Prisoner votes Supreme Court decision expected – BBC News

Posted October 16th, 2013 in appeals, bills, EC law, elections, human rights, news, prisons, proportionality, Supreme Court by sally

“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”

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BBC News, 16th October 2013

Source: www.bbc.co.uk

Strike while the iron’s hot – recent developments in Tenancy Deposits, with more surely on the way – Zenith Chambers

Posted October 15th, 2013 in appeals, deposits, landlord & tenant, news, repossession by sally

“The facts of this new Court of Appeal decision – on the effect of a change in tenancy status on a landlord’s duty to protect a tenancy deposit – are deceptively simple. Its wider effects on claims to recover possession are yet to be felt.”

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Zenith Chambers, 10th October 2013

Source: www.zenithchambers.co.uk

Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

CoA rules Scrabble tile trademark to be invalid – The Lawyer

Posted October 15th, 2013 in appeals, intellectual property, news, trade marks by sally

“An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.”

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The Lawyer, 14th October 2013

Source: www.thelawyer.com

Susan May’s 20-year fight against murder conviction – BBC News

“For the past two decades Susan May says one goal has consumed her every waking thought – to clear her name and overturn her conviction for the murder of her aunt.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

Collins v Secretary of State for Communities and Local Government and another – WLR Daily

Collins v Secretary of State for Communities and Local Government and another [2013] EWCA Civ 1193; [2013] WLR (D) 376

“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Man cannot be stripped of British citizenship, rules Supreme Court – UK Human Rights Blog

Posted October 14th, 2013 in appeals, citizenship, human rights, Iraq, news, public interest, Supreme Court by sally

“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”

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UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

Judicial Window Dressing and Balance Sheets – Where is adoption post-Re B-S? – Family Law Week

Posted October 14th, 2013 in adoption, appeals, news, parental rights, social services by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the effect on adoption of the Court of Appeal’s landmark judgment in Re B-S.”

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Family Law Week, 11th October 2013

Source: www.familylawweek.co.uk

On the Tiles – the Court of Appeal’s Judgment in Spear and Others v Zynga – NIPC Law

Posted October 14th, 2013 in appeals, competition, EC law, news, trade marks by sally

“S.1 (1) of the Trade Marks Act 1994, which implements art 2 of Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, defines a trade mark as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings.’ If you are new to trade mark law or wish to be refreshed on the basics take a decko at ‘Introduction to Trade Marks’ in our IP South East blog of 9 Oct 2013.”

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NIPC Law, 13th October 2013

Source: www.nipclaw.blogspot.co.uk

The Importance of Being Earnest – NearlyLegal

“We have seen Santander having trouble in mortgage possession proceedings in Northern Ireland recently. Here is another example which could perhaps, indeed maybe should, have been avoided, if the lender had actually taken proceedings sufficiently seriously.”

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NearlyLegal, 11th October 2013

Source: www.nearlylegal.co.uk

The Supreme Court’s curious constitutional U turn over prisoner rights – UK Human Rights Blog

“Writing in his magisterial new work, Human Rights and the UK Supreme Court, Professor Brice Dickson noted that the Human Rights Act had created ‘an internationalized system of human rights protection rather than a constitutional one.’ Indeed, there had been a marked resistance on the part of the Supreme Court to use the common law to achieve the same goal of human rights protection. In Osborn v The Parole Board the Supreme Court seemed to resile from this position.”

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UK Human Rights Blog, 13th October 2013

Source: www.ukhumanrightsblog.com

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily

Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly [2013] UKSC 61; [2013] WLR (D) 374

“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

Al-Jedda v Secretary of State for the Home Department – WLR Daily

Posted October 10th, 2013 in appeals, citizenship, law reports, Supreme Court, terrorism by sally

Al-Jedda v Secretary of State for the Home Department: [2013] UKSC 62;   [2013] WLR (D)  371

“In considering whether an order depriving a person of British citizenship would make him stateless, as required by s 40(4) of the British Nationality Act 1981, as amended, the Home Secretary, and on appeal the court, had simply to identify whether the person held another nationality at the date the order was made. The section did not permit, or require, the Home Secretary to assert that the person’s failure to apply for restoration of another nationality which he would be bound to obtain, rather than the making of the deprivation order itself, made him stateless.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

 

Attempt to deprive terror suspect of British nationality is ruled illegal – The Guardian

Posted October 10th, 2013 in appeals, citizenship, news, Supreme Court, terrorism by sally

“The home secretary’s attempt to deprive a man once held as a terrorist suspect of British nationality has been ruled illegal by the supreme court.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

Artist Graham Ovenden jailed for two years for sexual abuse of children – The Guardian

“The renowned artist Graham Ovenden has been jailed for two years and three months for sexual offences against children, after the appeal court ruled that an earlier non-custodial sentence was ‘unduly lenient’.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

Deportation of foreign criminals: the new immigration rules are a “complete code” – UK Human Rights Blog

Posted October 10th, 2013 in appeals, deportation, human rights, immigration, news, regulations, tribunals by sally

“MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192. In what circumstances can a foreign criminal resist deportation on the basis of his right to family life under Article 8 of the Convention? Until 2012 this question was governed entirely by judge-made case law. Then rules 398, 399 and 399A were introduced into the Immigration Rules HC 395.”

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UK Human Rights Blog, 9th October 2013

Source: www.ukhumanrightsblog.com

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening – WLR Daily

Inuit Tapiriit Kanatami and others v European Parliament, Commission of the European Union and another intervening (Case C-583/11P); [2013] WLR (D) 370

“An action for annulment of a ‘regulatory act’ within the meaning of the fourth paragraph of article 263FEU of the FEU Treaty was available to an individual with a direct concern in an act of general application which was not a legislative act.”

WLR Daily, 3rd October 2013

Source: www.iclr.co.uk

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) – Supreme Court

Posted October 9th, 2013 in appeals, citizenship, immigration, Iraq, judicial review, law reports, Supreme Court by sally

Secretary of State for the Home Department (Appellant) v Al-Jedda (Respondent) [2013] UKSC 62 | UKSC 2012/0129 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) – Supreme Court

Osborn (FC) (Appellant) v The Parole Board (Respondent); Booth (FC) (Appellant) v The Parole Board (Respondent); In the matter of an application of James Clyde Reilly for Judicial Review (Northern Ireland) | [2013] UKSC 61 (YouTube)

Supreme Court, 9th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Criminal law – Law Society’s Gazette

Posted October 9th, 2013 in appeals, barristers, criminal justice, defence, incitement, judges, news, sentencing, terrorism by sally

“Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk