestic violence, legal aid, news by tracey

‘In recent weeks there has been widespread reporting of government measures to introduce “mandatory mediation” for separating couples. This will be brought in under the Children and Families Bill, which is due to come into force in April. So, what exactly will the proposals mean? Will they actually result in couples moving away courts, and resolving their disputes through mediation, as the government wants?’

Full story

Halsburys Law Exchange, 10th February 2014

Source: www.halsburyslawexchange.co.uk

Tube strikes – should the law be changed? – Halsbury’s Law Exchange

‘We asked the business lobbying group CBI, the Institute of Directors (IOD) and Trade Union lawyer Richard Arthur for their views on reform of this prickly area of law.’

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Halsbury’s Law Exchange, 7th February 2014

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 10th, 2014 in legislation by tracey

The NHS Bodies (Transfer of Trust Property) Order 2014

The Industrial and Provident Societies and Credit Unions (Arrangements, Reconstructions and Administration) Order 2014

The Welfare Reform Act 2012 (Commencement No. 16 and Transitional and Transitory Provisions) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 10th, 2014 in law reports, legislation by tracey

Court of Appeal (Civil Division)

Edem v The Information Commissioner & Anor [2014] EWCA Civ 92 (07 February 2014)

Walker Construction (UK) Ltd v Quayside Homes Ltd & Anor [2014] EWCA Civ 93 (07 February 2014)

High Court (Administrative Court)

Unison, R (on the application of) v The Lord Chancellor & Anor [2014] EWHC 218 (Admin) (07 February 2014)

Rotherham Metropolitan Borough Council & Ors, R (on the application of) v Secretary of State for Business, Innovation and Skills [2014] EWHC 232 (Admin) (07 February 2014)

High Court (Commercial Court)

OMV Petrom SA v Glencore International AG [2014] EWHC 242 (Comm) (07 February 2014)

Euroil Ltd v Cameroon Offshore Petroleum Sarl [2014] EWHC 215 (Comm) (07 February 2014)

High Court (Technology and Construction Court)

Waterdance Ltd v Kingston Marine Services Ltd [2014] EWHC 224 (TCC) (07 February 2014)

Source: www.bailli.org

Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Claimant faces record costs after tribunal – Law Society’s Gazette

Posted February 10th, 2014 in costs, disclosure, employment tribunals, equality, local government, news by tracey

‘An employment tribunal has ordered a claimant who unsuccessfully took a local authority to tribunal to pay record costs for an individual.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

Apollo Theatre ceiling collapse family seeks payout – BBC News

Posted February 10th, 2014 in accidents, compensation, health & safety, insurance, news, theatre by tracey

‘A family injured when the Apollo Theatre ceiling collapsed is suing the theatre’s owners for compensation.’

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BBC News, 7th February 2014

Source: www.bbc.co.uk

Ex-soldier sues Ministry of Defence for alleged failure to tackle bullying – The Guardian

Posted February 10th, 2014 in armed forces, bullying, compensation, complaints, harassment, news, ombudsmen, standards, statistics by tracey

‘A former British private is suing the Ministry of Defence over allegations the army allowed severe bullying which led to him attempting to take his own life five times.’

Full story

The Guardian, 8th February 2014

Source: www.guardian.co.uk

Number of sex offenders in England and Wales rises by more than third in five years – Daily Telegraph

Posted February 10th, 2014 in budgets, news, probation, rehabilitation, sexual offences, statistics by tracey

‘The number of registered sex offenders in England and Wales has risen by more than a third in the past five years. More than 40,000 registered sex offenders, including 2,700 judged to pose a serious risk to the public, are living in the community and being monitored by probation services.’

Full story

Daily Telegraph, 9th February 2014

Source: www.telegraph.co.uk