appeals – Page 209 – Current Awareness

Supreme Court considers tests for justification under s15 Equality Act 2010 and Article 8 ECHR in a housing eviction case against a disabled tenant – Cloisters

Posted March 17th, 2015 in appeals, disability discrimination, disabled persons, equality, housing, mental health, news, repossession by sally

‘The Supreme Court handed down its decision yesterday in Akerman-Livingstone v. Aster Communities Ltd (formerly Flourish Homes Ltd) [2015] UKSC 15 in which it considered the test of justification for discrimination under section 15 of the Equality Act 2010 (the EqA) as compared with justification for Article 8 of the Convention.’

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Cloisters, 12th March 2015

Source: www.cloisters.com

Blackwood v Birmingham: Neither the Time nor the Placement – Cloisters

Posted March 17th, 2015 in appeals, employment tribunals, jurisdiction, news, nurses, sex discrimination, universities by sally

‘In Blackwood v Birmingham and Solihull Mental Health NHS Foundation Trust UKEAT/0130/14 the EAT was faced with a jurisdictional issue which is of practical importance but is somewhat bereft of appellate guidance. Since the CA is due to hear an appeal in July 2015, the decision is still in a state of flux.’

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Cloisters, 3rd February 2015

Source: www.cloisters.com

Nilon Limited v Royal Westminster Investments – Privy Council – claims involving BVI companies – 11 Stone Buildings

Posted March 17th, 2015 in appeals, choice of forum, foreign companies, jurisdiction, news, Privy Council by sally

‘The Privy Council decision in Nilon Limited v Royal Westminster Investments₁ has put the brakes on the expanding jurisdiction of the BVI Courts over claims involving BVI companies, and reiterated the need for a common sense approach to forum conveniens. Peter Head considers the decision.’

Full story (PDF)

11 Stone Buildings, February 2014

Source: www.11sb.com

The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court – 11KBW

Posted March 17th, 2015 in appeals, international law, news, state immunity, Supreme Court by sally

‘Tom Cross and Lord Collins of Mapesbury have co-authored a paper titled ‘The Law of International Custom in the Case Law of the House of Lords and the United Kingdom Supreme Court’ (2011), which is due to be published by the Council of Europe. The article discusses the status of customary international law in domestic law by reference to the leading cases.’

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11KBW, 11th March 2015

Source: www.11kbw.com

Levi and another v Bates and others – WLR Daily

Posted March 17th, 2015 in appeals, damages, harassment, law reports, victims by sally

Levi and another v Bates and others [2015] EWCA Civ 206; [2015] WLR (D) 119

‘It was not a requirement of the statutory tort of harassment under the Protection from Harassment Act 1997 that the claimant be a target of the perpetrator’s conduct.’

WLR Daily, 12th March 2015

Source: www.iclr.co.uk

In re St John the Baptist, Penshurst – WLR Daily

Posted March 17th, 2015 in appeals, ecclesiastical law, law reports, listed buildings by sally

In re St John the Baptist, Penshurst [2015] WLR (D) 115

‘Since the decision to grant a faculty for the removal of a chancel screen of artistic merit from a Grade 1 listed church had been based on an erroneous evaluation of the facts, applying the test in In re St Edburga’s, Abberton [1962] P 10, the appeal had to be allowed and the grant set aside; but, considering the matter anew, the faculty would nevertheless issue.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Posted March 17th, 2015 in appeals, compensation, drug abuse, EC law, insurance, law reports, uninsured drivers by sally

Delaney v Secretary of State for Transport [2015] EWCA Civ 172; [2015] WLR (D) 112

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport, which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau where the vehicle involved was being used in the course or furtherance of a crime, was incompatible with Council Directive 72/166/EEC, Council Directive 84/5/EEC and Council Directive 90/232/EEC.’

WLR Daily, 9th March 2015

Source: www.iclr.co.uk

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council – WLR Daily

Posted March 17th, 2015 in appeals, commons, land registration, law reports, local government, Supreme Court by sally

Regina (Newhaven Port & Properties Ltd) v East Sussex County Council [2015] UKSC 7; [2015] WLR (D) 109

‘An area of foreshore which lay within the operational land of a harbour was not registrable as a town or village green pursuant to section 15 of the Commons Act 2006 because the byelaws applicable to the harbour had impliedly authorised it use for bathing and associated recreational activities, and so such use had not been “as of right”, and in any event section 15 did not apply where the statutory purposes for which such land was held were incompatible with such registration.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

More health and safety offenders likely to appeal, says expert, as magistrates get power to issue unlimited fines – OUT-LAW.com

Posted March 17th, 2015 in appeals, fines, health & safety, news by sally

‘Companies and individuals charged with health and safety offences in England and Wales will be likely to change their tactics in the courts following last week’s removal of the cap on fines imposed by the magistrates’ courts, an expert has said.’

Full story

OUT-LAW.com, 16th March 2015

Source: www.out-law.com

BIG News In Credit Hire – The Court of Appeal rules that recoverable BHR for Claimant will be the lowest reasonable rate charged by comparable hire companies – Zenith PI Blog

Posted March 17th, 2015 in appeals, consumer credit, insurance, news, rent by sally

‘Traditionally, when assessing recoverable rates, credit hire companies have argued that where a range of comparable basic hire rates (BHR) can be shown from other companies, some of which are higher than the credit hire rate claimed, the Claimant’s credit hire rate should be awarded in full.’

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Zenith PI Blog, 16th March 2015

Source: www.zenithpi.wordpress.com

Court of Appeal gives local authority Aarhus costs protection over HS2 challenge – Local Government Lawyer

Posted March 16th, 2015 in appeals, civil procedure rules, costs, interpretation, judicial review, local government, news, practice directions, railways by sally

‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’

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Local Government Lawyer, 13th March 2015

Source: www.localgovernmentlawyer.co.uk

Richard Clayton QC: Fairness, Consultation, and the Supreme Court: There Is (Sometimes) an Alternative – UK Constitutional Law Association

Posted March 16th, 2015 in appeals, budgets, consultations, council tax, judicial review, local government, news, Supreme Court by sally

‘In the last few years Austerity Britain has generated a large number of judicial review challenges to public spending cuts, particularly against local authorities. Many cases allege that the public body has consulted unlawfully. The legal principles involved have been firmly established. However, in October 2014 the Supreme Court in R (Moseley) v Haringey LBC [2014] 1 WLR 394 added a new ingredient to the mix, and the courts are still in the process of working out the implications of that decision.’

Full story

UK Constitutional Law Association, 16th March 2015

Source: www.ukconstitutionallaw.org

Court of Appeal gives further guidance on Article 8 in immigration cases – UK Human Rights Blog

Posted March 16th, 2015 in appeals, human rights, immigration, news by sally

‘These two appeals concern the assessment of article 8 ECHR claims in immigration cases. It is an important addition to the current cases on which rules apply to applications for leave to enter or remain made before the new Immigration Rules came into force on 9 July 2012. In Singh and Khalid, the Court of Appeal clarified the answer to this question and resolved the conflicting Court of Appeal authority in Edgehill v SSHD [2014] EWCA Civ 402 and Haleemudeen v SSHD [2014] EWCA Civ 558. ‘

Full story

UK Human Rights Blog, 13th March 2015

Source: www.ukhumanrightsblog.com

Removal of clothing by police and Article 8 ECHR – Court of Appeal expresses sympathy for vulnerable position of children in custody – UK Human Rights Blog

Posted March 16th, 2015 in appeals, assault, children, codes of practice, custody, damages, human rights, news, police, privacy, restraint, young offenders by sally

‘The Court of Appeal has considered the compatibility with Article 8 ECHR of the police’s removal of a 14 year old girl’s clothing after she had been arrested and taken to a police station.’

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UK Human Rights Blog, 9th March 2015

Source: www.ukhumanrightsblog.com

Catt is put back in the bag – supreme court reverses court of appeal in police data retention case – Panopticon

Posted March 12th, 2015 in appeals, data protection, demonstrations, news, police, privacy, Supreme Court by sally

‘The Catt and T cases are both concerned with this important question: to what extent may the police lawfully retain records relating to individuals who have not in fact been arrested or charged in connection with any criminal offence. The Supreme Court has now had its say on this question – see the judgment here.’

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Panopticon, 11th March 2015

Source: www.panopticonblog.com

Supreme Court sets out approach to disability discrimination defences in evictions – Local Government Lawyer

Posted March 12th, 2015 in appeals, disability discrimination, news, repossession, Supreme Court by sally

‘A judge hearing an eviction case misdirected himself in adopting the same approach to the defence of disability discrimination as to an alleged breach of Article 8 of the European Court of Human Rights, the Supreme Court has ruled.’

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Local Government Lawyer, 11th March 2015

Source: www.localgovernmentlawyer.co.uk

Home Office asserts Jamaica safe in general despite persecution of LGBT community – Free Movement

Posted March 12th, 2015 in appeals, asylum, deportation, homosexuality, Jamaica, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court last week rejected the Home Office’s attempt to keep Jamaica on the list of safe countries for asylum claims despite an estimated 10% of the population in Jamaica being subject to persecution because they are gay. This blow to the Home Office came the same week that the case of Aderonke Apata reached court again, leading to some startling submissions on sexuality being made to the court on behalf of the Home Office.’

Full story

Free Movement, 11th March 2015

Source: www.freemovement.org.uk

The 91 year-old activist and the angry neighbours: the Supreme Court considers the limits on police retaining personal data – RPC Privacy Law

Posted March 12th, 2015 in appeals, data protection, demonstrations, news, police, Supreme Court by sally

‘In a decision handed down last week, the Supreme Court has decided that the police were entitled to retain personal data regarding a 91 year-old peace activist and a woman who got into a minor dispute with a neighbour, even though in both cases the individuals’ article 8 rights to privacy were engaged.’

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RPC Privacy Law, 9th March 2015

Source: www.rpc.co.uk

British husband and wife jailed over ‘appalling’ animal cruelty – The Guardian

Posted March 12th, 2015 in animal cruelty, appeals, imprisonment, news, sentencing by sally

‘A couple who kept more than 40 pets in squalid conditions at their home have been jailed, with the presiding magistrate describing it as the worst case of animal cruelty he had seen in 30 years.’

Full story

The Guardian, 11th March 2015

Source: www.guardian.co.uk