UK Immigration: illegal working and EU reform – Halsbury’s Law Exchange

Posted June 4th, 2015 in appeals, banking, bills, deportation, employment, immigration, landlord & tenant, news by sally

‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’

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Halsbury’s Law Exchange, 3rd June 2015

Source: www.halsburyslawexchange.co.uk

Woman who had sex with 14-year-old boy is jailed – The Guardian

‘The wife of an army corporal has been sent to prison for three years for having sex with a 14-year-old boy after a suspended sentence was ruled to be too lenient.’

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The Guardian, 3rd June 2015

Source: www.guardian.co.uk

Keep Calm and Read B-S – Family Law Week

‘Cyrus Larizadeh of 4 Paper Buildings and Senate House Chambers recently spoke at the NAGALRO Conference on Re B-S, its aftermath and some of the misconceptions arising from it.’
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Family Law Week, 2nd June 2015

Source: www.familylawweek.co.uk

Children Public Law Update – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’

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Family Law Week, 28th May 2015

Source: www.familylawweek.co.uk

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily

Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] WLR (D) 224

‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily

Posted June 3rd, 2015 in appeals, EC law, interest, law reports, restitution, VAT by sally

Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) [2015] EWCA Civ 515; [2015] WLR (D) 228

‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’

WLR Daily, 21st May 2015

Source: www.iclr.co.uk

HCA International Ltd v Competition and Markets Authority – WLR Daily

Posted June 3rd, 2015 in appeals, bias, competition, law reports, tribunals by sally

HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221

‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’

WLR Daily 21st May 2015

Source: www.iclr.co.uk

Macris v Financial Conduct Authority – WLR Daily

Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219

‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’

WLR Daily, 19th May 2015

Source: www.iclr.co.uk

Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog

‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
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Zenith PI Blog, 2nd June 2015

Source: www.zenithpi.wordpress.com

‘Black Spiders’ case shows need for guidance on FOI veto powers – OUT-LAW.com

‘The UK government must give new guidance to public authorities on when government ministers can exercise powers of veto to prevent the disclosure of information under freedom of information (FOI) laws.’
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OUT-LAW.com, 2nd June 2015

Source: www.out-law.com

Fair family hearings – according to the Court of Appeal – UK Human Rights Blog

Posted June 2nd, 2015 in appeals, cross-examination, human rights, legal aid, news by sally

‘Lord Dyson for the Court of Appeal has recently reversed the decision of HHJ Bellamy (see my post here) who had ordered legal aid to help an unrepresented father in family proceedings. The conundrum was that the father wanted contact with his children aged 5 and 4, but a 17-year old step-daughter, Y, told her teacher that the father sexually abused her – which the father denied.’

Full story

UK Human Rights Blog, 31st May 2015

Source: www.ukhumanrightsblog.com

Decision on striking workers’ pay could make action less attractive, says expert, as Queen’s speech confirms new ballot rules – Out-Law.com

‘Employers may be entitled to deduct a day’s pay for strike action at the rate of 1/260th of the striking worker’s salary depending on contractual terms, the Court of Appeal has confirmed.’

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Out-Law.com, 28th May 2015

Source: www.out-law.com

The UNCRC in the Supreme Court – the impact of SG v Secretary of State for Work and Pensions – Family Law Week

Posted May 28th, 2015 in appeals, children, human rights, news, Supreme Court, treaties, United Nations by sally

‘Deirdre Fotttrell QC of 1 Garden Court Family Law Chambers considers the Supreme Court’s latest deliberations on when and how the provisions of the UN Convention on the Rights of the Child are directly enforceable in English law.’
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Family Law Week, 21st May 2015

Source: www.familylawweek.co.uk

UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

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OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

Patient consent and medical advice – Law Society’s Gazette

Posted May 27th, 2015 in appeals, birth, consent, disabled persons, medical treatment, news, Supreme Court by sally

‘On 11 March 2015, the Supreme Court unanimously agreed that Nadine Montgomery should succeed in her claim against NHS Lanarkshire following a birth complication during the delivery of her son in October 1999, which resulted in him suffering severe disabilities.’

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Law Society’s Gazette, 22nd May 2015

Source: www.lawgazette.co.uk

Je suis James: Pianist finally allowed to tell his story of sexual abuse – UK Human Rights Blog

Posted May 26th, 2015 in appeals, child abuse, children, injunctions, news, publishing, Supreme Court by sally

‘The case considered whether Mr Rhodes could be prevented from publishing his memoir on the basis that to do so would constitute the tort of intentionally causing harm. Those acting on behalf of Mr Rhodes’ son were particularly concerned about the effect upon him of learning of details of his father’s sexual abuse as a child.’
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UK Human Rights Blog, 22nd May 2015

Source: www.ukhumanrightsblog.com

Reconsideration of old human rights applications – Free Movement

Posted May 22nd, 2015 in appeals, human rights, immigration, news by sally

‘The Home Office has introduced a new policy on reconsideration of old human rights claims that were refused before 6 April 2015 with no right of appeal: Requests for reconsiderations of human rights or protection based claims refused without right of appeal before 6 April 2015. The policy is important in the very many cases where a human rights application was made by an individual or family and the application was refused with no right of appeal because no removal decision was made. Under the new appeals regime introduced by the Immigration Act 2014 from 6 April 2014, no removal decision is needed for a right of appeal, only refusal of a human rights claim.’
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Free Movement, 21st May 2015

Source: www.freemovement.co.uk

Part 36 penalties in detailed costs assessments – Zenith PI Blog

Posted May 21st, 2015 in appeals, civil procedure rules, news, part 36 offers by sally

‘This matter was an appeal from a senior cost Judge refusing to award an additional amount under CPR 36.14(3) (d) on a detailed assessment of costs. The law with which this judgement is concerned is CPR 36 as it was prior to its amendment on the 6th April 2015.’
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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Pianist James Rhodes can publish child abuse memoir – BBC News

‘A concert pianist has won a legal battle to publish an autobiographical book giving details of sexual abuse he experienced as a child.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk