Tory Human Rights Plans, Child Abuse Inquiry and the Burqa Ban – the Human Rights Roundup – UK Human Rights Blog

Posted July 17th, 2014 in bills, freedom of expression, human rights, inquiries, judges, news by tracey

‘This week, the role of Lady Butler-Sloss in the forthcoming inquiry into child abuse is challenged, while the government pushes for emergency legislation to monitor phone and internet records. Meanwhile, the European Court of Human Right upholds France’s niqab ban and the Tories get closer to announcing their plans for human rights reform.’

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UK Human Rights Blog, 17th July 2014


Tom Hickman: Further Concerns about the DRIP Bill – UK Constitutional Law Association

‘In a blog post on Monday I expressed concerns about the lack of time for proper scrutiny of the changes to be brought in by the DRIP Bill. Towards the end of that blog I expressed puzzlement at a change to be made to the definition of “telecommunications system” in RIPA. This definition is central to the scheme of RIPA and is the basis for many of the powers therein.’

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UK Constitutional Law Association, 16th July 2014


Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says – UK Constitutional Law Association

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective of the Legal Aid, Sentencing and Punishment of Offenders Act (“LASPO”). The ratio of the judgment was that the residence test had been introduced via an amendment to the schedule in the Act (that is, via subsidiary legislation) that was not compatible with the objective of the primary legislation. While that sounds like a rather technical decision, it has important ramifications for democratic accountability. It means, in essence, that if the government wants to make such a drastic change as this, it will need to do so via an amendment to the Act itself, with the full Parliamentary debate that that would entail. The case is also interesting because of the two rights-based grounds that were argued before it. The first, that the introduction of a residence requirement violated the fundamental right of access to a court, the court declined to engage with. The second was that residence was not a lawful ground for discriminating in the provision of legal aid between equally meritorious claims. The court accepted this claim, but apparently in obiter dicta, since only the statutory construction point was strictly required to reach the outcome.’

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UK Constitutional Law Association, 17th July 2014



Academies and FOI – Panopticon

Posted July 17th, 2014 in education, freedom of information, news, tribunals by tracey

‘The question of whether information is ‘held’ by a public authority for FOIA or EIR purposes can raise difficulties. This is especially so where the boundaries between public and private service provision are blurred: consider outsourcing, privatisation of services, public/private partnerships, joint ventures, the use of external consultants and so on. Legal separation and practical day-to-day realities can often point in different directions in terms of who holds information on whose behalf.’

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Panopticon, 16th July 2014


Property owner liable for business rates when property fell unoccupied following liquidation of tenants, rules High Court –

Posted July 17th, 2014 in appeals, landlord & tenant, local government, news, rates by tracey

‘A property fund group face a near £600,000 business rates bill in Birmingham after the council in the area won a High Court ruling relating to liability for business rates due following liquidation of the tenants of a property in the city.’

Full story, 16th July 2014


My Left Shin – NearlyLegal

Posted July 17th, 2014 in appeals, human rights, legal aid, news, regulations, ultra vires by tracey

‘In years to come, we may all wonder what all the fuss was about, but Tuesday’s judgement in R (Public Law Project) v the Secretary of State for Justice has provided some relief and not a little amusement to legal aid practitioners girding themselves for yet another grim landmark in the legal aid story: the residence test.’

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NearlyLegal, 17th July 2014


Legal aid residence test held ‘discriminatory and unlawful’ – LegalVoice

Posted July 17th, 2014 in human rights, legal aid, news, ultra vires by tracey

‘The Administrative Court has declared that the proposed residence test for civil legal aid is discriminatory and unlawful, following a successful judicial review challenge against the Secretary of State for Justice. The case was brought by the Public Law Project, a national legal charity that promotes access to justice, on the basis that the residence test would, if implemented, violate fundamental constitutional rights guaranteed by the common law and the European Convention on Human Rights, as incorporated into UK law by the Human Rights Act 1998.’

Full story

LegalVoice, 16th July 2014


Impact of legal aid cuts on the Citizens Advice Bureau – Halsbury’s Law Exchange

Posted July 17th, 2014 in citizens advice bureaux, law centres, legal aid, news, universities by tracey

‘The cuts in legal aid for professional advice wrought by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) may be seen to have increased the opportunities – and workload – for volunteers and charities. Indeed, there are reports that the government intends to fill the gap regarding divorce by setting up law centres run by students. However, the cuts, often portrayed as affecting “fat cat” lawyers, can harm charitable and volunteer services as can be seen through the example of Citizens Advice Bureaux up and down the country.’

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Halsbury’s Law Exhchange, 15th July 2014


Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

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Employment Law Blog, 15th July 2014


Recent Statutory Instruments –

Posted July 17th, 2014 in legislation by tracey

The Education (National Curriculum)(Attainment Targets and Programmes of Study)(England)(Amendment) Order 2014

The National Curriculum (Exceptions for First, Second, Third and Fourth Key Stages) (England) (Amendment) Regulations 2014

The Food Information Regulations 2014

The Business Rate Supplements Act 2009 (Commencement No.2) (England) Order 2014

The Immigration (Designation of Travel Bans) (Amendment) Order 2014

The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014

The Housing Renewal Grants (Amendment) (England) Regulations 2014


Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening) – WLR Daily

Posted July 17th, 2014 in civil justice, law reports, legal aid, regulations, ultra vires by tracey

Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening); [2014] EWHC 2365 (Admin); [2014] WLR (D) 316

‘The proposed statutory instrument, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, amending Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by introducing a residence test, was unlawful as it was ultra vires and discriminatory.’

WLR Daily, 15th July 2014


FHR European Ventures LLP and others v Cedar Capital Partners LLC – WLR Daily

Posted July 17th, 2014 in agency, appeals, fiduciary duty, law reports, Supreme Court by tracey

FHR European Ventures LLP and others v Cedar Capital Partners LLC; [2014] UKSC ; [2014] WLR (D) 317

‘Where an agent obtained a benefit, including a bribe or a secret commission, which was, or resulted from, a breach of his fiduciary duty to his principal, he held the benefit on trust for his principal.’

WLR Daily, 16th July 2014


Yiacoub v The Queen – WLR Daily

Posted July 17th, 2014 in appeals, bias, judges, law reports, Privy Council by tracey

Yiacoub v The Queen; [2014] UKPC 22; [2014] WLR (D) 314

‘Justice was not seen to be done when a judge who had sat on the original trial was responsible for overseeing the constitution of the panel of judges which formed the court which heard the appeal.’

WLR Daily, 10th July 2014


BAILII: Recent Decisions

Posted July 17th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd & Ors [2014] EWCA Civ 958 (16 July 2014)

Premier Telecom Communications Group Ltd & Anor v Webb [2014] EWCA Civ 994 (16 July 2014)

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

High Court (Administrative Court)

The Professional Standards Authority v The General Chiropractic Council & Anor [2014] EWHC 2190 (Admin) (16 July 2014)

High Court (Chancery Division)

Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch) (16 July 2014)

High Court (Patents Court)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

High Court (Queen’s Bench Division)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)


Criminal bar takes QASA challenge to appeal court – Law Society’s Gazette

Posted July 17th, 2014 in appeals, barristers, news, quality assurance by tracey

‘The criminal bar has begun the next stage of its challenge to the introduction of the controversial Quality Assurance Scheme for Advocates (QASA).’

Full story

Law Society’s Gazette, 16th July 2014


Hairdresser Hollie Gazzard murder: Ex-boyfriend jailed for life – BBC News

Posted July 17th, 2014 in domestic violence, murder, news, police, professional conduct, sentencing by tracey

‘A man who stabbed his ex-girlfriend to death at the hairdressers where she worked has been jailed for life.’

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BBC News, 16th July 2014


Manchester Airport tyre blast: Lufthansa and Storm Aviation pay damages – BBC News

Posted July 17th, 2014 in accidents, aircraft, compensation, news, personal injuries by tracey

‘An engineer who lost an arm and a leg when a tyre on an aircraft exploded at Manchester Airport has been awarded about £600,000 in damages.’

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BBC News, 16th July 2014


Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Daily Telegraph

Posted July 17th, 2014 in consumer credit, debts, documents, news by tracey

‘ When Harry Moore was taken to court over spiralling credit card debts, he faced losing both his home and business. Mr Moore, 43, had built up a balance of more than £13,000 on an MBNA credit card, and had failed to meet repayments. His debts were passed from MBNA to a debt recovery agency, Hillesden Securities, which in November 2013 took him to court. But the case was thrown out – because the orginal agreement was “impossible to read”.’

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Daily Telegraph, 16th July 2014


19,000 more parents in child cases with no lawyer – BBC News

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

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BBC News, 16th July 2014


Police fear being overwhelmed as 660 suspects are arrested over paedophilia – The Guardian

Posted July 17th, 2014 in child abuse, indecent photographs of children, internet, news, police by tracey

‘Britain’s senior police officers said they were at risk of being overwhelmed by an unprecedented number of child abuse investigations after the arrest of 660 suspected paedophiles.’

Full story

The Guardian, 16th July 2014