‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’
The Guardian, 13th October 2015
Source: www.guardian.co.uk
‘Two women who want their divorce settlements increased because they say their ex-husbands misled courts are to hear the Supreme Court’s ruling later. Alison Sharland and Varsha Gohil say the men hid the true extent of their wealth when the deals were made. The BBC’s Clive Coleman said it was the “first time in a generation” the court had examined how much a person can lie about assets before a divorce deal can be scrapped or renegotiated.’
BBC News, 14th October 2015
Source: www.bbc.co.uk
‘The accountability of MI5 and MI6 and the question of whether they are fully subject to the rule of law lie at the heart of attempts by the media to sweep away the secrecy surrounding a major terrorism trial, the lord chief justice said on Monday. In a series of remarks that disclosed publicly for the first time the role that the UK’s security and intelligence agencies played in imposing secrecy on the trial of Erol Incedal, a London law student, Lord Thomas of Cwmgiedd told the court of appeal that public confidence in the way they do their work was a key issue in the case.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’
Nearly Legal, 8th October 2015
Source: www.nearlylegal.co.uk
‘The CMA recently published its final determinations in two appeals brought by British Gas and Northern Powergrid against Ofgem’s electricity price controls for the next 8 years (decisions here and here). The appeals were the first under section 11C of the Electricity Act 1989 and the CMA’s decisions will therefore be the first port of call for any practitioners considering appeals against not only price controls but also any modifications made by Ofgem to electricity distributors’ licences.’
Competition Bulletin from Blackstone Chambers, 9th October 2015
Source: www.competitionbulletin.com
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during September 2015.’
Family Law Week, 11th October 2015
Source: www.familylawweek.co.uk
‘The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.’
Legal Futures, 8th October 2015
Source: www.legalfutures.co.uk
‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’
Law Society’s Gazette, 7th October 2015
Source: www.lawgazette.co.uk
‘This article examines the procedure under section 45 of the Arbitration Act 1996 for referring a preliminary question of law arising in arbitral proceedings to the Court. It also touches on some of the specific issues raised by the questions of law referred to the Court in Secretary of State for Defence v Turner Estate Solutions Limited [2015] EWHC 1150 (TCC).’
Hardwicke Chambers, 8th September 2015
Source: www.hardwicke.co.uk
‘A gay man has lost his appeal court bid to win his husband the same pension rights a wife would enjoy if he was in a heterosexual relationship.’
The Guardian, 6th October 2015
Source: www.guardian.co.uk
‘The question of what costs to award (if any) to a party who has failed to provide a schedule of costs troubled the High Court recently in the case of The Queen (on the application of the Solicitor’s Regulation Authority) -v- Imran [2015] EWHC 2572 (Admin).’
Zenith PI Blog, 2nd October 2015
Source: www.www.zenithpi.wordpress.com
‘The Court of Appeal in London is set to determine what pension benefits surviving civil partners are entitled to receive when their spouse dies in a landmark judgment due out on Tuesday.’
OUT-LAW.com, 5th October 2015
Source: www.out-law.com
‘Court of Appeal says immigration cases could have to bow to adoption laws which must take life-long benefits into account.’
Daily Telegraph, 5th October 2015
Source: www.telegraph.co.uk
‘A further round of court fee increases would amount to a “denial of access to justice”, the Civil Justice Council (CJC) has warned, adding its voice to the cacophony of opposition from the legal profession.’
Litigation Futures, 5th October 2015
Source: www.litigationfutures.com
‘Today, on the 1st October 2015, when we are supposed to be celebrating the brave new world of the Competition Act 1998 (“CA”) as amended by the Consumer Rights Act 2015 (“CRA”), cartelists and other competition law infringers up and down the land must be rubbing their hands in glee at the transitional provisions contained in Rule 119 of the Competition Appeal Tribunal Rules 2015 (“the 2015 CAT Rules” or the “New Rules”).’
Competition Bulletin from Blackstone Chambers, 1st October 2015
Source: www.competitionbulletin.com
‘Deport first, appeal later is part of the current strategy to cut net migration. As set out in the Immigration Bill 2015-16, the rule has been extended to all immigration appeals and judicial reviews, including where a so-called family life is involved, apart from asylum claims.’
Halsbury’s Law Exchange, 30th September 2015
Source: www.halsburyslawexchange.co.uk
‘Back in the day, One Direction enjoyed considerable success and dominated the reported charts. Without a picture in the attic, though, good fortune and good looks cannot last forever. Decline is inevitable. It can be embraced with dignity but this eludes some performers, who simply go on playing the same tired old tunes for too long, sadly. Rare is the David Bowie, able to reinvent and adapt to move with the times. One Direction chose the former course and recently went their separate ways, abandoning their vocation to spend and enjoy the fruits of their labours. It is a lesson worth heeding.’
Free Movement, 29th September 2015
Source: www.freemovement.org.uk
‘This week, Lord Justices Elias, Richards and McCombe sat in the Court of Appeal and heard the first test cases against Section 94B of the Nationality, Immigration and Asylum Act 2002. Section 94B, introduced by the Immigration Act 2014 and which came into force on 28th July 2014, provides the Home Office the power to certify human rights claims made by people liable to deportation, so they are not entitled to an appeal within the UK. Instead they are expected to bring their appeal from the country in which the Home Office propose deportation. This logic has been catchily titled “deport first, appeal later” and the Conservatives pledged in their manifesto to roll it out for all immigration appeals. Indeed, the Immigration Bill 2015, published last week on 17th September, does just that.’
Free Movement, 25th September 2015
Source: www.freemovement.org.uk
‘The Court of Appeal’s answer to this question in HCA International Limited v CMA [2015] EWCA Civ 492 was, in effect: rarely. The judgment, which contains some serious criticism of the CMA even though it won the case, illustrates just how high the threshold is before a court will insist that a remitted decision should go to a new decision-maker. It is not enough for the original decision-maker to have made a mistake, however conspicuous. Rather, there needs to be a reasonable perception of unfairness or damage to public confidence in the regulatory process.’
Competition Bulletin from Blackstone Chambers, 25th September 2015
Source: www.competitionbulletin.com
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