Approximate grounds – NearlyLegal
‘When a notice is served under Section 8 Housing Act 1988, how precise does the wording of the ground(s) under which possession will be sought have to be?’
NearlyLegal, 18th May 2014
Source: www.nearlylegal.co.uk
Category: appeals
Prisoners to challenge indeterminate sentences at UK supreme court – The Guardian
‘The supreme court will hear a challenge by four offenders on Monday who allege that indeterminate sentences infringe the rights of prisoners if they are unable to get on to rehabilitative courses.
The Guardian, 19th May 2014
Source: www.guardian.co.uk
Eastenders in Supreme Court: A1P1 filling in the gaps – UK Human Rights Blog
‘Not Albert Square, but it could be. The Crown Prosecution Service suspect two individuals of a massive duty/VAT fraud in their cash and carry businesses. The CPS go to the Crown Court (in the absence of the individuals) and get an order to appoint a receiver (i.e. a paid manager) to run the affairs of companies (Eastenders) in which the individuals are involved, as well as a restraint order against the individuals. Both receivership and restraint orders are set aside some months later by the Court of Appeal, on the basis that the HMRC investigator’s statements were largely “broad and unsupported assertions”. Problem: by then the receiver had run up £772,547 in fees.’
UK Human Rights Blog, 15th May 2014
Source: www.ukhumanrightsblog.com
Court of Appeal’s reversal of break clause rent decision restores certainty to landlords, says expert – OUT-LAW.com
‘Retailer Marks and Spencer (M&S) must repay over £1 million to the landlord of its former head office after the Court of Appeal ruled that it was not entitled to reclaim rent and other charges covering the period after it exercised a break clause.’
OUT-LAW.com, 15th May 2014
Source: www.out-law.com
David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian
‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’
The Guardian, 15th May 2014
Source: www.guardian.co.uk
R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court
Supreme Court, 14th May 2014
Cheshire West: liberate social policy from the influence of human rights – Halsbury’s Law Exchange
‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’
Halsbury’s Law Exchange, 13th May 2014
Source: www.halsburyslawexchange.co.uk
Mitchell reaches hire? – Hardwicke Chambers
‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’
Hardwicke Chambers, 2nd May 2014
Source: www.hardwicke.co.uk
Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph
‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
Boundary disputes: Evidence – The pitfalls and practicalities – Hardwicke Chambers
‘Boundary disputes are rarely cost effective and the courts often make orders that make them disproportionately costly for the winner as well as the loser. Two recent cases demonstrate that risk and the importance of fully exploring and considering the available and/or potential evidence as early as possible.’
Hardwicke Chambers, 7th May 2014
Source: www.hardwicke.co.uk
Sex offender brings legal challenge over electronic tag – Daily Telegraph
‘Paul Richards, a 47-year-old convicted sex offender, wins permission for new hearing in bid to have satellite tracking device removed.’
Daily Telegraph, 12th May 2014
Source: www.telegraph.co.uk
Discrimination and political membership – should we revisit Redfearn? – Halsbury’s Law Exchange
‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’
Halsbury’s Law Exchange, 12th May 2014
Source: www.halsburyslawexchange.co.uk
Giving the green light to (minor) unlawfulness – Hardwicke Chambers
‘Some big news for public bodies: it’s now alright to act unlawfully. Don’t get too excited though, there’s a catch: it’s only alright to act a little bit unlawfully. Sounds silly? I agree. But depressingly this is soon likely to be law as a result of the Criminal Justice and Courts Bill currently working its way through the House of Commons.’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
University tuition fees and discretionary leave to remain – Hardwicke Chambers
‘Recent press coverage1 has highlighted a black hole in the government’s finances concerning student debt. A mis-calculation in the number of graduates who will earn enough to repay their loans has meant that, should the number pass the 48% mark (which appears likely – it is currently at 45%, having already been raised from an initial figure of 28%) the government would have been better off keeping to the £3,000 a year tuition fees regime. Little comfort to those students subject to the £9,000 a year rate of fees, but there is another group of people who view students with access to university loans on any terms as the lucky ones: those with discretionary leave to remain (“DLR”).’
Hardwicke Chambers, 8th April 2014
Source: www.hardwicke.co.uk
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) – Supreme Court
L Batley Pet Products Limited (Appellant) v North Lanarkshire Council (Respondent) [2014] UKSC 27 (YouTube)
Supreme Court, 8th May 2014
Barnes (as former Court Appointed Receiver) (Appellant) v The Eastenders Group and another (Respondents) – Supreme Court
Supreme Court, 8th May 2014
A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) – Supreme Court
A (Respondent) v British Broadcasting Corporation (Appellant) (Scotland) [2014] UKSC 25 (YouTube)
Supreme Court, 8th May 2014
Anonymity order compatible with Convention and common law – Supreme Court – UK Human Rights Blog
‘This appeal related to whether the Scottish Courts took the correct approach to prohibit the publication of a name or other matter in connection with court proceedings under section 11 of the Contempt of Court Act 1981, and whether the court’s discretion was properly exercised in this case. The Supreme Court unanimously dismissed the appeal by the BBC.’
UK Human Rights Blog, 9th May 2014
Source: www.ukhumanrightsblog.com
Council defeats developers in High Court skirmish over neighbourhood plan – Local Government Lawyer
‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
