Labour to appeal High Court ruling that new members should have right to vote in leadership election – The Independent

Posted August 9th, 2016 in appeals, elections, news, political parties by sally

”Due this decision, we are now in the absurd position that Labour HQ is wasting members’ money to prevent members having a democratic vote on the leader of their choice, which has already been firmly upheld by a High Court judgement’.’

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The Independent, 8th August 2016

Source: www.independent.co.uk

Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’

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UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

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Free Movement, 8th August 2016

Source: www.freemovement.org.uk

UK ruling shows need for businesses to make purposes of actions subject to contract clear, says expert – OUT-LAW.com

Posted August 8th, 2016 in appeals, contracts, news by sally

‘Only the “dominant purpose” of actions governed by commercial contracts will be considered by courts in dispute over what is meant by ‘the purpose’ of those actions unless businesses are more specific in the way they word those clauses, a litigation expert has said.’

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OUT-LAW.com, 5th August 2016

Source: www.out-law.com

Housing needs and household members – Nearly Legal

‘This was a judicial review of a decision by Luton Council Housing Appeals and Review Panel not to offer Mr Jones a tenancy of the property of which Mr J’s late father was the tenant, but instead offer a one bed property.’

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Nearly Legal, 7th August 2016

Source: www.nearlylegal.co.uk

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

Tyson Fury: World heavyweight champion faces UK Anti-Doping charge – BBC News

Posted August 4th, 2016 in appeals, disqualification, drug abuse, news, sport by Mark L

‘World heavyweight champion Tyson Fury has been charged with a doping offence by the UK’s anti-doping body. Ukad revealed it suspended Fury on 24 June – the day the Briton announced he was pulling out his his rematch with Wladimir Klitschko because of injury. But Fury appealed and the suspension has now been lifted until a hearing in front of the National Anti-Doping Panel (NADP) at an as yet undetermined date.’

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BBC news, 4th August 2016

Source: www.bbc.co.uk

Home Office wins Syrian refugee appeal in Court of Appeal – BBC News

Posted August 3rd, 2016 in appeals, asylum, children, EC law, news by sally

‘The Home Office has won an appeal against a landmark ruling allowing four Syrian refugees living in Calais’ so-called Jungle camp to come to Britain.’

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BBC News, 2nd August 2016

Source: www.bbc.co.uk

HIV campaigners win NHS drug battle – BBC News

Posted August 2nd, 2016 in appeals, health, HIV, local government, medicines, news by sally

‘The NHS in England has been told by the High Court it can fund a “game-changing” drug that can prevent HIV after health bosses argued it was not their responsibility.’

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BBC News, 2nd August 2016

Source: www.bbc.co.uk

Emergency Powers Compensation – Local Government Law

‘In Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 the Council exercised its emergency powers under Section 78 of the Building Act 1984 to restrict public access to Hastings Pier.’

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Local Government Law. 27th July 2016

Source: www.11kbw.com/blogs/local-government-law

High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

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The Guardian, 1st August 2016

Source: www.guardian.co.uk

Supreme Court: money owed by insolvent agent to its principal not held on constructive trust – OUT-LAW.com

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

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OUT-LAW.com, 29th July 2016

Source: www.out-law.com

Chambers urged to shape up on diversity as discrimination claims rise – Legal Futures

‘Chambers are seeing more grievances over discriminatory treatment by both employees and members, according to solicitors who advise them on dealing with their equality and diversity obligations.’

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Legal Futures, 1st August 2016

Source: www.legalfutures.co.uk

Ellie Butler murder: Father displayed ‘pattern of impulsive violence’ – BBC News

‘A man who murdered his six-year-old daughter was described as displaying a “pattern of impulsive violence” months before she died, it has been revealed.’

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BBC News, 30th July 2016

Source: www.bbc.co.uk

Trevor Gray: Wife’s battle to clear wrongly jailed detective’s name – BBC News

‘A High Court judge has said a police force was wrong not to reinstate a former detective wrongly jailed for raping a woman in 2011. Trevor Gray’s wife Alison told BBC News how her family won a five-year, £150,000 battle to clear his name.’

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BBC news, 30th July 2016

Source: www.bbc.co.uk

Victorino Chua: ‘angel turned evil’ hospital nurse fails in appeal bid – The Guardian

Posted July 29th, 2016 in appeals, murder, news, nurses by sally

‘A hospital nurse who murdered two patients and poisoned others has failed in a bid to challenge his conviction and sentence.’

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The Guardian, 28th July 2016

Source: www.guardian.co.uk

‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by sally

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

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The Independent, 27th July 2016

Source: www.independent.co.uk