Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

Full story

Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Paedophile loses bank rule challenge – BBC News

Posted September 18th, 2013 in appeals, banking, child abuse, disclosure, news, police, privacy, proportionality, sexual offences by sally

“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”

Full story

BBC News, 18th September 2013

Source: www.bbc.co.uk

Change to UK collective redundancy laws “inevitable”, says expert, as Government granted leave to appeal Woolworths case – OUT-LAW.com

Posted September 18th, 2013 in appeals, consultations, EC law, employment tribunals, news, redundancy by sally

“The Government is not guaranteed a ‘favourable outcome’ in its appeal of a tribunal’s finding that consultation requirements under the collective redundancy rules were triggered when retailers made redundancies in multiple shops, an expert has said.”

Full story

OUT-LAW.com, 17th September 2013

Source: www.out-law.com

In the matter of A (Children) (AP) – Supreme Court

Posted September 17th, 2013 in appeals, children, jurisdiction, law reports, residence orders, Supreme Court by sally

In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)

Supreme Court, 9th September 2013

Source: www.youtube.com/user/UKSupremeCourt

Council wins appeal over job titles of attendees at law firm meeting – Local Government Lawyer

Posted September 16th, 2013 in appeals, contracting out, data protection, disclosure, local government, news, privacy by tracey

“A council has won an appeal over whether it was required – following an FOI request – to disclose the job titles of junior officers attending a meeting at a law firm to discuss a major outsourcing project.”

Full story

Local Government Lawyer, 13th September 2013

Source: www.localgovernmentlawyer.co.uk

Schlecker (trading as Firma Anton Schlecker) v Boedeker – WLR Daily

Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12);   [2013] WLR (D)  346

“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”

WLR Daily, 12th September 2013

Source: www.iclr.co.uk

Finance and Divorce September 2013 Update – Family Law Week

“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in August.”

Full story

Family Law Week, 11th September 2013

Source: www.familylawweek.co.uk

Sentencing After a Retrial – Criminal Law and Justice Weekly

Posted September 16th, 2013 in appeals, news, sentencing by tracey

“Lyndon Harris asks whether the Criminal Appeal Act 1968 should tie the court’s hands.”

Full story

Criminal Law and Justice Weekly, 14th September 2013

Source: www.www.criminallawandjustice.co.uk

Rights judges halt deportation of ‘killer monk’ – Daily Telegraph

Posted September 16th, 2013 in appeals, asylum, Bangladesh, deportation, human rights, murder, news, prisons, standards by tracey

“Ministers are facing a fresh challenge on human rights grounds to their ability to deport foreign criminals.”

Full story

Daily Telegraph, 15th September 2013

Source: www.telegraph.co.uk

Sex attacker shown mercy after plea from victim has sentence increased – Daily Telegraph

Posted September 13th, 2013 in appeals, news, offensive weapons, rape, rehabilitation, sentencing, suspended sentences, victims by tracey

“A sex attacker given a suspended jail term for a knifepoint rape after his victim said he needed ‘help not punishment’ has had his ‘unduly lenient’ sentence increased to a five years in prison.”

Full story

Daily Telegraph, 13th September 2013

Source: www.telegraph.co.uk

Vegetarian mother stopped father seeing son in case he fed him meat – Daily Telegraph

Posted September 12th, 2013 in appeals, children, contact orders, news, parental rights, vegetarianism by tracey

“A vegetarian mother who stopped her five year-old son from seeing his father because she feared he might feed him meat must let him see the child or lose custody, a judge ruled.”

Full story

Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening) – WLR Daily

Posted September 11th, 2013 in appeals, children, custody, EC law, jurisdiction, law reports by tracey

A v A and another (Children: Habitual Residence) (Reunite International Child Abduction Centre and others intervening): [2013] UKSC 60;   [2013] WLR (D)  345

“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”

WLR Daily, 9th September 2013

Source: www.iclr.co.uk

Court of Appeal laments systemic failures in family justice – UK Human Rights Blog

Posted September 10th, 2013 in appeals, children, divorce, family courts, news, parental responsibility, residence orders by tracey

“Re A (a child) [2013] EWCA Civ 1104. Appellate judges are obliged to review systemic failings in the family justice system as a whole, not just the merits of the trial judge’s determination, particularly where the process has deprived the parties of their rights to procedural fairness under Articles 6 and 8. Whilst this particular appeal was not ‘a fitting vehicle to enable a root and branch appraisal of the procedural history of this protracted case’, McFarlane LJ has taken the opportunity to give full voice to the ‘profound feeling of failure’ felt by Court on the part of the Family Justice system.”

Full story

UK Human Rights Blog, 9th September 2013

Source: www.ukhumanrightsblog.com

Specialist planning court proposed to boost UK business – Ministry of Justice

“A specialist planning court has been proposed by Justice Secretary Chris Grayling to help ensure crucial development projects no longer get mired in unnecessary legal delay.”

Full press release

Ministry of Justice, 6th September 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Criminal who burned woman’s face can stay in Britain because of his human rights – Daily Telegraph

Posted September 9th, 2013 in appeals, assault, deportation, grievous bodily harm, human rights, immigration, news by tracey

“A violent foreign criminal who burned a woman’s face with melted plastic and scalded her with boiling water has defeated a bid to deport him from Britain because of his human rights, the Telegraph can disclose.”

Full story

Daily Telegraph, 6th September 2013

Source: www.telegraph.co.uk

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by tracey

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Beghal v Director of Public Prosecutions – WLR Daily

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

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

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk