Challenges to ‘austerity’ cuts – Law Society’s Gazette

‘Lincolnshire County Council has recently undergone two legal challenges to its proposals for redesigning its library service in the light of ‘increasing budgetary constraints’.’

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Law Society’s Gazette, 23rd November 2015

Source: www.lawgazette.co.uk

Malayan killings families lose UK Supreme Court appeal – BBC News

‘Relatives of 24 rubber plantation workers killed by British troops almost 70 years ago in Malaya have lost an appeal for an official investigation.’

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BBC News, 25th November 2015

Source: www.bbc.co.uk

Legal profession welcomes unbundling decision – Law Society’s Gazette

Posted November 25th, 2015 in appeals, budgets, duty of care, fees, legal aid, negligence, news, personal injuries, solicitors by sally

‘Court of Appeal ruling that solicitors may offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer has been widely welcomed by the profession. ‘

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Law Society’s Gazette, 23rd November 2015

Source: www.lawgazette.co.uk

After Cavendish Square/ParkingEye, is it more or less likely to be a penalty? – Employment Law Blog

Posted November 25th, 2015 in appeals, news, parking, penalties, Supreme Court by sally

‘Reports of the decision of the Supreme Court in the joined appeals in Cavendish Square and ParkingEye left me confused because some reckoned the decision represented a narrowing of the application of the penalty doctrine whilst others considered it had expanded the doctrine’s scope. So on a wet weekend afternoon I took hold of a copy of the Judgment – [2015] UKSC 67- and tasked myself to find out. Here is what I found.’

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Employment Law Blog, 23rd November 2015

Source: www.employment11kbw.com

Jon Venables’ prison officer admits selling stories at retrial – BBC News

Posted November 25th, 2015 in appeals, disclosure, media, misfeasance in public office, news, prison officers by sally

‘An ex-prison officer admitted selling stories to newspapers about James Bulger killer Jon Venables despite a previous conviction being quashed.’

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BBC News, 24th November 2015

Source: www.bbc.co.uk

Is it lawful to detain immigration detainees in prisons? – Free Movement

Posted November 24th, 2015 in appeals, detention, human rights, illegality, immigration, news, prisons by sally

‘The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no principle that administrative immigration detention in prison generally breaches Article 5(1) of the European Convention on Human Rights, the right to liberty. In giving judgment, though, the Master of the Rolls acknowledges that “detention in an IRC is generally more appropriate for immigrant detainees than detention in prison”.’

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Free Movement, 24th November 2015

Source: www.freemovement.org.uk

Expectations of privacy abroad – Panopticon

Posted November 24th, 2015 in appeals, children, foreign jurisdictions, injunctions, news, photography, privacy by sally

‘As all celebrities know, to get the High Court to stop paparazzi pictures of you from being published, the first thing you have to do is show you had a reasonable expectation of privacy. But what if you were snapped outside of the jurisdiction and whilst English law principles suggest that you did have such an expectation, the local law where the photographs were taken says you do not?’

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Panopticon, 23rd November 2015

Source: www.panopticonblog.com

Gayle Newland: Sex attacker who posed as man lodges new appeal – BBC News

Posted November 24th, 2015 in appeals, consent, news, sentencing, sexual offences by sally

‘A woman who was jailed after posing as a man to dupe a friend into having sex with her has lodged an appeal against her sentence.’

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BBC News, 23rd November 2015

Source: www.bbc.co.uk

Deposits, dog hairs, doors and defamation – Nearly Legal

Posted November 23rd, 2015 in animals, appeals, defamation, deposits, housing, landlord & tenant, news, privilege by sally

‘As if tenancy deposits weren’t complicated enough, now we can add libel claims to the consequences of a heated deposit dispute. It turns out that sending potentially libellous accusations to the deposit scheme adjudication service is possibly covered by qualified privilege.’

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Nearly Legal, 21st November 2015

Source: www.nearlylegal.co.uk

Possession claims by trustee in bankruptcy – Nearly Legal

‘This was an appeal arising from a claim for possession against three properties by the trustee in bankruptcy of a bankrupt landlord. The Lawtel note rather confusingly refers to it as “accelerated possession proceedings for an order for sale”, which it can’t possibly have been.’

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Nearly Legal, 22nd November 2015

Source: www.nearlylegal.co.uk

Tarmac wins Court of Appeal battle over quarry restoration and waste – Local Government Lawyer

Posted November 19th, 2015 in appeals, construction industry, EC law, news, planning, waste by sally

‘Tarmac has won a Court of Appeal battle over whether the use of waste in restoring a quarry was waste disposal or waste recovery.’

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Local Government Lawyer, 18th November 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal gives explicit backing for “valuable” unbundling – Legal Futures

‘Solicitors who offer “unbundled” legal advice to help litigants deal with challenging parts of the process provide an “invaluable” service to both the court and litigants, the Court of Appeal said yesterday.’

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Legal Futures, 18th November 2015

Source: www.legalfutures.co.uk

Gary Glitter loses sexual abuse conviction appeal – BBC News

Posted November 18th, 2015 in appeals, child abuse, media, news, sentencing, sexual offences by sally

‘Disgraced singer Gary Glitter has lost a Court of Appeal challenge against his conviction for sexually abusing three young girls.’

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BBC News, 17th November 2015

Source: www.bbc.co.uk

Teaching assistant who groomed schoolboy jailed after suspended sentence deemed too lenient – Daily Telegraph

‘A teaching assistant who had sex with a 15-year-old student has had her suspended sentence replaced with an immediate two-year jail term by the Court of Appeal.’

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Daily Telegraph, 17th November 2015

Source: www.telegraph.co.uk

Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

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No. 5 Chambers, 8th October 2015

Source: www.no5.com

Dyson considers appealing court rule against changing EU energy labelling laws – The Guardian

Posted November 12th, 2015 in appeals, consumer protection, EC law, energy, news by sally

‘Dyson is considering launching an appeal after its legal bid to change the EU energy labelling of vacuum cleaners – based on its claims that rival models were receiving misleadingly high ratings – was thrown out by a European court.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

Jack Straw and senior spy could avoid torture prosecution – The Guardian

‘The former foreign secretary Jack Straw and Sir Mark Allen, a former senior MI6 officer, could avoid prosecution over complicity in the rendition and torture of two Libyan dissidents by claiming immunity, the supreme court has been told.’

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The Guardian, 11th November 2015

Source: www.guardian.co.uk

Adoptions from Abroad: Article 8 Fails to Assist – UK Human Rights Blog

Posted November 12th, 2015 in adoption, appeals, children, families, human rights, immigration, news, tribunals by sally

‘A child (SM) who was adopted in Algeria by a French couple living in the UK was refused an application for a right of entry as a family member. Having been overturned in the Upper Tribunal, the Entry Clearance Officer (ECO) successfully appealed to the Court of Appeal. SM was not, the court held, a family member of Mr M. A keen human rights observer might think this was an apparent infringement of article 8 ECHR (the right to family life).’

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UK Human Rights Blog, 12th November 2015

Source: www.ukhumanrightsblog.com

Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week

Posted November 10th, 2015 in adoption, appeals, care orders, EC law, foreign jurisdictions, news, treaties by sally

‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’

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Family Law Week, 10th November 2015

Source: www.familylawweek.co.uk

Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

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Free Movement, 10th November 2015

Source: www.freemovement.org.uk