Finance & Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases from January 2015.’
Family Law Week, 19th February 2015
Source: www.familylawweek.co.uk
Category: appeals
Eclipse Film Partners No 35 LPP v Revenue and Customs Commissioners – WLR Daily
‘On the proper meaning and application of “trade” in sections 5 and 863(1) of the Income Tax (Trading and Other Income) Act 2005 and section 362 (1)(b) of the Income and Corporation Taxes Act 1988 the taxpayer carried on the business of exploiting films not amounting to a trade. Accordingly, the taxpayer’s members were not entitled to tax relief in respect of interest on their borrowings.’
WLR Daily, 17th February 2015
Source: www.iclr.co.uk
Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily
‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
Zenati v Commissioner of Police of the Metropolis and another – WLR Daily
Zenati v Commissioner of Police of the Metropolis and another [2015] EWCA Civ 80; [2015] WLR (D) 74
‘The detention of a person, which was initiated and continued for the purpose of bringing that person, reasonably suspected of having committed an offence, before a court from time to time as might be necessary, was lawful, under article 5.1(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms, since by article 5.3 a person so detained was required not only to be brought before a court, but also to be tried within a reasonable time. That meant that he might be detained until trial provided that the trial took place within a reasonable time, and he was detained in accordance with article 5.1(c) until the date of trial. The persistence of reasonable suspicion was a condition for the lawfulness of continuing detention. It had to be implicit in article 5.1(c) and 5.3 that the investigating/prosecuting authorities were required to bring the relevant facts to the court’s attention as soon as possible, so that it might review the situation and order the person’s release if it were satisfied that there were no longer any grounds for the continuing detention. The article provided a right to compensation in the event of its breach in article 5.5, so that there was no compelling need to establish that such breach resulted in liability for the tort of false imprisonment.’
WLR Daily, 11th February 2015
Source: www.iclr.co.uk
Legal aid reforms: Solicitors lose duty contracts challenge – BBC News
‘Solicitors have lost a legal challenge against government plans to cut by more than half the number of duty lawyers attending magistrates’ courts and police stations in England and Wales.’
BBC News, 18th February 2015
Source: www.bbc.co.uk
Welcome relief – New Law Journal
‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’
New Law Journal, 17th February 2015
Source: www.newlawjournal.co.uk
TUPE: property manager was ‘organised grouping of employees’, Court of Appeal rules – OUT-LAW.com
‘A single employee responsible for the management of a company’s property portfolio in the Netherlands was an “organised grouping of employees”, covered by UK employment law protections when the service she provided was outsourced to another company.’
OUT-LAW.com, 17th February 2015
Source: www.out-law.com
Home Office wins £224m e-Borders appeal – BBC News
‘The Home Office has won its appeal against an order to pay £224m to a US defence firm over the cancellation of a secure borders contract.’
Full story
BBC News, 17th February 2015
Source: www.bbc.co.uk
Councillor wins procurement judicial review over £165m city centre scheme – Local Government Lawyer
‘A councillor at Winchester City Council has won a High Court judicial review challenge over the local authority’s decision to adopt an updated scheme for a £165m city centre redevelopment without conducting a procurement exercise.’
Local Government Lawyer, 13th February 2015
Source: www.localgovernmentlawyer.co.uk
Oxford Union president Ben Sullivan’s rape case decision to be reviewed – Daily Telegraph
‘Crown Prosecution Service confirms request to look again at rape allegation against Ben Sullivan is made through Victims’ Right to Review scheme.’
Daily Telegraph, 16th February 2015
Source: www.telegraph.co.uk
Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News
‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’
BBC News, 17th February 2015
Source: www.bbc.co.uk
The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale
The Supreme Court in the United Kingdom Constitution (PDF)
Lecture by Lady Hale
The Bryce Lecture, 5th February 2015
Source: www.supremecourt.uk
Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog
‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’
UK Human Rights Blog,
Source: www.ukhumanrightsblog.com
Zambrano carers and social assistance – NearlyLegal
‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’
NearlyLegal, 12th February 2015
Source: www.nearlylegal.co.uk
Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement
‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’
Free Movement, 16th February 2015
Source: www.freemovement.org.uk
Judge rules that Mr Pickles unlawfully discriminated against Gypsies and Travellers – Garden Court Chambers Blog
‘Marc Willers QC explores the recent High Court judgment in which it was found that the conduct of Eric Pickles, the Secretary of State for Communities and Local Government, constituted indirect discrimination against Romany Gypsies and Irish Travellers.’
Garden Court Chambers, 12th February 2015
Source: www.gclaw.wordpress.com
Hanley Broadheath ‘harassed’ vicar at Court of Appeal – BBC News
‘A vicar who claimed he was the victim of four years of harassment has appeared at the Court of Appeal over whether he has the right to bring an action for unfair dismissal.’
Full story
BBC News, 11th February 2015
Source: www.bbc.co.uk
DNA sample taken for criminal purposes may not be used for paternity test – UK Human Rights Blog
‘The Court of Appeal has ruled that it would not be lawful for DNA originally collected by the police to be used by a local authority for the purposes of a paternity test.’
UK Human Rights Blog, 11th February 2015
Source: www.ukhumanrightsblog.com
