Being British is one thing – proving it is another – Legal Voice

Posted April 20th, 2017 in birth, brexit, children, citizenship, EC law, freedom of movement, immigration, news by sally

‘In the wake of post-Brexit fears for the future of EU citizens in the UK, lawyers should be aware that many of these children are already British, or can become citizens by right, write Solange Valdez-Symonds and Steve Valdez-Symonds.’

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Legal Voice, 19th April 2017

Source: www.legalvoice.org.uk

Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

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UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

SRA attacks “disproportionate and unnecessary” money laundering regulations – Legal Futures

‘New anti-money laundering (AML) regulations planned by the Treasury would impose “disproportionate and unnecessary” burdens on law firms, the Solicitors Regulation Authority (SRA) has warned.’

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Legal Futures, 20th April 2017

Source: www.legalfutures.co.uk

Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

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Free Movement, 18th April 2017

Source: www.freemovement.org.uk

Gina Miller to launch tactical voting initiative against hard Brexit – The Guardian

Posted April 20th, 2017 in brexit, EC law, elections, news, parliament, political parties, treaties by sally

‘Gina Miller, the pro-EU campaigner behind a successful court challenge over article 50, is planning to launch a tactical voting initiative to support election candidates opposed to hard Brexit.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

Paid McKenzie Friends “play on uncertainty and victimhood” of separating fathers – Legal Futures

‘‘Professional’ paid McKenzie Friends associated with fathers’ rights groups (FRGs) play on their “uncertainty and sense of victimhood” to attract business, academic research has found, saying that there needed to be a code of conduct and a greater role for law school clinics in their place.’

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Legal Futures, 20th April 2017

Source: www.legalfutures.co.uk

When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

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Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

Child victims of sexual abuse in families let down by system: report – The Guardian

‘Child victims of sexual abuse within families are being let down by the system, the children’s commissioner for England has said.’

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The Guardian, 20th April 2017

Source: www.guardian.co.uk

FCA to review investment platform market – OUT-LAW.com

Posted April 20th, 2017 in banking, competition, consumer protection, financial regulation, news, reports by sally

‘The Financial Conduct Authority (FCA) will carry out an investment platforms market study in the coming year, it has announced.’

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OUT-LAW.com, 20th April 2017

Source: www.out-law.com

Taxi driver convicted of assaulting council parking attendant and colleague – Local Government Lawyer

Posted April 20th, 2017 in assault, community service, compensation, news, parking, sentencing, taxis by sally

‘A licensed taxi driver has been convicted of assaulting two members of a council’s parking team and given a community order requiring him to carry out 60 hours of unpaid work.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Prisons violence is ‘out of control’, report warns – BBC News

Posted April 20th, 2017 in news, prison officers, prisons, reports, violence by sally

‘Violence is “spiralling out of control” in UK prisons and incidents are being under-reported, according to a European watchdog.’

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BBC News, 19th April 2017

Source: www.bbc.co.uk

Judge alarmed about lack of lawyer as he jails woman for begging – The Guardian

‘A judge who sentenced a “fragile and vulnerable” woman to five-and-a-half months in jail for begging has expressed alarm that no lawyer could be found to represent her because of problems over legal aid.’

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The Guardian, 20th April 2017

Source: www.guardian.co.uk

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by sally

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

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Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

New fast-track immigration appeal rules proposed – Ministry of Justice

‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’

Full press

Ministry of Justice, 18th April 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Tribunal lays out Clyde & Co’s “glaring” failures – Legal Futures

‘The failures which led to a record fine for Clyde & Co were “particularly glaring” as it was “a large and, previously, reputable firm”, the Solicitors Disciplinary Tribunal (SDT) has declared in approving the sanction.’

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Legal Futures, 19th April 2017

Source: www.legalfutures.co.uk

Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Posted April 19th, 2017 in appeals, asylum, deportation, detention, immigration, Law Society, news, tribunals by sally

‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’

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Law Society’s Gazette, 18th April 2017

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted April 19th, 2017 in law reports by sally

Supreme Court

McCann v The State Hospitals Board for Scotland (Scotland) [2017] UKSC 31 (11 April 2017)

Nuclear Decommissioning Authority v EnergySolutions EU Ltd (now called ATK Energy EU Ltd) [2017] UKSC 34 (11 April 2017)

Revenue and Customs v The Investment Trust Companies [2017] UKSC 29 (11 April 2017)

Lowick Rose LLP v Swynson Ltd & Anor [2017] UKSC 32 (11 April 2017)

Times Newspapers Ltd & Ors v Flood & Ors [2017] UKSC 33 (11 April 2017)

SXH v The Crown Prosecution Service (CPS) [2017] UKSC 30 (11 April 2017)

High Court (Family Division)

Case K (No 2), Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 783 (Fam) (12 April 2017)

Cases Y, Z, AA, AB & AC, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 784 (Fam) (12 April 2017)

Benmusa (No 2), Re [2017] EWHC 785 (Fam) (12 April 2017)

Chai v Peng & Ors [2017] EWHC 792 (Fam) (06 April 2017)

Al-Jeffery v Al-Jeffery (Vulnerable adult; British citizen) (No.3) [2017] EWHC 774 (Fam) (05 April 2017)

C (A Child), Re (No 2) (Application for Public Interest Immunity) [2017] EWHC 692 (Fam) (31 March 2017)

B v B (Fertility Treatment: Paperwork Error) [2017] EWHC 599 (Fam) (23 March 2017)

High Court (Patents Court)

Varian Medical Systems International AG v Elekta Ltd & Anor [2017] EWHC 712 (Pat) (06 April 2017)

Unwired Planet International Ltd v Huawei Technologies Co. Ltd & Anor [2017] EWHC 711 (Pat) (05 April 2017)

High Court (Queen’s Bench Division)

Pinisetty v Manikonda & Anor [2017] EWHC 838 (QB) (13 April 2017)

RE & Ors v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) (12 April 2017)

Tradition Financial Services Ltd v Gamberoni & Ors [2017] EWHC 768 (QB) (12 April 2017)

Kirchanov & Ors v District Prosecutor’s Office, Blagoevgrad, Bulgaria & Ors [2017] EWHC QB 827 (12 April 2017)

Shaw v Leigh Day (a firm) [2017] EWHC 825 (QB) (11 April 2017)

High Court (Technology and Construction Court)

Leeds Beckett University v Travelers Insurance Company Ltd [2017] EWHC 558 (TCC) (11 April 2017)

Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC) (07 April 2017)

Source: www.bailii.org

Disguised Compliance – Or Undisguised Nonsense? – Family Law Week

Posted April 19th, 2017 in families, legal language, news, social services by sally

‘Paul Hart, barrister of 15 Winckley Square, discusses a term (and its appropriateness) which has become ubiquitous in social work statements in recent years.’

Full story

Family Law Week, 10th April 2017

Source: www.familylawweek.co.uk