“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”
NearlyLegal, 6th November 2013
Source: www.nearlylegal.co.uk/blog/
“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”
The Guardian, 6th November 2013
Source: www.guardian.co.uk
Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419
“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”
Full story (PDF)
New Square Chambers, 31st October 2013
Source: www.newsquarechambers.co.uk
“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”
Competition Bulletin from Blackstone Chambers,
Source: www.competitionbulletin.com
“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
“The Supreme Court has given judgment in the first case to come before it under the Mental Capacity Act 2005. The sole judgment was given by Lady Hale (Deputy President of the Court), with whom Lord Neuberger, Lord Clarke, Lord Carnwath and Lord Hughes.”
UK Human Rights Blog, 3rd November 2013
Source: www.ukhumanrightsblog.com
“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”
NearlyLegal, 31st October 2013
Source: www.nearlylegal.co.uk
“TV cameras are recording Court of Appeal hearings from today. The BBC, ITN, Sky News and the Press Association are cooperating on the project, and have hired an in-court video-journalist who will recommend the most interesting cases.”
UK Human Rights Blog, 31st October 2013
Source: www.ukhumanrightsblog.com
“A man known as the ‘naked rambler’ has lost a high court challenge against a conviction for violating public order when he walked through a town centre wearing only walking boots, socks and a hat.”
The Guardian, 31st October 2013
Source: www.guardian.co.uk
Supreme Court, 30th October 2013
“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”
WLR Daily, 29th October 2013
Source: www.iclr.co.uk
“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
“Proceedings in the court of appeal are due to be televised from Thursday [31st October], casting aside decades of judicial suspicion about the impact of cameras in the courtroom.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”
BBC News, 30th October 2013
Source: www.bbc.co.uk
“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
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