‘A Royal Marine who was sentenced to life in prison for killing a wounded Taliban fighter in Afghanistan, will be released from prison on Friday, according to the group set up to campaign for his release.’
The Independent, 27th April 2017
Source: www.independent.co.uk
Tees Esk & Wear Valleys NHS Foundation Trust v Harland UKEAT/173/16
‘The claimants, nursing assistants, were employed by the trust as part of a designated team of 27 people providing specialist care to C, who had severe learning difficulties, in his flat. When C’s condition improved and fewer carers were needed to look after him the team was reduced to 11 people, who also provided care to other disabled people living in flats in the same building. The contract to provide care to C was subsequently taken over by a healthcare company and the trust nominated those members of the team who had spent the greatest proportion of their working time looking after C to transfer to the company. The claimants were unwilling to transfer and left to take other posts or were made redundant. On their complaints of unfair dismissal an employment judge considered as preliminary issues whether there was a relevant transfer within the meaning of regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and whether the claimants had been assigned to an organised grouping of employees prior to the transfer, such that there had been a service provision change in accordance with regulation 3(1)(b). The tribunal found that the trust had initially put together an organised grouping of employees which included the claimants with the principal purpose of the care of C but as C recovered and the number of hours needed for his care was reduced the principal purpose of the group became subsidiary to the dominant purpose of providing care to other disabled people in the building and, accordingly, at the time of the transfer from the trust to the company the requirements of regulation 3(3)(a)(i) were not satisfied and there was no service provision change. The tribunal concluded that as there was no relevant transfer the claimants had been at all times employed by the trust.’
WLR Daily, 3rd March 2017
Source: www.iclr.co.uk
DW and another v CG [2016] EWHC 2965 (Fam)
‘On the dissolution of their marriage a husband and wife had resolved their respective financial remedy claims by way of a final consent order made in 2009 (“the 2009 order”), which required the husband to make a significant lump sum payment to the wife in a series of instalments. The order further contained provision entitling the wife to sell a number of properties, held in the husband’s sole name, should the husband default on payment and a right for the wife to continue to reside in one of those properties (“the property”) until payment by the husband of the final lump sum instalment. The husband failed to pay the final instalment and, in 2010, the court made an order for sale of the property with the outstanding interim payment to be provided to the wife from the net proceeds of sale. That order was never implemented and in 2011 bankruptcy proceedings were commenced against the husband. The wife registered a restriction against the property before the husband was made bankrupt in 2012. Following an initial agreed period of inactivity in the family proceedings the husband and his new partner were both discharged from bankruptcy in 2013. In 2014 they both entered into a settlement agreement to purchase any interest their estates in bankruptcy “may” have had in respect of the properties and other assets and, between themselves, entered into a declaration of trust in relation to the property with the apparent effect of frustrating the wife’s claim. The wife recommenced her application for sale of the property and such an order was duly made with the requirement that the net proceeds of sale be paid in to court. The husband was then invited by the court to make representations as to why the wife should not receive the final instalment from the net proceeds of sale. He contended, inter alia, that the terms of the 2009 order had never created an equitable interest in the property in the wife’s favour and consequently there was no basis on which the court could go further and consider whether that interest fell outside of, or how it was effected by, his bankruptcy. The husband and his new partner appealed against the decision that the wife was entitled to receive her outstanding instalment payment from the net proceeds of sale.’
WLR Daily, November 2016
Source: www.iclr.co.uk
‘Blockchain-backed ‘smart contracts’ will be a “game changer” in property transactions, increasing certainty for buyers and sellers as well as speeding up the house-buying process, it has been claimed.’
Legal Futures, 26th April 2017
Source: www.legalfutures.co.uk
‘A crowdfunding campaign to judicially review a partial hospital closure in Devon has won backing from Honition Town Council’
Local Government Lawyer, 26th April 2017
Source: www.localgovernmentlawyer.co.uk
‘The legislation to introduce restrictions on corporation tax deductions for interest payments will not be included in the UK Finance Bill that will become law before the general election. The government tabled amendments to the bill withdrawing most of its provisions before it went through the remaining House of Commons stages on 25 April.’
OUT-LAW.com, 27th April 2017
Source: www.out-law.com
‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’
UK Constitutional Law Association, April 2017
Source: www.ukconstitutionallaw.org
‘In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments of which Octagon were the freehold owners) under s.24, Landlord and Tenant Act 1987. As part of its order it required that Canary Riverside Management Ltd must, amongst other things, provide copy documents (accounts, invoices, etc) to Mr Coates. Mr Coates contended that this order had not been complied with and brought a claim in the County Court for an injunction against Canary Riverside Management Ltd seeking to enforce the management order. The County Court made an injunction, with a penal notice attached, restraining Canary Riverside Management Ltd from
1. Changing any locks to the premises;
2. Removing any property from the premises;
3. Interfering with the manager’s exercise of his obligations under the management order.’
Nearly Legal, 26th April 2017
Source: www.nearlylegal.co.uk
‘The mother of a young woman murdered by an obsessive ex-boyfriend urged other victims of stalking to speak out and not suffer in silence as her daughter’s killer was jailed for life. Alice Ruggles, 24, who worked for the broadcaster Sky, was stabbed with a carving knife by LCpl Trimaan “Harry” Dhillon, 26, in an “act of utter barbarism” at her Gateshead flat in October.’
The Guardian, 26th April 2017
Source: www.guardian.co.uk
‘The number of crimes recorded by police in England and Wales last year was up by 9% on the previous year, figures show.’
BBC News, 27th April 2017
Source: www.bbc.co.uk
‘A young farm worker who threw a newborn calf to the floor and repeatedly stamped on it before kicking its mother in the head blamed his behaviour on breaking up with his girlfriend months earlier.’
Daily Telegraph, 26th April 2017
Source: www.telegraph.co.uk
‘Journalists in the UK are less free to hold power to account than those working in South Africa, Chile or Lithuania, according to an index of press freedom around the world.’
The Guardian, 26th April 2017
Source: www.guardian.co.uk
‘Secret files concerning one of the most high profile clashes of the 1980s miners’ strike should be assessed and made public if possible, a government committee has said.’
BBC News, 27th April 2017
Source: www.bbc.co.uk
‘The profession has given a mixed response to the Solicitors Regulation Authority’s plans to introduce a single qualifying assessment for would-be solicitors and called on the regulator to ensure the new regime maintains high standards.’
Law Society’s Gazette, 25th April 2017
Source: www.lawgazette.co.uk
‘Shortly after Christmas in 2009, a young woman from Somalia flew into Stansted and claimed asylum. She had just turned 18. As later accepted by the Home Office, she had experienced severe depredations in her home country. This included her rape at the age of six in the presence of her disabled mother, and the murder of both of her parents. She fled Somalia in 2008, initially to Yemen, where she spent the next year. She was eventually able to fly to Europe with the help of an agent, who provided a British passport to facilitate her entry into the UK.’
Free Movement, 26th April 2017
Source: www.freemovement.org.uk
‘Chinese mobile device manufacturer Huawei has lost a legal challenge against the validity of a patent owned by Unwired Planet.’
OUT-LAW.com, 25th April 2017
Source: www.out-law.com
‘The Sun has accused MailOnline of stealing exclusive content and threatened legal proceedings in a sign of the escalating battle for digital news revenues.’
The Guardian, 25th April 2017
Source: www.guardian.co.uk
‘Plans to force millions of businesses and self-employed people to file multiple tax returns each year have been shelved by the Government.’
Daily Telegraph, 25th April 2017
Source: www.telegraph.co.uk
‘Brexit will not harm London’s status as a centre for dispute resolution, the lord chief justice has assured Chinese colleagues. In a speech to the National Judges College in Beijing earlier this month and circulated by HM Judiciary today, Lord Thomas of Cwmgiedd took English contract law as an illustration of why Brexit will have ‘no effect on London’s key strengths’.’
Law Society’s Gazette, 25th April 2017
Source: www.lawgazette.co.uk
© Inner Temple Library 2025