Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) – WLR Daily

Posted May 11th, 2015 in EC law, fees, judicial review, law reports, licensing, sex establishments by sally

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) [2015] UKSC 25; [2015] WLR (D) 193

‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Independent Parliamentary Standards Authority v Information Commissioner and another – WLR Daily

Posted May 11th, 2015 in disclosure, expenses, freedom of information, law reports, parliament by sally

Independent Parliamentary Standards Authority v Information Commissioner and another [2015] EWCA Civ 388; [2015] WLR (D) 194

‘A journalist who, under the Freedom of Information Act 2000, requested information in three invoices submitted by Members of Parliament as expenses claims was entitled to redacted copies of the documents themselves, not merely to a transcript of information contained in those documents, because the transcripts did not provide all the information which the statutory public authority was obliged to disclose to the requester.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

University and College Union v University of Stirling – WLR Daily

University and College Union v University of Stirling [2015] UKSC 26; [2015] WLR (D) 188

‘An employee was dismissed as redundant for the purposes of an employer’s duty to consult about proposed collective redundancies if the reason for his dismissal was not something to do with him—such as something he was or something he had done—but was a reason relating to the employer, such as his need to effect business change in some respect.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Snoopers’ Charter: Theresa May’s plan to push ahead with Communications Data Bill sparks online campaign for internet freedom – The Independent

‘Online campaigners have already begun fighting Conservative plans to push ahead with the introduction of sweeping new surveillance powers in what has been dubbed the “Snoopers’ Charter”.’

Full story

The Independent, 10th May 2015

Source: www.independent.co.uk

Why human rights reform could trip up Michael Gove – The Guardian

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

‘Of all the tasks awaiting the new justice secretary – legal aid, building bridges with judges – scrapping the Human Rights Act is by far the trickiest.’
Full story

The Guardian, 11th May 2015

Source: www.guardian.co.uk

Bank Mellat’s $4bn A1P1 claim gathers pace – UK Human Rights Blog

Posted May 11th, 2015 in banking, damages, human rights, news, proportionality, terrorism by sally

‘Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations. Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.’
Full story

UK Human Rights Blog, 9th May 2015

Source: www.ukhumanrightsblog.com

Delays in Court of Protection ‘readily tolerated’ – Munby – Law Society’s Gazette

Posted May 11th, 2015 in case management, Court of Protection, delay, news by sally

‘The president of the Family Division has bemoaned what he called ‘systemic failures’ in Court of Protection procedures causing cases to take years to reach full hearing.’
Full story

Law Society’s Gazette, 8th May 2015

Source: www.lawgazette.co.uk

Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

Full story

Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

Jackson: Lawyers must say “bluntly” if claim has no prospect of success – Litigation Futures

Posted May 11th, 2015 in law firms, limitations, negligence, news, personal injuries by sally

‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
Full story

Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

Director jailed for abusing paramedic on stag do – Daily Telegraph

Posted May 11th, 2015 in assault, news, paramedics, public order, sentencing by sally

‘Court hears 33-year-old James Richardson grabbed Samantha Dalton, 36, when she found him face down and unresponsive.’

Full story

Daily Telegraph, 8th May 2015

Source: www.telegraph.co.uk

Conservative manifesto commitments on immigration, the EU and human rights – Free Movement

‘Standing at the door to No 10, David Cameron stated that he would form a majority government and implement the Conservative Party manifesto “in full”. The moderating influence of the Liberal Democrats has been extinguished. The nationalist isolationism of the Scots and the SNP renders them irrelevant in UK politics for the next five years. Meanwhile, the disaffected UKIP vote wounded Labour, not the Conservatives, piling pressure on the next Labour leader to address UKIP concerns more directly than Ed Miliband. What does all this mean for immigration law over the next five years?’

Full story

Free Movement, 8th May 2015

Source: www.freemovement.org.uk

Judge blasts warring parents for damaging young sons – Daily Telegraph

Posted May 11th, 2015 in contact orders, divorce, families, news by sally

‘Family court judge says while each parent is devoted to their sons, the boys are “the most unfortunate children” because the estranged couple are unable to contain their hatred for each other’

Full story

Daily Telegraph, 8th May 2015

Source: www.telegraph.co.uk

George Galloway launches legal challenge to his election defeat in Bradford West – The Independent

Posted May 11th, 2015 in complaints, elections, news, political parties by sally

‘Former MP George Galloway is to mount a legal challenge against his general election defeat, he has said.’

Full story

The Independent, 11th May 2015

Source: www.independent.co.uk

Michael Gove to proceed with Tories’ plans to scrap human rights act – The Guardian

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

‘Michael Gove, the new justice secretary, is to press ahead with plans to scrap the Human Rights Act which could see Britain pull out of the European convention on human rights (ECHR) if the reforms are rejected by Strasbourg.’

Full story

The Guardian, 10th May 2015

Source: www.guardian.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Millionaire businessman wins gagging order over alleged sex parties – Daily Telegraph

‘A multi-millionaire businessman has won a permanent ban on a former friend and business colleague from exposing details of alleged sex and drugs parties.’

Full story

Daily Telegraph, 7th May 2015

Source: www.telegraph.co.uk

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

Full story

NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

Full story

Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

Full story

Litigation Futures, 8th May 2015

Source: www.litigationfutures.com