“Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in September.”
Family Law Week, 3rd October 2013
Source: www.familylawweek.co.uk
“As is well known, in Hirst v UK (No 2) the Grand Chamber of the European Court of Human Rights concluded that Section 3(1) of the Representation of the People Act 1983, which removed the franchise from prisoners, was a disproportionate restriction of the right to vote found in article 3 of the First Protocol to the European Convention on Human Rights. After two consultation papers, further judgments from the European Court of Human Rights, a declaration of incompatibility from the Scottish courts, a series of criticisms from the Committee of Ministers of the Council of Europe and the Joint Committee of Human Rights, a change of Government and a House of Commons debate, the Voting Eligibility (Prisoners) Draft Bill was proposed and is currently being scrutinised by a Joint Select Committee. To add to the mix, we are awaiting judgment on the latest discussion of the issue by the UK Supreme Court, in R (Chester) v Secretary of State for Justice and McGeogh v Lord President of the Council, heard on 10 June, not to mention the adjourned case of Firth v United Kingdom.”
UK Constitutional Law Group, 27th September 2013
Source: www.ukconstitutionallaw.org
“Lawyers for Shrien Dewani, the honeymoon murder suspect, are to ask British prosecutors to consider bringing a case against him in a dramatic attempt to avoid a trial in South Africa.”
The Guardian, 21st September 2013
Source: www.guardian.co.uk
“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”
Family Law Week, 18th September 2013
Source: www.familylawweek.co.uk
In the matter of A (Children) (AP) [2013] UKSC 60 | UKSC 2013/0106 (YouTube)
Supreme Court, 9th September 2013
Schlecker (trading as Firma Anton Schlecker) v Boedeker: (Case C-64/12); [2013] WLR (D) 346
“Article 6(2) of the Convention on the law applicable to contractual obligations, opened for signature in Rome on 19 June 1980, meant that even where an employee carried out the work in performance of the contract habitually, for a lengthy period and without interruption in the same country, the national court could, under the concluding part of that provision, disregard the law of the country where the work was habitually carried out, if it appeared from the circumstances as a whole that the contract was more closely connected with another country.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
“The High Court of England and Wales had jurisdiction to order the ‘return’ to this country of a small child who had never lived or even been here, on the basis that he had British nationality.”
WLR Daily, 9th September 2013
Source: www.iclr.co.uk
“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”
Family Law Week, 15th August 2013
Source: www.familylawweek.co.uk
“Same-sex couples face continued uncertainty over their legal rights abroad that could leave them vulnerable. Family lawyer Fiona Wood explains more.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
“Robert Brown examines the implications for eDisclosure when a company’s data has moved into cyberspace.”
New Law Journal, 19th July 2013
Source: www.newlawjournal.co.uk
“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”
WLR Daily, 10th July 2013
Source: www.iclr.co.uk
“In a previous blog post on these pages, the case of Lindsay Sandiford was examined. Sandiford – a British citizen facing the death penalty in Indonesia – had asked the UK Government for funding to help her appeal, but was refused financial help. The Court of Appeal ruled in favour of the Government, stating that the decision to provide legal aid to a British citizen abroad is a discretionary matter for the executive.”
UK Human Rights Blog, 17th July 2013
Source: www.ukhumanrightsblog.com
“Speech to Chatham House on Britain’s contribution to the development of international law Originally given at London. This is the text of the speech as drafted, which may differ slightly from the delivered version.”
Attorney General’s Office, 3rd July 2013
Source: www.gov.uk/ago
“FOCUS: Companies operating in the European Union must process personal data in line with the EU’s Data Protection Directive. But, like Google in recent years, they find themselves facing very different enforcement regimes in each country.”
OUT-LAW.com, 5th July 2013
Source: www.out-law.com
Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263
“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”
WLR Daily, 28th June 2013
Source: www.iclr.co.uk
“The Regulation of Investigatory Powers Act 2000 (RIPA) has featured prominently in the news in recent weeks, both as regards undercover police officers/’covert human intelligence sources’ and as regards the phone-hacking scandal.”
Panopticon, 28th June 2013
Source: www.panopticonblog.com
“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”
NearlyLegal, 23rd June 2013
Source: www.nearlylegal.co.uk
“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”
UK Human Rights Blog, 20th June 2013
Source: www.ukhumanrightsblog.com
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