Employment tribunal cases drop significantly, but claims that go forward tend to be more expensive, says expert – OUT-LAW.com

Posted August 1st, 2014 in employment tribunals, fees, news, statistics by sally

‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

School’s out? Peers ask Government to use summer holidays to reflect on controversial judicial review reforms – UK Human Rights Blog

Posted August 1st, 2014 in bills, costs, judicial review, news, parliament by sally

‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’

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UK Human Rights Blog, 1st August 2014

Source: www.ukhumanrightsblog.com

Top London school’s ‘serious failings’ over paedophile teacher William Vahey – Daily Telegraph

Posted August 1st, 2014 in child abuse, complaints, news, school children, sexual offences, teachers by sally

‘Southbank International, a £25,000-a-year private school failed to adequately address concerns raised internally about the 64-year old American, according to a review.’

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Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com

Posted August 1st, 2014 in appeals, housing, news, planning by sally

‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon

Posted August 1st, 2014 in closed material, evidence, freedom of information, news, tribunals by sally

‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’

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Panopticon, 30th July 2014

Source: www.panopticonblog.com

Barrister led ABS: too much to take on? – The Future of Law

Posted August 1st, 2014 in alternative business structures, barristers, legal services, news by sally

‘There is a mystique to the Bar of England and Wales, designed to present a timeless image of legal practitioners. Working in rabbit warrens around the Temple, wearing robes and a horsehair wig, and dealing with only the highest levels of legal thought, it is a façade that conceals some very radical ambitions for change.’

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The Future of Law, 31st July 2014

Source: www.futureoflaw.lexisnexis.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

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The Independent, 1st August 2014

Source: www.independent.co.uk

Section 11 FOIA and the Form of a Request – Panopticon

Posted August 1st, 2014 in electronic mail, freedom of information, news, school admissions by sally

‘In the usual end of term rush, the Court of Appeal has handed down judgment in Innes v Information Commissioner [2014] EWCA Civ 1086 on the provision in section 11 FOIA which allows a requestor to express a preference for communication by a particular means, so long as it is reasonably practicable to give effect to the preference. The issue in Innes was that Mr Innes had requested certain school admissions information and had sent a further email shortly afterwards asking for that information to be supplied to him in Excel format. The ICO, the FTT and the Upper Tribunal had all ruled against Mr Innes, in part relying on the Scottish decision of Glasgow City Council v Scottish Information Commissioner [2009] CSIH 73; [2010] SC 125.’

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Panopticon, 1st August 2014

Source: www.panopticonblog.com

President of Family Division hits out at non-compliance with court timetables – Local Government Lawyer

Posted August 1st, 2014 in case management, delay, family courts, news by sally

‘The President of the Family Division has fired another warning to parties in cases in the Family Court that they are not permitted to amend a timetable fixed by the court without the prior approval of the court.’

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Local Government Lawyer, 31st July 2014

Source: www.localgovernmentlawyer.co.uk

The new conduct and remuneration regime for bankers: “Making individual accountability a reality” – Employment Law Blog

Posted August 1st, 2014 in banking, financial regulation, news, remuneration by sally

‘On Wednesday 30 July 2014, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) released consultation papers relating to individual accountability and remuneration in the banking industry. The changes apply, broadly speaking, to banks, building societies, credit unions and the nine investment firms designated by the PRA.’

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Employment Law Blog, 30th July 2014

Source: www.employment11kbw.com

Shirtmaker Thomas Pink wins infringement case against Victoria’s Secret Pink line – Daily Telegraph

Posted August 1st, 2014 in news, trade marks by sally

Victoria’s Secret could be ordered to withdraw its Pink brand from UK stores after a High Court judge ruled that it could cause a detriment to the repute of Thomas Pink’s mark

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Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

‘Concern’ over more than fifth of prisons – BBC News

Posted August 1st, 2014 in death in custody, fugitive offenders, news, prisons, statistics, suicide by sally

‘The performance of more than a fifth of prisons in England and Wales is “of concern”, a government body has said.’

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BBC News, 31st July 2014

Source: www.bbc.co.uk

Six years for woman who texted on two phones before fatal crash – The Independent

Posted August 1st, 2014 in dangerous driving, homicide, news, sentencing, telecommunications by sally

‘A judge condemned motorists who use mobiles while driving as a “plague on society” as he jailed a woman who caused a fatal pile-up after texting and taking calls on two phones while travelling at 70mph.’

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The Independent, 31st July 2014

Source: www.independent.co.uk

No appeal over Rolf Harris sex offences sentence – BBC News

‘Rolf Harris’s sex offences sentence will not be referred to the Court of Appeal, despite 150 complaints over its “leniency”, the attorney general’s office has said.’

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BBC News, 30th July 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 30th, 2014 in legislation by sally

The School Governance (Constitution and Federations) (England) (Amendment) (No. 2) Regulations 2014

The Sulphur Content of Liquid Fuels (England and Wales) (Amendment) Regulations 2014

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2014

The Dentists Act 1984 (Medical Authorities) (No. 2) Order 2014

The Coal Industry (Superannuation Scheme Winding Up) (Revocations and Savings) Regulations 2014

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014

The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014

The Proceeds of Crime Act 2002 (External Investigations) Order 2014

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2014

The European Communities (Designation) (No. 2) Order 2014

The Venture Capital Trust (Amendment) Regulations 2014

The Education (National Curriculum)(Attainment Targets and Programmes of Study)(England)(Amendment)(No. 2) Order 2014

The Communications Act 2003 (Disclosure of Information) Order 2014

The Electoral Administration Act 2006 (Commencement No. 2) (Northern Ireland) Order 2014

The Political Donations and Regulated Transactions (Anonymous Electors) Regulations 2014

The Channel Tunnel (International Arrangements) (Amendment) Order 2014

The Public Lending Right Scheme 1982 (Commencement of Variation and Amendment) Order 2014

The African Legal Support Facility (Legal Capacities) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Iraq) Order 2014

The European Union (Definition of Treaties) (Partnership and Cooperation Agreement) (Vietnam) Order 2014

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2014

The Care Planning and Care Leavers (Amendment) Regulations 2014

Source: www.legislation.gov.uk

‘Skywalker’ signature rejected by passport officials – BBC News

Posted July 30th, 2014 in film industry, names, news, passports, trade marks by sally

‘A woman who added “Skywalker” as a middle name has been told by passport officials her signature infringes a trademark.’

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BBC News, 30th July 2014

Source: www.bbc.co.uk

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills – WLR Daily

Posted July 30th, 2014 in budgets, EC law, equality, judicial review, law reports by sally

Regina (Rotherham Borough Council and others) v Secretary of State for Business, Innovation and Skills [2014] EWCA Civ 1080; [2014] WLR (D) 338

‘Where decisions were made by a minister of state concerning matters of high level policy and economic, social and political judgment, involving the making of choices as to allocations of European Union structural funding between the four regions of the United Kingdom with the objectives, achievable in many different ways, of implementing the delivery of smart, sustainable and inclusive growth while promoting the harmonious development of the Union and reducing regional disparities, a wide margin of discretion was afforded the decision-maker, with which a court should only interfere if satisfied that the decisions were manifestly inappropriate or manifestly wrong.’

WLR Daily, 28th July 2014

Source: www.iclr.co.uk

Patel v Mirza – WLR Daily

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Ann Sherlock: Supreme Court ruling on Welsh legislation – UK Constitutional Law Association

‘On 9 July 2014, the Supreme Court delivered its unanimous ruling that the Agricultural Sector (Wales) Bill was within the legislative competence of the National Assembly for Wales.’

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UK Constitutional Law Association, 30th July 2014

Source: www.ukconstitutionallaw.org