Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

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Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

Whistleblowers – BBC Unreliable Evidence

Posted September 19th, 2013 in employment, news, whistleblowers by sally

“Clive Anderson’s guests call for new laws both to encourage employees to report criminal behaviour and malpractice in their organisations and to protect them if they blow the whistle.”

Listen

BBC Unreliable Evidence, 18th September 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B-S (Children), Re [2013] EWCA Civ 1146 (17 September 2013)

M (A Child) [2013] EWCA Civ 1131 (17 September 2013)

High Court (Queen’s Bench Division)

Tidal Energy Ltd v Bank of Scotland Plc [2013] EWHC 2780 (QB) (13 September 2013)

High Court (Administrative Court)

S, R (on the application of) v The General Teaching Council for England & Anor [2013] EWHC 2779 (Admin) (13 September 2013)

Wildie, R (on the application of) v Wakefield Metropolitan District Council & Anor [2013] EWHC 2769 (Admin) (13 September 2013)

Prothero, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2830 (Admin) (18 September 2013)

High Court (Family Division)

N v K [2013] EWHC 2774 (Fam) (11 September 2013)

High Court (Technology and Construction Court)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2722 (TCC) (03 September 2013)

High Court (Patents Court)

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

Veils and ignorance: defendant not allowed to wear niqaab when giving evidence – UK Human Rights Blog

Posted September 19th, 2013 in courts, evidence, freedom of expression, human rights, identification, Islam, news, trials, women by sally

“The ruling by HHJ Murphy in Blackfriars Crown Court this Monday that a defendant in a criminal trial should not be allowed to wear a niqaab (face veil) whilst giving her evidence has prompted calls for a public debate about the wearing of face veils in public more generally. Adam Wagner has already commented on the case here. A summary and analysis of the decision follows below.”

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UK Human Rights Blog, 18th September 2013

Source: www.ukhumanrightsblog.com

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily

Posted September 19th, 2013 in conflict of laws, damages, EC law, fraud, HM Revenue & Customs, law reports, news, VAT by sally

Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347

“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

Website’s driving test claims banned by ASA – Daily Telegraph

Posted September 19th, 2013 in advertising, driving licences, misrepresentation, news by sally

“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”

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Daily Telegraph, 18th September 2013

Source: www.telegraph.co.uk

Minister orders review of guidelines for health workers wearing full-face veils – The Guardian

Posted September 19th, 2013 in doctors, employment, freedom of expression, health, Islam, news, nurses, women by sally

“A review is being launched into health service guidelines on full-face veils to ensure that patients always have ‘appropriate face-to-face contact’, it has emerged.”

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The Guardian, 19th September 2013

Source: www.guardian.co.uk

“Follow the money” powers do not breach sex offenders’ privacy rights – UK Human Rights Blog

Posted September 19th, 2013 in news, notification, privacy, sexual offences by sally

“This was a challenge to regulations introduced in 2012 under the Sexual Offences Act 2003 which require a person on the Sex Offenders Register to provide details of bank, debit or credit card accounts held by him. The claimant sought a declaration that this particular regulation was incompatible with his right to respect for private life under Article 8 of the European Convention on Human Rights.”

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UK Human Rights Blog, 18th September 2013

Source: www.ukhumanrightsblog.com

Privatisation of probation service will ‘put public at risk’ – The Independent

Posted September 19th, 2013 in contracting out, demonstrations, news, probation by sally

“Thousands of probation workers will join nationwide protests today to claim that public safety will be jeopardised by the Government’s plans to transfer the community supervision of most former offenders to private companies.”

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The Independent, 19th September 2013

Source: www.independent.co.uk

Cash-strapped law centres turn clients away as legal aid cuts bite – The Guardian

Posted September 19th, 2013 in law centres, legal aid, news by sally

“Charitable sector faces dilemma of how to continue helping vulnerable people as funding for many cases dries up.”

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The Guardian, 18th September 2013

Source: www.guardian.com

Jade Clark moped death: Driver jailed for death and cover-up – BBC News

“A banned driver who caused the death of a 16-year-old girl in a road crash and then tried to cover up his involvement has been jailed for six years.”

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BBC News, 18th September 2013

Source: www.bbc.co.uk

Police whistleblower denied immunity from prosecution – The Guardian

Posted September 19th, 2013 in immunity, inquiries, news, official secrets act, police, whistleblowers by sally

“A former undercover police officer who blew the whistle on a covert Scotland Yard squad has been denied immunity from prosecution for potential breaches of the Official Secrets Act.”

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The Guardian, 18th September 2013

Source: www.guardian.com

Many councils still ‘inadequate’ on child protection – BBC News

Posted September 19th, 2013 in children, local government, news, social services by sally

“One-third of councils previously judged by inspectors to have child protection weaknesses are still failing to meet minimum requirements, figures show.”

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BBC News, 18th September 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 18th, 2013 in legislation by sally

The National Crime Agency (Limitation of extension to Northern Ireland) Order 2013

The Crime and Courts Act 2013 (Commencement No. 5) Order 2013

The Pensions Act 2004 (Codes of Practice) (Reporting Late Payment of Contributions) Appointed Day Order 2013

The Welfare Benefits Up-rating Act 2013 (Commencement) Order 2013

The Police Reform and Social Responsibility Act 2011 (Transitional Provision) Order 2013

The Health and Social Care Act 2012 (Consequential Amendments) (No. 2) Order 2013

The Sustainable Communities (Parish Councils) Order 2013

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2013

The Public Bodies (Merger of the Gambling Commission and the National Lottery Commission) Order 2013

Source: www.legislation.gov.uk

Paedophile loses bank rule challenge – BBC News

Posted September 18th, 2013 in appeals, banking, child abuse, disclosure, news, police, privacy, proportionality, sexual offences by sally

“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”

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BBC News, 18th September 2013

Source: www.bbc.co.uk

What is a “public authority” for the purposes of environmental information? – UK Human Rights Blog

Posted September 18th, 2013 in disclosure, EC law, freedom of information, human rights, news, utilities by sally

“In this most recent case concerning access by private individuals to environmental information held by public authorities, the AG grasps the nettlish question of what precisely a public authority is. The issue was a subject of debate because the request for information had been addressed to private companies which manage a public service relating to the environment. The question therefore was whether, even though the companies concerned are private, they may be regarded as ‘public authorities’ for the purposes of the Directive governing access to environmental information (Directive 2003/4).”

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UK Human Rights Blog, 17th September 2013

Source: www.ukhumanrightsblog.com

Change to UK collective redundancy laws “inevitable”, says expert, as Government granted leave to appeal Woolworths case – OUT-LAW.com

Posted September 18th, 2013 in appeals, consultations, EC law, employment tribunals, news, redundancy by sally

“The Government is not guaranteed a ‘favourable outcome’ in its appeal of a tribunal’s finding that consultation requirements under the collective redundancy rules were triggered when retailers made redundancies in multiple shops, an expert has said.”

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OUT-LAW.com, 17th September 2013

Source: www.out-law.com

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group

Posted September 18th, 2013 in human rights, judicial review, news, parliament, proportionality, rule of law by sally

“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”

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UK Constitutional Law Group, 17th September 2013

Source: www.ukconstitutionallaw.org