“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”
NearlyLegal, 8th July 2013
Source: www.nearlylegal.co.uk
“A decision to continue to withhold crucial details from a damning report on widespread abuse in children’s homes has been strongly criticised by victims, lawyers and child protection experts.”
The Guardian, 8th July 2013
Source: www.guardian.co.uk
“A report written 17 years ago into claims of abuse at children’s homes in north Wales in the 1970s and 1980s has been published.”
BBC News, 8th July 2013
Source: www.bbc.co.uk
“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”
WLR Daily, 26th June 2013
Source: www.iclr.co.uk
“In this piece I examine a difficult question. Is there now a need for a duty to have due regard to the need to eliminate abuse of minors over and above the welfare duty in s 11 of the Children Act 2004? (The question can be put in a number of different ways covering exploitation, abuse, and I have not tried to define precisely the social evil to be minimised).”
Halsbury’s Law Exchange, 3rd July 2013
Source: www.halsburyslawexchange.co.uk
“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”
UK Human Rights Blog, 2nd July 2013
Source: www.ukhumanrightsblog.com
“What impact will the latest raft of legal aid cuts have on people fighting councils or who are wrongly accused of a crime? We ask former defendants, their families, lawyers and experts.”
The Guardian, 2nd July 2013
Source: www.guardian.co.uk
Grey v Swansea City and County Council [2013] WLR (D) 260
“A public service vehicle could be ‘used on a road for carrying passengers for hire or reward’, within the terms of the Public Passenger Vehicles Act 1981, even if it were not actually in motion on the road, and so failure to display the operator’s disc, which section 18 of the Act required to be fixed to and exhibited on the vehicle, on such a stationary vehicle could constitute a breach of statutory duty.”
WLR Daily, 27th June 2013
Source: www.iclr.co.uk
“At a time when the bedroom tax is coming to dominate debates about housing and fairness in our society, Liz Davies considers the options available to local councils in resisting this policy of central government.”
Garden Court Chambers Blog, 1st July 2013
Source: www.gclaw.wordpress.com
“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”
UK Human Rights Blog, 27th June 2013
Source: www.ukhumanrightsblog.com
Supreme Court, 26th June 2013
Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250
“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”
UK Human Rights Blog, 25th June 2013
Source: www.ukhumanrightsblog.com
“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
“The Court of Protection is facing fresh questions about transparency, as The Independent reveals that its judges are making life-or-death decisions over the phone, with incomplete evidence, in proceedings that are not always recorded.”
The Independent, 24th June 2013
Source: www.independent.co.uk
“Parking tickets were illegally issued by a dozen cameras over at least two years, a London council has admitted – but it refuses to refund fined drivers.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
“This appeal concerned whether a child of two years of age should be permanently removed from her parents and placed for adoption; and, in that regard, whether the child was likely to suffer significant harm: within the meaning of s.31(2)(a) of the Children Act 1989; and a consideration of whether her permanent removal might interfere with the exercise of the right to respect for family life under Article 8 of the ECHR, and, if so, whether the order should be proportionate to its legitimate aim of protecting the child.”
UK Human Rights Blog, 20th June 2013
Source: www.ukhumanrightsblog.com
Cusack (Respondent) v London Borough of Harrow (Appellant) [2013] UKSC 40 | UKSC 2012/0006 (YouTube)
Supreme Court, 19th June 2013
“Should employees – or employers – be able to use secretly taped recordings as evidence when bringing or defending claims in the Employment Tribunal? In the recent case of Vaughan v London Borough of Lewisham & Others [2013] UKEAT 0534_12_0102 the Employment Appeal Tribunal confirmed the long established position that the method in which the evidence has been obtained does not affect its relevance; and relevance is the guiding principle when determining whether evidence is admissible.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“The provision in section 15(4) of the Commons Act 2006, allowing an application for registration of land as a town or village green to be made up to five years after a cessation of qualifying user predating the commencement of section 15, was not incompatible with the landowner’s right to peaceful enjoyment of possessions under article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 14th June 2013
Source: www.iclr.co.uk
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