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

‘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 sally

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 sally

‘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 sally

‘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

Mba v Merton London Borough Council – WLR Daily

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina v J and others – WLR Daily

Regina v J and others [2013] EWCA Crim 2287; [2013] WLR (D) 472

‘Where an offence under section 1 of the Prevention of Corruption Act 1906 was alleged it was not necessary for the prosecution to prove, as an ingredient of the offences under that section, that the principal did not know of the payment and did not give his informed consent. It was only necessary to prove that the payment made for the prohibited purpose was made corruptly.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Paying the price for speaking freely about FIFA – the Triesman libel proceedings – Sports Law Bulletin from Blackstone Chambers

‘The Court of Appeal will soon be delivering judgment in a high-profile clash between the head of Thailand’s football federation, Dato Worawi Makudi, and Lord Triesman, the former chairman of the FA, which raises an issue of high constitutional importance.’

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Sports Law Bulletin from Blackstone Chambers, 9th December 2013

Source: www.sportslawbulletin.org

TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end – Competition Bulletin from Blackstone Chambers

Posted December 9th, 2013 in appeals, competition, news, telecommunications by sally

‘The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form.’

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Competition Bulletin from Blackstone Chambers, 9th December 2013

Source: www.competitionbulletin.com

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

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UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

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NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

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Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk

Violent rapist jailed after court of appeal quashes acquittal – The Guardian

‘A violent rapist has been jailed for life after a landmark legal ruling in which his original acquittal for the offence was quashed by the court of appeal.’

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The Guardian, 7th December 2013

Source: www.guardian.co.uk