Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Paying the price for speaking freely about FIFA – the Triesman libel proceedings – Sports Law Bulletin from Blackstone Chambers

‘The Court of Appeal will soon be delivering judgment in a high-profile clash between the head of Thailand’s football federation, Dato Worawi Makudi, and Lord Triesman, the former chairman of the FA, which raises an issue of high constitutional importance.’

Full story

Sports Law Bulletin from Blackstone Chambers, 9th December 2013

Source: www.sportslawbulletin.org

Drug courier jailed for supplying heroin to grandmother who hid stash amongst Cornish pasties – The Independent

Posted December 9th, 2013 in conspiracy, drug trafficking, news, sentencing by sally

‘A drug courier who supplied a grandmother with heroin which she hid among her supply of Cornish pasties has been jailed for three years.’

Full story

The Independent, 7th December 2013

Source: www.independent.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

Full story

Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end – Competition Bulletin from Blackstone Chambers

Posted December 9th, 2013 in appeals, competition, news, telecommunications by sally

‘The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form.’

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Competition Bulletin from Blackstone Chambers, 9th December 2013

Source: www.competitionbulletin.com

High Court judge warns of dangers of lawyers “over-specialising” – Legal Futures

Posted December 9th, 2013 in barristers, jurisdiction, legal education, legal profession, news, queen's counsel by sally

‘Specialisation in the legal profession has narrowed to the point where it is possible for a barrister to become a Queen’s Counsel without ever having cross-examined a witness, according to Mr Justice Rabinder Singh.’

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Legal Futures, 6th December 2013

Source: www.legalfutures.co.uk

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

Full story

NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

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Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

Violent rapist jailed after court of appeal quashes acquittal – The Guardian

‘A violent rapist has been jailed for life after a landmark legal ruling in which his original acquittal for the offence was quashed by the court of appeal.’

Full story

The Guardian, 7th December 2013

Source: www.guardian.co.uk

Couples should not have children until they are ready to marry, says High Court judge – The Independent

Posted December 9th, 2013 in children, cohabitation, families, judges, marriage, news, statistics, taxation by sally

‘A senior High Court judge has argued that couples should not have children until they are ready to wed.’

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The Independent, 8th December 2013

Source: www.independent.co.uk

Muslim vigilantes jailed for ‘sharia law’ attacks in London – The Guardian

Posted December 9th, 2013 in assault, harassment, intimidation, Islam, news, sentencing, threatening behaviour by sally

‘Three members of a self-styled “Muslim Patrol” vigilante group have been jailed for harassing, intimidating and assaulting people on the streets of east London while claiming they were enforcing sharia law.’

Full story

The Guardian, 6th December 2013

Source: www.guardian.co.uk

EVENT: UCL – Lunch Hour Lecture: Should we trust lawyers?

Posted December 5th, 2013 in Forthcoming events by sally

‘Public trust in lawyers is on the decline. Some of this is inevitable: Hackgate, the financial scandal and Hillsborough have all involved lawyers at pivotal moments. But are lawyers just doing their jobs in these cases or crossing ethical boundaries? An analysis of professional rules, lawyer psychology and economics suggest lawyers need to do some work to rebuild trust and behave more professionally.’

Date: 4th February 2014, 13.15-13.55pm

Location: Darwin Lecture Theatre, Darwin Building, Gower St, London WC1E 6BT

Charge: Free

More information can be found here.

EVENT: Gresham College – Criminal Minds

Posted December 5th, 2013 in Forthcoming events by sally

‘What makes a criminal? Are they born or made? How do personality, social deprivation and upbringing affect criminality? Is crime due to economic need, a failure of conscience or a need for excitement?’

Date: 21st January 2014, 6:00pm

Location: Museum of London

Charge: Free

More information can be found here.

EVENT: UCL CLP – Exploring Solutions to a Persistent Legal Problem: Conceptualising the Rights of Children in Detention

Posted December 5th, 2013 in Forthcoming events by sally

‘Children in detention are one of the most vulnerable groups in society, and their removal from the community and into the secure estate compounds the disadvantages that many of them have previously experienced. Rights can therefore take on even greater significance for this group. Over the past 15 years, children and their advocates have sought to use the law in an attempt to protect those rights and to bring about improvements in how children deprived of their liberty are treated. But there are limits to what has been achieved and the proposed changes to legal aid, judicial review and the possible repeal of the Human Rights Act are likely to present even greater hurdles for the realisation of the rights of detained children. This lecture will examine the developing law in this area and explore the extent to which the concepts of vulnerability and best interests have shaped the legal and human rights of children in custody. It will then go on to consider whether other concepts – including home, care and responsibility – could be better used in order to understand and secure the rights of children deprived of their liberty.’

Date: Thursday, January 23, 2014 at 6:00 PM

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: Birkbeck – From Civil Partnership to Same-Sex Marriage 2004-2014: An Interdisciplinary Workshop

Posted December 5th, 2013 in Forthcoming events by sally

‘The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks. For beyond their practical implications, same-sex relationship recognition, throughout the western world, has become a key site of political contestation rich in symbolic, material and cultural meanings. While fiercely opposed by many, within mainstream narratives they are often represented as a victory in a legal reform process that commenced with the decriminalisation of homosexuality. Yet, at the same time, for others they represent a problematic and ambivalent political engagement with the institution of marriage. Consequently, understood and labelled as ‘revolutionary’, ‘progressive’ and ‘conservative’ these reforms provide a space for thinking about issues that arguably affect everyone, regardless of sexual orientation or relationship status.’

Date: 17th-18th January 2014

Location: 43 Gordon Square, London WC1H 0PD

Charge: Free, registration required

More information can be found here.

EVENT: UCL CLP – In support of an English Contract Code

Posted December 5th, 2013 in Forthcoming events by sally

‘English contract law enjoys an enormous degree of rational strength, together with a practical and down-to-earth approach which is the envy of many civilian systems (and, of course, an attraction for business people for whom it exists). In doctrine and comprehensibility, however, its record is less impressive, as anyone will testify who has struggled to explain its workings in terms that make sense to a civilian audience. The aim of this lecture is to suggest that a codification of its rules from a purely English perspective would get rid of many of these difficulties, and would in addition avoid many of the problems inherent in proposals for a more or less pan-European codified contract law.’

Date: 16th January 2014, 6.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

The legal arguments behind the naming of Marine A – The Guardian

Posted December 5th, 2013 in anonymity, appeals, armed forces, courts martial, media, murder, news by sally

‘It has taken more than a year for the courts to agree that the man previously known as Marine A should be named.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Judge orders UK ban of one HTC device but stays decision on ban of another – OUT-LAW.com

Posted December 5th, 2013 in intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘An HTC mobile device will be banned from sale in the UK after Friday afternoon unless the company wins the right to appeal against the imposition of that ban on that timescale.’

Full story

OUT-LAW.com, 5th December 2013

Source: www.out-law.com

Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

Full story

BBC News, 5th December 2013

Source: www.bbc.co.uk