06/04/2017 – Page 2 – Current Awareness

Immigration and Minimum Income Requirements – “significant hardship” caused, but still ECHR compatible – UK Human Rights Blog

Posted April 6th, 2017 in appeals, children, employment, families, human rights, immigration, news, remuneration, Supreme Court by tracey

‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’

UK Human Rights Blog, 6th April 2017

Source: www.ukhumanrightsblog.com

Former top judge sounds alarm over “flawed and rushed” discount rate consultation – Litigation Futures

Posted April 6th, 2017 in consultations, damages, judges, news, personal injuries by tracey

‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’

Litigation Futures, 6th April 2017

Source: www.litigationfutures.com

28 day pre-charge bail limit comes into force – Home Office

Posted April 6th, 2017 in bail, criminal procedure, news, time limits by tracey

‘Government introduces new pre-charge bail limit of 28 days as part of the Policing and Crime Act, which comes into effect today (Monday 3 April).’

Full press release

Home Office, 3rd April 2017

Source: www.gov.uk/home-office

Teen jailed for carrying zombie knife – Crown Prosecution Service

Posted April 6th, 2017 in offensive weapons, press releases, sentencing, threatening behaviour, young persons by tracey

‘A teenager convicted of wielding a “zombie-killer” knife has been imprisoned.’

Full press release

Crown Prosecution Service, 5th April 2017

Source: www.cps.gov.uk

A Brave New World: Partly Contesting FCA Enforcement Proceedings – Blackstone Chambers

Posted April 6th, 2017 in dispute resolution, enforcement, financial regulation, news by sally

‘Until 1 March 2017, people subject to FCA enforcement proceedings faced a binary choice: either settle or contest. That is no longer so. A key change to the FCA’s enforcement process in a recent policy statement has now taken effect: the introduction of partly contested cases. This new option will no doubt be of considerable interest to the regulated community and their legal advisers.’

Blackstone Chambers, 5th April 2017

Source: www.blackstonechambers.com

Man who shouted homophobic abuse at dog walkers gets tougher sentence – Crown Prosecution Service

Posted April 6th, 2017 in assault, community service, harassment, homosexuality, press releases, sentencing, threatening behaviour by tracey

‘A man who shouted homophobic abuse at a walker to scare him off Barnes Common and assaulted another man has been sentenced to an 18-month community order.’

Full press release

Crown Prosecution Service, 4th April 2017

Source: www.cps.gov.uk

Safeguarding in Sport – Blackstone Chambers

Posted April 6th, 2017 in child abuse, children, criminal records, news, sport, vetting by sally

‘This paper is the first in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

Blackstone Chambers, 5th April

Source: www.sportslawbulletin.org

Tribunal fees ‘barrier to justice’, rights committee says – Law Society’s Gazette

Posted April 6th, 2017 in employment tribunals, fees, human rights, news, reports, select committees, tribunals by tracey

‘Employment tribunal fees create impunity to bosses abusing human rights, parliamentarians have said, accusing the Ministry of Justice of complacency on some of the barriers faced by people seeking access to justice.’

Law Society’s Gazette, 6th April 2017

Source: www.lawgazette.co.uk

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by tracey

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

Supreme court upholds ban on term-time holidays – The Guardian

Posted April 6th, 2017 in appeals, education, fines, holidays, local government, news, parental responsibility, school children, Supreme Court by tracey

‘The ban on parents taking their children out of school for family holidays during term time has been upheld by the supreme court.’

The Guardian, 6th April 2017

Source: www.guardian.co.uk

Turley v Wandsworth LBC (Secretary of State for Communities and Local Government intervening) – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the difference in the residence requirements for statutory succession to secure tenancies between married couples (or civil partners) and unmarried couples living together as man and wife (or as civil partners) under the former s.87, Housing Act 1985, was not a breach of Art.14, European Convention of Human Rights, read with Art.8.’

Arden Chambers, 24th March 2017

Source: www.ardenchambers.com

Liverpool banned from signing academy players and fined £100,000 – The Guardian

Posted April 6th, 2017 in children, complaints, disqualification, education, fines, news, school children, sport by tracey

‘Liverpool have been fined £100,000 and banned from signing academy players from English league clubs for two years after being found guilty of tapping up a schoolboy from Stoke City.’

The Guardian, 5th April 2017

Source: www.guardian.co.uk

Sheffield CC v Oliver – Arden Chambers

Posted April 6th, 2017 in appeals, cohabitation, housing, human rights, landlord & tenant, local government, married persons, news, succession by sally

‘The Court of Appeal has held that the words “costs … incurred” in the service charge provisions in a right to buy lease were to be given a natural and not a special meaning; accordingly, the Upper Tribunal had been wrong to hold that such costs were reduced by third-party energy-saving funding received by the landlord from an energy provider in relation to a major works programme; but the Court was required to determine for itself the “fair proportion” of the costs to which the leaseholder was required to contribute, and a deduction was to be made in relation to part of the funding received which was attributable to the leaseholder’s flat.’

Arden Chambers, 4th April 2017

Source: www.ardenchambers.com

More than 100 parents per school day are being prosecuted for taking their children out of school, new figures show – Daily Telegraph

Posted April 6th, 2017 in disabled persons, education, holidays, local government, news, parental responsibility, prosecutions, school children, sentencing, statistics by tracey

‘More than a hundred parents are being prosecuted per school day for taking their children out of school without permission, new figures have revealed on the eve of the Supreme Court’s ruling on term-time holidays.’

Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Primeview Developments Ltd v Ahmed – Arden Chambers

Posted April 6th, 2017 in agreements, civil procedure rules, landlord & tenant, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that it is was not unreasonable conduct for the purposes of r.13(1)(b), Tribunal Procedure Rules, for a landlord to seek to rely on an agreement that service charges were payable, even if that agreement was subsequently determined to be void. Nor did the landlord’s failure to mediate amount to unreasonable conduct in circumstances where the prospects of a reaching an agreement were slight and the costs of mediation likely to be disproportionate. It also held that orders pursuant to s.20C, Landlord and Tenant Act 1985, should not treat participating leaseholders differently from one another on the basis of their involvement in proceedings. The focus should be on the landlord’s degree of success regardless of each individual leaseholder’s involvement.’

Arden Chambers, 3rd March 2017

Source: www.ardenchambers.com

Undercover policing inquiry ‘not sabotaged’ by Met Police – BBC News

Posted April 6th, 2017 in anonymity, disclosure, inquiries, investigatory powers, London, news, police by tracey

‘The judge chairing a public inquiry into undercover policing has dismissed claims by campaigners that the Met Police have tried to sabotage it.’

BBC News, 5th April 2017

Source: www.bbc.co.uk

Islington LBC v Dyer – Arden Chambers

Posted April 6th, 2017 in appeals, documents, local government, news, notification, repossession by sally

‘The Court of Appeal has held that a local authority had served a valid notice of possession proceedings under s.128, Housing Act 1996, notwithstanding that the information required by s.128(7) was included in a leaflet accompanying the notice rather than in the body of the notice itself.’

Arden Chambers, 22nd March 2017

Source: www.ardenchambers.com

The Supreme Court makes Indirect Discrimination simple again – 11 KBW

Posted April 6th, 2017 in age discrimination, appeals, civil servants, employment, news, race discrimination, sex discrimination, Supreme Court by sally

‘In the joined cases of Essop and Naeem ([2017] UKSC 27) the Supreme Court has taken on a daunting task: the simplification of indirect discrimination law. This is not a case note in the usual sense. We have not set out the facts, the law and then a statement of what is novel. At the hearing we tried to give the Supreme Court a new vocabulary to use as a tool for its analysis. The aim of this note is to explain that language as simply as we can. If we succeed, what we have to say will seem obvious. Those reading Lady Hale’s judgment (with which all of their Lordships agreed) will have had that experience. She has distilled, from an area of law that was submerging into great complexity, a handful of principles that dispel confusion and whch make intractable issues straightforward.’

Full story (PDF)

11 KBW, 5th April 2017

Source: www.11kbw.com

University lecturer jailed after using bitcoins to buy drugs over ‘dark web’ that led to friend’s death – Daily Telegraph

Posted April 6th, 2017 in cryptocurrencies, drug offences, internet, news, sentencing, teachers, universities by tracey

‘A university lecturer has been jailed after buying a cocktail of drugs over the “dark web” that led to the death of his friend.’

Daily Telegraph, 5th April 2017

Source: www.telegraph.co.uk

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