“Employers seeking to make redundancies at multiple business locations could be forced to consult employees on their plans following a recent Employment Appeal Tribunal (EAT) decision, an expert has said.”
OUT-LAW.com, 3rd June 2013
Source: www.out-law.com
“Jonathan Aspinall reports from the Court of Appeal on hesitation, liability and costs.”
New Law Journal, 30th May 2013
Source: www.newlawjournal.co.uk
“The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”
Employment Law Blog, 30th May 2013
Source: www.employment11kbw.com
“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”
Family Law Week, 29th May 2013
Source: www.familylawweek.co.uk
“On 22 April 2013 the Court of Appeal upheld the decision of the Foreign and Commonwealth Office in refusing to pay for a lawyer to assist Lindsay Sandiford as she faces the death penalty for drug offences in Indonesia. Last Wednesday, they handed down the reasons for their decision.”
UK Human Rights Blog, 29th May 2013
Source: www.ukhumanrightsblog.com
“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”
BBC News, 29th May 2013
Source: www.bbc.co.uk
“The disgraced choirmaster Michael Brewer is to attempt to appeal against the length of his six-year prison sentence for indecently assaulting a former pupil.”
The Guardian, 29th May 2013
Source: www.guardian.co.uk
“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
“Three British Christians who claimed their religious rights were violated by employers were told by European judges today that they could take their rejected cases no further.”
The Independent, 28th May 2013
Source: www.independent.co.uk
“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
Laing v The Queen [2013] UKPC 14; [2013] WLR (D) 198
Although the giving of reasons for dismissing an appeal against conviction was an important part of an appellant’s entitlement to a fair hearing of the appeal, if the conviction were otherwise sound it did not have to be quashed simply because of the failure to give reasons.
WLR Daily, 14th May 2013
Source: www.iclr.co.uk
“The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership. Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types. In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of Appeal had to deal with one of these other types in Optima’s claim for possession; but in quite odd circumstances for, by the time of the hearing of the appeal, Ms Ker had accepted that the property was unaffordable for her so that she had to give up possession. What was in issue seems to have been whether she was entitled to return of some of the amounts she had paid. Patten LJ, who gave the only substantive judgment, held that she did not have such a claim and ordered possession.”
NearlyLegal, 25th May 2013
Source: www.nearlylegal.co.uk
“A judge hears a case and accepts one party’s version. That party provides a convincing closing speech (in a Word document) which the judge lifts, makes some modifications, and circulates as his judgment.”
UK Human Rights Blog, 26th May 2013
Source: www.ukhumanrightsblog.com
“A sex shop chain in Soho has won a major victory against license fees charged by Westminster City Council, in a landmark decision that the council believe could ‘open the flood gates for illegal pornography.'”
The Independent, 24th May 2013
Source: www.independent.co.uk
In re Tambrook Jersey Ltd: HSBC Bank plc v Tambrook Jersey Ltd: [2013] EWCA 576; [2013] WLR (D) 193
“The English court could ‘assist’ a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550; [2013] WLR (D) 192
“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”
WLR Daily, 22nd May 2013
Source: www.iclr.co.uk
“RE F (CHILDREN) 14 May 2013, Court of Appeal – A topical case, this, given legal aid cutbacks. It concerns the ability of unrepresented litigants to choose those to help them out as advocates in court. Not an unconstrained right, as this case demonstrates. The High Court ruled that a judge had been entitled to refuse an application for a particular person to act as a McKenzie friend despite that individual not being present in court at the time of the application. The Court of Appeal upheld that decision.”
UK Human Rights Blog, 24th May 2013
Source: www.ukhumanrightsblog.com
“Anthony White admitted fraud over mortgages, but analysis seems to show problems that senior judges failed to spot.”
The Guardian, 23rd May 2013
Source: www.guardian.co.uk
AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189
“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”
WLR Daily, 20th May 2013
Source: www.iclr.co.uk
In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187
“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”
WLR Daily, 21st May 2013
Source: www.iclr.co.uk
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