“The court is entitled to make an order for a witness to give evidence before the Special Immigration Appeals Commission (SIAC) in such a way that the identity of the witness and the substance of the evidence remains confidential.”
UK Human Rights Blog, 7th March 2012
Source: www.ukhumanrightsblog.com
“Government plans for saving £350m a year in legal aid expenses suffered fresh defeats in the House of Lords after peers overturned a series of cost-saving proposals.”
The Guardian, 7th March 2012
Source: www.guardian.co.uk
“Seven Algerian nationals suspected of terrorism have resisted attempts to deport them by turning the tables on the government’s support for using secret evidence in court.”
The Guardian, 7th March 2012
Source: www.guardian.co.uk
“A doctor has won his high court battle against being struck off over the MMR jab controversy.”
The Guardian, 7th March 2012
Source: www.guardian.co.uk
“Home Secretary Theresa May has lost three appeals to the Supreme Court by suspected Algerian terrorists over their deportation back to Algeria.”
BBC News, 7th March 2012
Source: www.bbc.co.uk
“After the end of national service in the early 1960s, the creation of a volunteer armed forces led to the issue of conscientious objection in Britain being largely relegated to the annals of history. However, a freedom of information request by The Independent revealed that since 1999 there have been 21 applications from members of the armed forces for discharge on the grounds of conscientious objection.”
Halsbury’s Law Exchange, 7th March 2012
Source: www.halsburyslawexchange.co.uk
Regina v Meeking [2012] WLR (D) 60
Interference with a motor vehicle contrary to section 22A(1)(b) of the Road Traffic Act 1988, included acts done while the vehicle was being driven which did not have to be external to the vehicle.
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“BT and Talk Talk have lost an appeal over controversial measures to tackle copyright infringement online.”
BBC News, 6th March 2012
Source: www.bbc.co.uk
Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59
“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”
WLR Daily, 2nd March 2012
Source: www.iclr.co.uk
“For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“Eleanor Fletcher and Juliet Chapman, barristers, of Lamb Building explore how far the Court of Appeal’s latest guidance for granting exclusionary occupation orders is consistent with its previous dicta.”
Family Law Week, 5th March 2012
Source: www.familylawweek.co.uk
Department for Education v Molyneux: [2012] EWCA Civ 193; [2012] WLR (D) 50
“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”
WLR Daily, 28th February 2012
Source: www.iclr.co.uk
“If the character of a locality had been changed as a consequence of planning permission having been granted and implemented, then the question whether particular activities in that locality constituted a nuisance should be decided against the background of its changed character. One consequence might be that otherwise offensive activities in that locality would cease to constitute a nuisance.”
WLR Daily, 27th February 2012
Source: www.iclr.co.uk
“The Court of Appeal has allowed a 584 home development in Blackpool to go ahead, dismissing an appeal against permission for the development. ”
OUT-LAW.com, 28th February 2012
Source: www.out-law.com
Edgerton v Edgerton and another: [2012] EWCA Civ 181; [2012] WLR (D) 47
“Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. If one party wished to argue that the earlier decision should not bind the parties because it had been obtained by fraud or collusion, the proper course was to apply to set aside the first judgment.”
WLR Daily, 24th February 2012
Source: www.iclr.co.uk
“The Employment Appeals Tribunal (EAT) held that in order to be considered an ‘organised grouping of employees’ under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), workers with the Eddie Stobart haulage company had to be organised according to the requirements of the client. It was not enough that, although the workers principally carried out activities on behalf of that client, they were organised according to their shifts.”
OUT-LAW.com, 27th February 2012
Source: www.out-law.com
“Libor Krejci, a property developed described as a ‘polo-playing friend of Prince Charles’ who was accused of leaving his seriously ill wife penniless and bankrupt, will be forced to give her £260,000 divorce payout, a court has ruled.”
Daily Telegraph, 27th February 2012
Source: www.telegraph.co.uk
“Protesters camping at St Paul’s Cathedral in London as part of the Occupy movement have been evicted by police after losing a Court of Appeal challenge.”
Daily Telegraph, 28th February 2012
Source: www.telegraph.co.uk
“A landmark legal case revolving around a batch of frozen pigs’ tongues could change the way food use-by dates are enforced in the country. High Court judges ruled earlier last week that a business accused of selling food past its use-by date could counter a prosecution under food labelling laws by showing the product had in fact not needed a use-by date. Consumer experts fear that this interpretation could allow retailers to sell out-of-date food. The matter is being viewed as a test case for use-by dates, and similar cases across the country are being put on hold while it is dealt with.”
The Independent, 26th February 2012
Source: www.independent.co.uk
City of London v Samede and others: [2012] EWCA Civ 160; [2012] WLR (D) 41
“While it could be appropriate for the court to take into account the general character of the views whose expression the Convention on Human Rights was being invoked to protect, namely the article 10 (freedom of expression) and article 11 (freedom of assembly) rights of demonstrators on the public highway, it was very difficult to see how those rights could ever prevail against the will of the landowner when the demonstrators were continuously and exclusively occupying public land, breaching not just the owner’s property rights and certain statutory provisions, but significantly interfering with the public and Convention rights of others, and causing other problems connected with health, nuisance and the like, especially in circumstances where the occupation had already continued for months and was likely to continue indefinitely.”
WLR Daily, 22nd February 2012
Source: www.iclr.co.uk
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