‘The government’s Social Action, Responsibility and Heroism (SARAH) Bill, described as “very much maligned” by justice minister Lord Faulks, has survived its report stage in the Lords, with only a minor government amendment.’
Litigation Futures, 16th December 2014
Source: www.litigationfutures.com
‘Homeowners who use a domestic surveillance camera system on their properties but fail to take their neighbours’ privacy into account could face tougher rules in future, a Home Office watchdog has said.’
The Guardian, 16th December 2014
Source: www.guardian.co.uk
‘UK intellectual property laws which came into force earlier this year might serve to diminish the rights designers have in unregistered designs, according to a judge at the Intellectual Property Enterprise Court in London.’
OUT-LAW.com, 17th December 2014
Source: www.out-law.com
‘I’ve now come across two cases in which judges of the First-tier Tribunal Immigration and Asylum Chamber have imposed unwanted anonymity orders on parties without any application or notice. One case is reported here and the other can’t be reported because of, well, the anonymity order. In both cases there was media interest beforehand and the orders acts as a gagging orders, preventing the parties from discussing their case with the media, even though the cases and the identities of the appellants had already been reported. In one of the cases the appellant had a child and that provided the reason or pretext for imposing anonymity. In the other unreported case children are named in the determination but are entirely tangental to the case and could easily have not been named.’
Free Movement, 17th December 2014
Source: www.freemovement.org.uk
‘Expert will dispute lawyers have revealed that people hiding their dementia due to the stigma of mental illness is leading to a rise in the number of wills being disputed by friends and families and say that vulnerable people need more support to avoid being taken advantage of.’
Legal Futures, 16th December 2014
Source: www.legalfutures.co.uk
‘Laws which allow defendants to be convicted of murder in a ‘joint enterprise’ should be urgently reviewed, says select committee.’
Daily Telegraph, 17th December 2014
Source: www.telegraph.co.uk
‘Government due to respond to call for non-religious marriages to be enforceable in law, ending need for second, civil ceremony.’
The Guardian, 16th December 2014
Source: www.guardian.co.uk
‘A vulnerable baby died in Sunderland after being left in the care of her drug-addicted mother following multiple failures by social services, a review has found.’
The Guardian, 16th December 2014
Source: www.guardian.co.uk
‘The five-year-long Al Sweady Inquiry is expected to say serious allegations were based on lies and speculation.’
Daily Telegraph, 16th December 2014
Source: www.telegraph.co.uk
‘The introduction of EHC plans for some 16-25 year olds was one of the most important changes to SEN in the Children and Families Act 2014. Under the previous regime, a special educational needs statement could not provide for a young person to attend further education or higher education. Even if the child remained in a school setting post-16, the statement would lapse (if the local authority had not already ceased to maintain it) when the young person turned 19, although the local authority could choose to maintain it until the end of that academic year. Young people with learning difficulties and/or disabilities who were moving into further education, training or higher education received instead a learning difficulties assessment. This assessment would result in a written report of their educational and training needs and the provision required to meet them (“the LDA”). Any challenge to an LDA was by way of judicial review (as, in contrast to the position for challenges to the contents of SEN statements, there was no statutory right of appeal to the tribunal). That is all changing, with the introduction of EHC plans, which can continue until the young person reaches the age of 25, which can include further education provision (but still not higher education) and which can be appealed to the tribunal. Whilst EHC plans were introduced on 1 September 2014, there is a fairly lengthy transition period and so LDAs will be with us for a little longer yet.’
Education Law Blog, 16th December 2014
Source: www.education11kbw.com
‘Sir James Munby seeks to head off collapse in adoption placements warning that children could be put at risk by new obsession with keeping them with relatives ‘at all costs’.’
Full story
Daily Telegraph, 16th December 2014
Source: www.telegraph.co.uk
‘The widow of right-to-die campaigner Tony Nicklinson is taking his fight to the European Court of Human Rights.’
BBC News, 16th December 2014
Source: www.bbc.co.uk
‘Former Radio 1 DJ Chris Denning has been jailed for 13 years for sexually assaulting 24 boys – including one allegedly at Jimmy Savile’s house.’
The Independent, 16th December 2014
Source: www.independent.co.uk
‘The widow of Jimmy Mubenga, the Angolan man who died after being physically restrained on a deportation flight, said she was “shocked and disappointed” by the acquittal of three private security guards who were charged with his killing.’
The Guardian, 16th December 2014
Source: www.guardian.co.uk
‘An 80-year-old man has been convicted of masterminding an acid revenge attack on his teenage ex-lover.’
BBC News, 12th December 2014
Source: www.bbc.co.uk
‘The “safeguarding directions” issued by the Secretary of State for Transport, exercising statutory powers, for phase 1 of the proposed high speed rail network (“HS2”) linking London to Manchester did not fall within the scope of plans and programmes which set the framework for future development consent of projects within the meaning of articles 2(a) and 3(2) of Parliament and Council Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment.’
WLR Daily, 9th December 2014
Source: www.iclr.co.uk
Salford Estates (No 2) Ltd v Altomart Ltd [2014] EWCA Civ 157; [2014] WLR (D) 527
‘The stay provisions in section 9(1) of the Arbitration Act 1996 did not apply to a winding up petition where the ground of the petition was that the company was unable to pay its debts and what was in dispute was that issue generally or, more specifically, whether there was outstanding and due a particular debt mentioned in the petition.’
WLR Daily, 8th December 2014
Source: www.iclr.co.uk
Regina v Shahabi-Shack [2014] WLR (D) 533
‘Adaptations to an authorised firearm might render it a prohibited weapon for the purposes of section 5 of the Firearms Act 1968 if they involved breach of the conditions of the related firearms certificate.’
WLR Daily, 11th December 2014
Source: www.iclr.co.uk
‘In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.’
RPC Tax Take, 11th December 2014
Source: www.rpc.co.uk
‘Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010. The case hasn’t give us a meaningful judicial interpretation of the Bribery Act, but it does show that the SFO is prepared to use the Act and the case also serves as a further example of the risks of investing through a SIPP into an investment that seems too good to be true.’
RPC Financial Services Blog, 11th December 2014
Source: www.rpc.co.uk
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