news – Page 1443 – Current Awareness

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

Posted February 22nd, 2017 in appeals, civil partnerships, human rights, judgments, legislation, news, sex discrimination, sexual orientation discrimination by sally

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com

Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

The Independent, 22nd February 2017

Source: www.independent.co.uk

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden – Cloisters

Posted February 22nd, 2017 in carers, employment, minimum wage, news by sally

‘In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achieved by extending basic workers’ rights to all but the truly self-employed.’

Cloisters, 9th February 2017

Source: www.cloisters.com

Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

Posted February 22nd, 2017 in appeals, civil partnerships, marriage, news, sex discrimination, sexual orientation discrimination by sally

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

The Guardian, 21st February 2017

Source: www.guardian.co.uk

UK prisons ‘holding child inmates in solitary confinement against UN torture rules’ – The Independent

Posted February 22nd, 2017 in children, human rights, judicial review, mental health, Ministry of Justice, news, prisons, reports, torture, treaties, United Nations, young offenders by sally

‘British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.’

The Independent, 21st February 2017

Source: www.independent.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Get Carter gangland murder appeal rejected – BBC News

Posted February 22nd, 2017 in appeals, Criminal Cases Review Commission, gangs, murder, news by sally

‘A bid to challenge a murder conviction that inspired the classic crime thriller Get Carter has been rejected by the High Court.’

BBC News, 21st February 2017

Source: www.bbc.co.uk

Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian

Posted February 22nd, 2017 in employment tribunals, foreign companies, HM Revenue & Customs, minimum wage, news, queen's counsel, self-employment, sex discrimination, sexual offences, taxis, transport, VAT by sally

‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Court rules against heterosexual couple who wanted civil partnership – The Guardian

Posted February 21st, 2017 in appeals, civil partnerships, equality, human rights, news, sexual orientation discrimination by sally

‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Miller, BrEXIT and BreUK-up – Counsel

Posted February 21st, 2017 in brexit, constitutional history, constitutional law, constitutional reform, devolution, EC law, news, Scotland, treaties by sally

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

Counsel, March 2017

Source: www.counselmagazine.co.uk

Defending Private Prosecutions – 2 Hare Court

Posted February 21st, 2017 in defences, news, private prosecutions by sally

‘Private prosecutions of crimes such as fraud and trademark or copyright infringement have become an increasingly important tool of litigation in the UK in recent years. A number of us at 2 Hare Court are currently acting in such cases, defending and prosecuting. Whilst much has been written of late about how to bring a private prosecution, relatively little has made its way into print about defending such cases. Whilst doing so will of course involve many of the same considerations as defending a prosecution brought by the CPS, there is an additional array of options that should be borne in mind.’

2 Hare Court, 5th January 2017

Source: www.2harecourt.com

Finance and Divorce Update, February 2017 – Family Law Week

Posted February 21st, 2017 in appeals, divorce, financial provision, news by sally

‘Sue Brookes, and Rose-Marie Drury, both Senior Associates with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2017.’

Family Law Week, 10th February 2017

Source: www.familylawweek.co.uk

Rolls-Royce – What price co-operation – Fulcrum Chambers

Posted February 21st, 2017 in bribery, deferred prosecution agreements, news, whistleblowers by sally

‘Self referral, co-operation and a balance of mitigating factors were thought to be essential ingredients before a DPA could be considered by a prosecutor. It seems only one existed in this case yet the UK’s largest DPA to date followed.’

Fulcrum Chambers, 20th January 2017

Source: www.fulcrumchambers.com

New government guidelines will end the practice of boomerang bosses – Home Office

Posted February 21st, 2017 in consultations, emergency services, employment, fire services, news, pensions, retirement by sally

‘New government guidelines will stop senior fire officers from being re-employed in the same or similar roles after they have retired.’

Home Office, 21st February 2017

Source: www.gov.uk/home-office

What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

Full story (PDF)

The 36 Group, 6th February 2017

Source: www.36group.co.uk

Reasons – Local Government Law

Posted February 21st, 2017 in appeals, local government, news, planning, sport by sally

‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’

Local Government Law, 17th February 2017

Source: www.11kbw.com/blogs/local-government-law

Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

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