Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers

Posted December 12th, 2013 in appeals, employment tribunals, news, time limits, unfair dismissal by sally

‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’

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No. 5 Chambers, 4th December 2013

Source: www.no5.com

Susan Fricker comments on Court of Appeal judgment on jurisdictional issues – Sovereign Chambers

Posted December 12th, 2013 in appeals, care orders, jurisdiction, news by sally

‘Where the jurisdiction of the court is in issue the court should make a prompt determination of jurisdiction at or near the start of proceedings. In this case that determination of jurisdiction should have concluded with a declaration pursuant to BIIR, Article 17, that the English court had no jurisdiction other than the jurisdiction to make short term, provisional protective measures pursuant to BIIR, Article 20.’

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Sovereign Chambers, 4th December 2013

Source: www.sovereignchambers.co.uk

Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer

‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’

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Local Government Lawyer, 11th December 2013

Source: www.localgovernmentlawyer.co.uk

Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog

Posted December 12th, 2013 in appeals, delay, detention, human rights, imprisonment, news, Supreme Court, treaties by sally

‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

The Supreme Court on “prohibitively expensive” costs: Aarhus again – UK Human Rights Blog

‘This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the costs of her unsuccessful 2008 appeal to the House of Lords. And the answer, after intervening trips to the Supreme Court in 2010 and to the CJEU in 2013, is a finding by the Supreme Court that she should bear those costs.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

R (on the application of Hodkin and another) (Appellants) v Registrar General of Births, Deaths and Marriages (Respondent) – Supreme Court

Posted December 11th, 2013 in appeals, law reports, marriage, Supreme Court by sally

R (on the application of Hodkin and another) (Appellants) v Registrar General of Births, Deaths and Marriages (Respondent) [2013] UKSC 77 | UKSC 2013/0030 (YouTube)

Supreme Court, 11th December 2013

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) – Supreme Court

R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) [2013] UKSC 78 | UKSC 2012/0030 (YouTube)

Supreme Court, 11th December 2013

Source: www.youtube.com/user/UKSupremeCourt

UK set for first Scientology Church wedding after Supreme Court rules it a ‘place of worship’ – The Independent

Posted December 11th, 2013 in appeals, marriage, news, Supreme Court, taxation by sally

‘Scientologist Louisa Hodkin had brought legal action after the registrar general refused to allow her wedding service to be held at the organisation’s London chapel.’

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The Independent, 11th December 2013

Source: www.independent.co.uk

Abdullahi v Bundesasylamt – WLR Daily

Posted December 11th, 2013 in appeals, asylum, EC law, immigration, law reports by sally

Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481

‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’

WLR Daily, 10th December 2013

Source: www.iclr.co.uk

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily

Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same [2013] EWCA Civ 1587; [2013] WLR (D) 480

‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’

WLR Daily, 9th December 2013

Source: www.iclr.co.uk

What use is a Zambrano right of residence? – NearlyLegal

Posted December 11th, 2013 in Administrative Court, appeals, benefits, children, EC law, housing, immigration, news by sally

‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’

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NearlyLegal, 9th December 2013

Source: www.nearlylegal.co.uk

Supreme Court to rule on whether couple can marry at Scientologist chapel – Local Government Lawyer

Posted December 11th, 2013 in appeals, marriage, news, Supreme Court by sally

‘The Supreme Court is expected to rule tomorrow (11 December) on whether a couple can marry at a scientologist chapel.’

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Local Government Lawyer, 10th December 2013

Source: www.localgovernmentlawyer.co.uk

Gay discrimination and Christian belief: Analysis of Bull v. Hall in the Supreme Court – UK Human Rights Blog

‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land). We have already provided a summary of the facts and judgment here, and our post on the Court of Appeal ruling can be found here.’

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UK Human Rights Blog, 11th December 2013

Source: www.ukhumanrightsblog.com

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

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Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th December 2013

Source: www.out-law.com

Regina (IM (Nigeria)) v Secretary of State for the Home Department – WLR Daily

Posted December 10th, 2013 in appeals, demonstrations, detention, hospitals, law reports, medical treatment by tracey

Regina (IM (Nigeria)) v Secretary of State for the Home Department [2013] EWCA Civ 1561; [2013] WLR (D) 476

‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

In re Corey – WLR Daily

In re Corey [2013] UKSC 76;  [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph

Posted December 10th, 2013 in affidavits, appeals, insurance, news, probate by tracey

‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’

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Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

Royal Marine seeks to overturn conviction for murder – Daily Telegraph

Posted December 10th, 2013 in appeals, armed forces, mental health, murder, news, sentencing by tracey

‘Lawyers for Royal Marine convicted of murder will launch an appeal against his conviction.’

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Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

Boat race protester Trenton Oldfield wins appeal against deportation – The Guardian

Posted December 9th, 2013 in appeals, demonstrations, deportation, families, immigration, news by sally

“Trenton Oldfield, an Australian protester who leapt into the Thames to disrupt the Oxford versus Cambridge boat race, will not be sent back to Australia, an immigration judge has said.”

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The Guardian, 9th December 2013

Source: www.guardian.co.uk