‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’
WLR Daily, 11th March 2014
Source: www.iclr.co.uk
‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131
‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Ahmed & Anor v Mustafa [2014] EWCA Civ 277 (17 March 2014)
M-M (A Child), Re [2014] EWCA Civ 276 (17 March 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)
Source: www.bailii.org
‘A handyman who took hundreds of thousands of pounds from a wealthy widow with dementia after gaining power of attorney must not be named, a court rules.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
‘The high court has rejected a challenge by charities working with prisoners over legal aid cuts introduced by the justice secretary, Chris Grayling. The Howard League for Penal Reform and the Prisoners Advice Service said vulnerable people in the prison system, including inmates with mental health problems and women with babies, would suffer injustice following the removal of the right to criminal legal aid in many prison law cases. Lady Justice Rafferty and Mr Justice Cranston, sitting in London on Monday, said they could “well understand the concerns” raised by the new regulations, introduced in December by Grayling, who is also the lord chancellor. “But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the lord chancellor. For the time being, the forum for advancing these concerns remains the political.” ‘
The Guardian, 17th March 2014
Source: www.guardian.co.uk
‘A former Mafia boss wanted in Italy for extortion and other crimes has won his battle against extradition, after a ruling in an entirely unconnected case expressed concern over the conditions of Italian prisons.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
‘The police watchdog has begun an investigation after Greater Manchester police admitted keeping the remains of Harold Shipman’s victims for 12 years and then destroying them without telling bereaved relatives. The Independent Police Complaints Commission said on Monday that it was investigating whether senior officers misled the families of 12 of the serial killer’s victims over the storage of organs.’
The Guardian, 17th March 2014
Source: www.guardian.co.uk
‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’
UK Human Rights Blog, 17th March 2014
Source: www.ukhumanrightsblog.com
‘The armed forces could be exempted from human rights laws because they are hampering British military operations in the field, Philip Hammond has said. Mr Hammond said the government is prepared to introduce new legislation to protect the army from the “encroachment” of civil litigation on the battlefield.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
‘A proposal to end the criminal offence of failing to buy a TV licence is
being considered for inclusion in a bill before Parliament.’
BBC News, 18th March 2014
Source: www.bbc.co.uk
‘ Up to half of prisoners do not feel they are being punished while behind bars fuelling concerns of soft justice, the Daily Telegraph can disclose. In some jails fewer than one in five inmates believe they are paying for their crimes, according to the Ministry of Justice’s own survey. Across the prison estate a third of prisoners also say they not being helped to address their offending or to ensure they will be law-abiding citizens on release.’
Daily Telegraph, 18th March 2014
Source: www.telegraph.co.uk
‘Her Majesty’s Government welcomes the Justice Select Committee’s latest report on the relationship between the UK and the Crown Dependencies. This relationship is a valuable, historical and special one and the Government accordingly takes its responsibilities towards the Islands very seriously.’
Ministry of Justice, 17th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘After reference from Solicitor General, Court of Appeal increases sentence of Lee David Hosking from 9 and a half years’ imprisonment to 13.’
Attorney General’s Office, 14th March 2014
Source: www.gov.uk/ago
Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D) 129
‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
‘Clause 4(1) of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, precluded a national rule which provided that for the termination of fixed-term contracts of more than six months, a fixed notice period of two weeks would be applied regardless of the length of service of the worker concerned, whereas the length of the notice period for contracts of indefinite duration was fixed in accordance with the length of service of the worker concerned and could vary from two weeks to three months, where those two categories of workers were in comparable situations.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12; [2014] WLR (D) 130
‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’
WLR Daily, 13th March 2014
Source: www.iclr.co.uk
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