Court of appeal quashes the convictions of four victims of human trafficking and releases new guidelines to protect others – The Independent

“Victims of the ‘vile’ offence of human trafficking who become involved in crime should have their cases dealt with by the justice system with the ‘greatest sensitivity’, leading judges said today.”

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The Independent, 21st June 2013

Source: www.independent.co.uk

Vietnamese trafficking victims win appeal against convictions – BBC News

Posted June 21st, 2013 in appeals, children, news, trafficking in human beings by tracey

“Three children from Vietnam who were trafficked to the UK and forced to work for criminal gangs have had their criminal convictions quashed.”

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BBC News, 21st June 2013

Source: www.bbc.co.uk

Emptage v Financial Services Compensation Scheme Ltd – WLR Daily

Emptage v Financial Services Compensation Scheme Ltd: [2013] EWCA Civ 729; [2013] WLR (D) 242

“Where a broker had negligently advised a client to take out an interest-only mortgage and make an investment in foreign property in the expectation that the investment would pay off the entirety of the mortgage, the Financial Services Compensation Scheme Ltd was required to take into account both elements of the advice when assessing the client’s compensation for the broker’s breach of duty as a mortgage adviser under the scheme’s rules.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another – WLR Daily

Posted June 21st, 2013 in appeals, enfranchisement, landlord & tenant, law reports, leases, valuation, wills by tracey

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another: [2013] EWCA Civ 731; [2013] WLR (D) 243

“Where there were intermediate leases which subsisted between the freehold and the leases of the participating tenants and which were to be acquired by the nominee purchaser on the collective enfranchisement, and a single owner of those leases or of those leases and the freehold could realise development value by developing the property for use other than as a building containing separate flats, the hope of realising such development value had to be taken into account in fixing the price to be paid for the intermediate leases.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Judicial Review almost never possible where there is a statutory right of appeal – UK Human Rights Blog

Posted June 21st, 2013 in appeals, financial regulation, judicial review, news, reasons, tribunals by tracey

“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”

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UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

Judges to explain benefit assessment decisions – BBC News

Posted June 21st, 2013 in appeals, benefits, disabled persons, judiciary, news, social services, tribunals by tracey

“Judges in England and Scotland are being asked to explain why they believe someone is unfit to work, in a move ministers hope will improve the decision-making process on benefits.”

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BBC News, 21st June 2013

Source: www.bbc.co.uk

Supreme Court considers conditions for removing child for adoption – UK Human Rights Blog

Posted June 20th, 2013 in adoption, appeals, local government, news, parental rights, Supreme Court by sally

“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”

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UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

UK government proposes “streamlining” regulatory and competition appeals – Competition Bulletin from Blackstone Chambers

Posted June 20th, 2013 in appeals, competition, consultations, courts, news, tribunals by sally

“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”

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Competition Bulletin from Blackstone Chambers, 20th June 2013

Source: www.competitionbulletin.com

Cusack (Respondent) v London Borough of Harrow (Appellant) – Supreme Court

Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) – Supreme Court

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) [2013] UKSC 41 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) – Supreme Court

Posted June 20th, 2013 in appeals, banking, closed material, evidence, law reports, Supreme Court, terrorism by sally

Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (1); Bank Mellat (Appellant) v Her Majesty’s Treasury (Respondent) (2) UKSC 2011/0040 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily

Posted June 20th, 2013 in appeals, EC law, extradition, law reports, Privy Council, time limits, warrants by sally

French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal [2013] UKPC 16; [2013] WLR (D) 241

“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th June 2013

Source: www.iclr.co.uk

Regina v N (Z) – WLR Daily

Posted June 20th, 2013 in appeals, attempts, crime, intimidation, law reports by sally

Regina v N (Z) [2013] EWCA Crim 989 ; [2013] WLR (D) 240

“For the offence of intimidation contrary to section 51(1) of the Criminal Justice and Public Order Act 1994 to be established, it had to be proved by the prosecution that the person whom the defendant intended to intimidate was in fact intimidated.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Pathologist who botched G20 post-mortem abandons appeal against being struck off – The Independent

“The pathologist who botched the post-mortem of a man struck by a policeman at G20 protests in 2009 has abandoned his appeal against being struck off.”

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The Independent, 19th June 2013

Source: www.independent.co.uk

Supreme Court – Measures against Iranian bank unlawful, and the secret hearing ruling – UK Human Rights Blog

“Two sets of judgments today from a 9-judge Supreme Court in the Bank Mellat case. The first explains why the Court adopted a secret procedure in the absence of the Bank (i.e. a Closed Material Procedure) but added that the whole palaver in fact added nothing to their knowledge. The second concludes that financial restrictions imposed in 2009 on an Iranian Bank which effectively excluded it from the UK financial market were arbitrary and irrational and were also procedurally unfair.”

Full story

UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Iraq damages cases: Supreme Court rules families can sue – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

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BBC News, 19th June 2013

Source: www.bbc.co.uk

Iraq damages cases: Supreme Court judges to rule – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“Supreme Court judges will rule later on whether relatives of soldiers killed in Iraq can sue the government for damages under the Human Rights Act.”

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BBC News, 19th June 2013

Source: www.bbc.co.uk

Migrant domestic workers – race discrimination and post-employment victimisation – No. 5 Chambers

“Onu v Akwiwu and others, UKEAT/0283/12/RN, UKEAT/0022/12/RN raises some interesting legal issues in a context where the need for justice may lead to an extension of the concept of race discrimination.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

Watching You, Watching Me: The Admissibility of Covertly Obtained Evidence in Employment Tribunals – No. 5 Chambers

Posted June 18th, 2013 in appeals, employment tribunals, evidence, local government, news by sally

“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”

Full story

No. 5 Chambers, 6th June 2013

Source: www.no5.com

Superstrike Ltd v Rodrigues – WLR Daily

Posted June 18th, 2013 in appeals, deposits, landlord & tenant, law reports by sally

Superstrike Ltd v Rodrigues [2013] EWCA Civ 669; [2013] WLR (D) 235

“Where a tenant had paid a deposit under an assured shorthold tenancy for a fixed term which began before, but ended after, the commencement of section 213 of the Housing Act 2004, the landlord was obliged to deal with the deposit in accordance with an authorised scheme within 14 days of the coming into being of a new statutory periodic tenancy upon expiry of the fixed term; and by virtue of section 215(1) of the 2004 Act, non-compliance with that obligation precluded service by the landlord of a valid notice under section 21 of the Housing Act 1988.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk