No human rights in EEA appeals says Upper Tribunal – Free Movement

Posted September 22nd, 2015 in appeals, EC law, human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has issued the much awaited case addressing whether human rights grounds can be argued in an EU rights of residence appeal.’

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Free Movement, 21st September 2015

Source: www.freemovement.org.uk

Tax tribunal charges would deter the poorest from getting justice, lawyers warn – The Independent

Posted September 18th, 2015 in appeals, fees, news, taxation, tribunals by sally

‘Plans to impose court fees on anyone opposing the tax office at tribunal would deter the poorest from getting justice, leading lawyers say – amid a growing outcry against an array of Government-imposed court charges.’

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The Independent, 17th September 2015

Source: www.independent.co.uk

Social encounters with barristers “no reason” for a judge’s recusal – Litigation Futures

Posted September 17th, 2015 in appeals, barristers, judges, judiciary, news, recusal by sally

‘There is no basis for seeking the recusal of a specialist judge because they may socialise with barristers that appear before them, the High Court has said.’

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Litigation Futures, 16th September 2015

Source: www.litigationfutures.com

Ched Evans must wait to see whether he can appeal against rape conviction – The Guardian

Posted September 17th, 2015 in appeals, Criminal Cases Review Commission, news, rape, sentencing by sally

‘The panel assessing Ched Evans’s latest attempt to have his rape conviction overturned have said further investigation is needed before it can announce a decision.’

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The Guardian, 16th September 2015

Source: www.guardian.co.uk

Rapist Gareth Furse has ‘excessive’ sentence cut on appeal – BBC News

Posted September 17th, 2015 in appeals, news, rape, sentencing by sally

‘A call centre worker branded a danger to society for raping a sleeping woman has had his sentence cut.’

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BBC News, 16th September 2015

Source: www.bbc.co.uk

Firoozmand v Lambeth London Borough Council – WLR Daily

Firoozmand v Lambeth London Borough Council: [2015] EWCA Civ 952; [2015] WLR (D) 374

‘A local authority offering accommodation to a homeless applicant who complained about its condition was not under a duty whenever such a complaint was made to carry out a hazard inspection and assessment before making its decision as to suitability of the accommodation offered.’

WLR Daily, 3rd September 2015

Source: www.iclr.co.uk

Barrister loses appeal against disbarment for misconduct over illness claim – Legal Futures

‘The Visitors of the Inns of Court have thrown out appeals by a barrister against three disciplinary tribunal rulings, including one which disbarred him for seeking an adjournment of his case on grounds of ill-health, although he was found acting in a trial just days later.’

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Legal Futures, 15th September 2015

Source: www.legalfutures.co.uk

Law Society in England calls for ‘radical’ employment tribunal reform – OUT-LAW.com

‘The UK employment tribunal system is in need of “radical” restructuring if it is to work fairly and efficiently for employees, employers and the broader administration of justice, according to the Law Society of England and Wales.’

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OUT-LAW.com, 14th September 2015

Source: www.out-law.com

Finance & Divorce Update September 2015 – Family Law Week

‘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 August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening) (Nos 1 and 2) – WLR Daily

Regina (Unison) v Lord Chancellor, (Equality and Human Rights Commission intervening)(Nos 1 and 2)[2015] EWCA Civ 935; [2015] WLR (D) 370

‘The Employment Tribunal and the Employment Appeal Tribunal Fees Order 2013 whereby fees were payable by a claimant or appellant on the commencement of a claim or an appeal and also in advance of the final hearing unless they were entitled to a remission on account of limited means was lawful and not discriminatory.’

WLR Daily, 26th August 2015

Source: www.iclr.co.uk

Regina v Bell – WLR Daily

Posted September 8th, 2015 in appeals, crime, human rights, law reports, sentencing by sally

Regina v Bell [2015] EWCA Crim 1426; [2015] WLR (D) 371

‘Where a defendant was convicted and sentenced to life imprisonment for an offence of manslaughter on grounds of diminished responsibility which had taken place 14 years earlier (and before the coming into force of the Criminal Justice Act 2003), article 7.1 of the Convention on Human Rights and Fundamental Freedoms did not prohibit the minimum term imposed from being a heavier penalty than the one that was applicable at the time the criminal offence was committed.’

WLR Daily, 27th August 2015

Source: www.iclr.co.uk

EAT: employee on ‘permanent’ sick leave did not transfer to new employer under TUPE – OUT-LAW.com

‘The job of a telecoms engineer on long-term sick leave with little prospect of returning to work did not transfer to a new employer as he was not “assigned” to the team when the team he worked as a part of was transferred to another service provider, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 7th September 2015

Source: www.out-law.com

July 2015 immigration update podcast – Free Movement

‘Welcome to the July 2015 edition of the Free Movement immigration update podcast. In this episode I start by talk about Sir Nicholas Winton then move on to discuss the huge delays in appeal hearing listings and some other tribunal news, cover some immigration rule issues including a brief overview of Statement of Changes HC 297 and then move onto a number of cases, including a review of Article 8 case law and some of the more interesting recent offerings from the tribunal. The material is drawn mainly from the July blog posts on Free Movement.’

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Free Movement, 7th September 2015

Source: www.freemovement.org.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Volunteer law project wins 95% of ‘fit for work’ test appeal cases – The Guardian

Posted September 3rd, 2015 in appeals, benefits, disabled persons, employment, law centres, news, social services by sally

‘Almost all of the 200 “fit for work“ test appeals undertaken by a student volunteer project have been won, providing more evidence of the unreliability of the government’s controversial work capability assessment (WCA).’
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The Guardian, 2nd September 2015

Source: www.guardian.co.uk

Employment tribunal fees challenge dismissed by UK Court of Appeal – OUT-LAW.com

Posted September 2nd, 2015 in appeals, employment, employment tribunals, fees, news, trade unions by sally

‘UNISON’s case against the government’s introduction of employment tribunal fees could be heading for the UK’s highest court after the Court of Appeal rejected the union’s legal challenge to the policy.’

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OUT-LAW.com, 28th August 2015

Source: www.out-law.com

Asset acquisitions revisited – Competition Bulletin from Blackstone Chambers

Posted September 2nd, 2015 in appeals, bankruptcy, mergers, news, transfer of undertakings by sally

‘Earlier this year, I suggested that the law on when an asset acquisition might amount to a merger was somewhat opaque. The Court of Appeal’s decision in Eurotunnel II [2015] EWCA Civ 487 has brought some additional clarity, although the messy procedural history of that case has caused its own problems.’

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Competition Bulletin from Blackstone Chambers, 1st September 2015

Source: www.competitionbulletin.com

The case of a Judge, a barrister, some bad weather and the right to that fundamental thing: A FAIR HEARING – The World of Family Law (Garden Court Chambers)

Posted August 28th, 2015 in appeals, contact orders, judges, news, setting aside by sally

‘In case you some how managed to miss it Re G is worth a revisit for all of those who know and recognise that need for a fair hearing before a fair tribunal. And of course for all of those who have seen in action just what unfairness can look like. Be bold , Re G, the idea of justice and those Court of Appeal Judges are there to help.’

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The World of Family Law (Garden Court Chambers). 27th August 2015

Source: www.gcfamily.wordpress.com

Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

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Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt