Meaning of “unduly harsh” in the Immigration Rules – Free Movement

Posted November 16th, 2015 in interpretation, news, regulations, tribunals by sally

‘A dispute has arisen between different panels of the Upper Tribunal’s Immigration and Asylum Chamber. The subject is the meaning and interpretation of the words “unduly harsh” at paragraph 399 of the Immigration Rules.’

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Free Movement, 16th November 2015

Source: www.freemovement.org.uk

Charity Commission and terrorism suspect campaigners Cage in high court – The Guardian

‘The right to fund unpopular causes is at the heart of a key case heard in the high court on Wednesday, in a legal battle that pits controversial campaigners Cage against the charity regulator.’

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The Guardian, 21st October 2015

Source: www.guardian.co.uk

Supreme Court upholds evidential flexibility policy – Free Movement

Posted October 19th, 2015 in evidence, immigration, interpretation, news, regulations by sally

‘The Supreme Court has given judgment in the case of Mandalia v Secretary of State for the Home Department [2015] UKSC 59 about the interpretation and application of the Home Office’s Points Based System evidential flexibility policy. Regular followers of the blog will be familiar with this policy, which was first published here on Free Movement courtesy of Jane Heybroek. This was in 2012, despite the policy being in operation since 2009. It was later also published to the Home Office website.’

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Free Movement, 19th October 2015

Source: www.freemovement.org.uk

Listen very carefully, I shall do this only once – Nearly Legal

‘The Claimant in R (on the application of Brooks) v LB Islington [2015] EWHC 2657 (Admin) was the mother of 3 children, who applied to the local authority as homeless following her eviction from a housing association property for rent arrears on 24/3/2015. Sadly, Ms B’s adult, terminally ill, son died two days after the offer of interim accommodation that was the subject of this judicial review.’

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Nearly Legal, 27th September 2015

Source: www.nearlylegal.co.uk

Key ruling on charging for property search information out in early October – Local Government Lawyer

‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’

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Local Government Lawyer, 23rd September 2015

Source: www.localgovernmentlawyer.co.uk

Inspector misinterpreted policy allowing “reasonable expansion” of business in midlands green belt, High Court rules – OUT-LAW.com

Posted August 14th, 2015 in environmental protection, interpretation, local government, news, planning by tracey

‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’

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OUT-LAW.com, 11th August 2015

Source: www.out-law.com

Dawson-Damer and others v Taylor Wessing LLP and others – WLR Daily

Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361

‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

High Court: up to directors to prove they took ‘every step’ to minimise potential loss to creditors – OUT-LAW.com

Posted August 10th, 2015 in bankruptcy, company directors, fraud, insolvency, interpretation, liquidators, news by sally

‘It is up to the directors of an insolvent company to prove that they took “every step” to minimise the potential loss to creditors as soon as they knew that the company could not reasonably avoid liquidation, the High Court has confirmed.’

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OUT-LAW.com, 7th August 2015

Source: www.out-law.com

Exotic pet society fails in legal action against council over cancelled event – Local Government Lawyer

Posted August 5th, 2015 in animals, interpretation, judicial review, local government, news by sally

‘A district council has defeated a judicial review challenge over its decision to warn a racecourse owner of “a substantial risk of unlawful activity” taking place at a meeting of private breeders of reptiles and amphibians.’

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Local Government Lawyer, 4th August 2015

Source: www.localgovernmentlawyer.co.uk

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

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Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

“These wretchedly conceived clauses”: the Supreme Court considers the degree to which ‘commercial common sense’ can be deployed in contractual interpretation (Arnold v Britton & Ors [2015] UKSC 36) – Henderson Chambers

Posted July 27th, 2015 in interpretation, leases, news, service charges by sally

‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.

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Henderson Chambers, 16th June 2015

Source: www.hendersonchambers.co.uk

UK Supreme Court upholds HMRC’s position in gaming machine VAT case – OUT-LAW.com

Posted July 13th, 2015 in appeals, gambling, HM Revenue & Customs, interpretation, news, Supreme Court, VAT by tracey

‘The element of chance in a computerised slot machine connected to a separate random number generator (RNG) was still “provided by means of the machine” for the purposes of VAT legislation, meaning that the takings from that machine were subject to VAT, the UK’s highest court has confirmed.’

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OUT-LAW.com, 10th July 2015

Source: www.out-law.com

Rank Group plc v Revenue and Customs Comrs – WLR Daily

Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299

‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’

WLR Daily, 8th July 2015

Source: www.iclr.co.uk

Supreme Court overturns key Court of Appeal decision on ordinary residence – Local Government Lawyer

‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’

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Local Government Lawyer, 9th July 2015

Source: www.localgovernmentlawyer.co.uk

Court of Appeal clarifies the scope of numerical ranges in patent claims – OUT-LAW.com

Posted June 26th, 2015 in interpretation, news, patents by sally

‘The way numerical ranges used to limit the scope of a patent claim should be interpreted has been clarified by the Court of Appeal in London.’

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OUT-LAW.com, 25th June 2015

Source: www.out-law.com

Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

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Family Law Week, 22nd June 2015

Source: www.familylawweek.co.uk

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily

Posted June 3rd, 2015 in company law, interpretation, law reports, pensions, trusts by sally

Granada Group Ltd v The Law Debenture Pension Trust Corpn plc [2015] EWHC 1499 (Ch); [2015] WLR (D) 231

‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’

WLR Daily, 22nd May 2015

Source: www.iclr.co.uk

What amounts to a “human rights claim” generating a new right of appeal? – Free Movement

Posted April 30th, 2015 in appeals, human rights, immigration, interpretation, news, tribunals by sally

‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’

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Free Movement, 29th April 2015

Source: www.freemovement.org.uk

Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

High Court judge gives procurement litigants reprieve on claim form timescales – OUT-LAW.com

Posted April 1st, 2015 in interpretation, local government, news, public procurement, time limits by sally

‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’

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OUT-LAW.com, 27th March 2015

Source: www.out-law.com