Author: sally

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

Posted May 11th, 2015 in consultations, dismissal, law reports, redundancy, trade unions, transfer of undertakings, universities by sally

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

Posted May 11th, 2015 in bills, electronic mail, internet, investigatory powers, news, political parties by sally

‘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

Posted May 11th, 2015 in ex turpi causa, illegality, joint enterprise, negligence, news, personal injuries by sally

‘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

Posted May 11th, 2015 in EC law, freedom of movement, human rights, immigration, news, political parties by sally

‘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

Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 7th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done – Family Law Week

Posted May 7th, 2015 in adoption, appeals, guardianship, news, parental rights, residence orders by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child’s family ties.’

Full story

Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

The Law and Parenthood – BBC Unreliable Evidence

Posted May 7th, 2015 in children, news, parental rights by sally

‘In the first of a news series, Clive Anderson and a panel of senior lawyers, judges and other experts discuss how the law balances the sometimes conflicting interests of parents and their children.’

Listen

BBC Unreliable Evidence, 6th May 2015

Source: www.bbc.co.uk

Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

Full story

Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Reporting Restrictions in the Criminal Courts – Courts and Tribunals Judiciary

Posted May 7th, 2015 in courts, criminal justice, female genital mutilation, media, news, reporting restrictions, tribunals, young persons by sally

‘A fourth updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, News Media Association (NMA), Society of Editors and the Media Lawyers Association. The new edition covers the new reporting restrictions applying to under 18 year olds, which came into force last month, the Female Genital Mutilation anonymity provisions which came into force this month and other changes relevant to reporting the work of the criminal courts.’

Full story

Courts and Tribunals Judiciary, 6th May 2015

Source: www.judiciary.gov.uk

BPTC fees rise as Inns of Court estimate students waste £5m on the course every year – The Lawyer

Posted May 7th, 2015 in fees, inns of court, legal education, news, universities by sally

‘Bar Professional Training Course (BPTC) fees have risen by 9 per cent in three years nationwide, while fees in the capital have been hiked by 12 per cent in the same period.’

Full story

The Lawyer, 30th April 2015

Source: www.lawyer.com