Month: May 2015

Mother paraded as “intimidated martyr” to cheat gay couple of surrogacy arrangement – Family Court – UK Human Rights Blog

Posted May 12th, 2015 in agreements, homosexuality, news, surrogacy by tracey

‘H & S (Surrogacy Arrangement) EWFC 36, 30 April 2015. M, a fifteen month old girl, was born as the result of artificial or assisted conception and of a highly contested agreement between S (the mother, a Romanian national) and H (the father, of Hungarian extraction) and B (the second applicant and H’s partner who had moved to the UK in 2004).’

Full story

UK Human Rights Blog, 11th May 2015

Source: www.ukhumanrightsblog.com

“Fundamental dishonesty” and striking out in personal injury cases: ten key procedural points – Zenith PI

Posted May 12th, 2015 in news, personal injuries, striking out by tracey

‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’

Full story

Zenith PI, 9th May 2015

Source: www.zenithpi.wordpress.com

Judge asks: Where are all the applications to vary budgets? – Litigation Futures

Posted May 12th, 2015 in budgets, case management, judges, news by tracey

‘A leading judge has expressed his “deep unease about the desert of applications” to vary costs budgets – with practitioners responding that they are positively avoiding doing so.’

Full story

Litigation Futures, 12th May 2015

Source: www.litigationfutures.com

High Court overrules Senior Costs Judge on part 36 uplift in detailed assessments – Litigation Futures

Posted May 12th, 2015 in appeals, civil procedure rules, costs, news, part 36 offers by tracey

‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’

Full story

Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

Regulator seeks new powers – Bar Standards Board

Posted May 12th, 2015 in barristers, consultations, press releases by tracey

‘The Bar Standards Board (BSB) has said that it needs new statutory powers to step into barristers’ failing chambers, companies and partnerships properly to protect the interests of clients where something has gone seriously wrong.’

Full press release

Bar Standards Board, 12th May 2015

Source: www.barstandardsboard.org.uk

Wellbeing at the Bar report – The Bar Council

Posted May 12th, 2015 in barristers, mental health, reports by tracey

‘The Wellbeing at the Bar Programme was developed to look in greater detail at the unique aspects of a barristers’ working environment and how this impacts on psychological health and wellbeing.’

Full report

The Bar Council, 11th May 2015

Source: www.barcouncil.org.uk

Stress taking its toll on barristers, survey shows – Law Society’s Gazette

Posted May 12th, 2015 in barristers, mental health, news by tracey

‘One in eight barristers are “emotionally exhausted” and more than half do not sleep properly. These are among the shocking findings of the most comprehensive survey of barristers’ wellbeing yet conducted, published by the Bar Council today.’

Full story

Law Society Gazette, 11th May 2015

Source: www.lawgazette.co.uk

“Reattribution” after MAP v MFP or “For better, for worse” – Family Law Week

Posted May 12th, 2015 in divorce, financial provision, news by tracey

‘Ella Calnan, barrister of Fourteen, considers the future prospects of claims for reattribution of expenditure in financial remedies cases.’

Full story

Family Law week, 8th May 2015

Source: www.familylawweek.co.uk

Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by tracey

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

Full story

Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

Father jailed for rape of wife and sex assault on daughter, 2 – BBC News

Posted May 12th, 2015 in news, rape, sentencing, sexual offences by tracey

‘A father has been jailed for 20 years for sexually assaulting his two-year-old daughter and raping his wife.’

Full story

BBC News, 11th May 2015

Source: www.bbc.co.uk

Brain damaged boy awarded £13m payout from Walsall Manor Hospital – BBC News

Posted May 12th, 2015 in birth, compensation, duty of care, hospitals, news by tracey

‘A boy who suffered brain damage at birth has been awarded a £13m-compensation package. The 11-year-old will always have the mind of a six-year-old after his abnormally low sugar levels were not treated, following his birth at Walsall Manor Hospital, West Midlands, in 2003.’

Full story

BBC News, 12th May 2015

Source: www.bbc.co.uk

Home secretary hardens refusal to accept EU resettlement programme – The Guardian

Posted May 12th, 2015 in EC law, immigration, news, quotas, refugees by tracey

‘The home secretary, Theresa May, has hardened Britain’s refusal to accept a mandatory European Union refugee quota system being put forward in Brussels this week in response to the Mediterranean migrant boat crisis.’

Full story

The Guardian, 11th May 2015

Source: www.guardian.co.uk

Sam Hallam: The man who spent over seven years in jail for a murder he did not commit – The Independent

Posted May 11th, 2015 in appeals, miscarriage of justice, murder, news, prisons by sally

‘Freed after a miscarriage of justice, Sam Hallam tells Jon Robins about his psychological and legal struggle.’
Full story

The Independent, 9th May 2015

Source: www.independent.co.uk

EVENT: LSE – What Has the Magna Carta Ever Done for Us?

Posted May 11th, 2015 in Forthcoming events by sally

‘What’s so great about the Magna Carta? In all the frenzy of celebration, LSE Law academics will sound a few warnings against hype.’

Date: 1st June 2015, 6.30-8.00pm

Location: Wolfson Theatre, New Academic Building

Charge: Free

More information can be found here.

SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

Posted May 11th, 2015 in families, human rights, immigration, law reports, ministers' powers and duties, proportionality, remuneration by sally

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

Sharpe v Bishop of Worcester (in his corporate capacity) – WLR Daily

Posted May 11th, 2015 in clergy, constructive dismissal, contract of employment, law reports, unfair dismissal, whistleblowers by sally

Sharpe v Bishop of Worcester (in his corporate capacity) [2015] EWCA Civ 399; [2015] WLR (D) 196

‘In determining the question of whether a person was a “worker” within the meaning of section 43K(1)(a) of the Employment Rights Act 1996, the words “terms on which he is or was engaged to do the work” required the person to have a contract with the person of whom he was said to be a “worker”.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

What is the Human Rights Act and why does Michael Gove want to scrap it? – The Independent

Posted May 11th, 2015 in human rights, news, political parties, treaties by sally

‘The Conservatives’ manifesto says the party wants to scrap the Human Rights Act. David Cameron has appointed Michael Gove, the former education secretary, to be Justice Secretary. This mean he’ll have most of the responsibility for policy over the area.’

Full story

The Independent, 11th May 2015

Source: www.independent.co.uk

Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Reynolds v CLFIS (UK) Ltd and others – WLR Daily

Posted May 11th, 2015 in age discrimination, dismissal, law reports, reasons by sally

Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197

‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk