Mentally unfit refugees unfairly targeted by Home Office – The Guardian

‘The Home Office is covertly targeting the most vulnerable asylum seekers – those considered mentally unfit, or victims of torture – for deportation as part of the government’s hardline stance on immigration, according to lawyers and charity workers.’

Full story

The Guardian, 25th January 2014

Source: www.guardian.co.uk

Jump in judicial reviews against HMRC shows businesses more willing to challenge “unlawful” tax decisions, says expert – OUT-LAW.com

Posted January 24th, 2014 in judicial review, news, statistics, taxation by sally

‘Businesses have become more willing to challenge tax decisions against them that appear to be unlawful, an expert has said, after a 31% increase in the number of judicial review applications made against HM Revenue and Customs (HMRC).’

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OUT-LAW.com, 24th January 2014

Source: www.out-law.com

Surrogacy: A Guide to the Current Law (Part 1) – Family Law Week

Posted January 24th, 2014 in news, surrogacy by sally

‘In the first of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the key statutes and regulations underpinning this growing area of family law practice.’

Full story

Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

How whole-life sentences might comply with human rights convention – The Guardian

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘Strasbourg court found that whole-life terms breached human rights of prisoners as they did not provide any review mechanism.’

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The Guardian, 21st January 2014

Source: www.guardian.co.uk

Litigation privilege did not apply to correspondence before litigation was “reasonably anticipated”, judge says – OUT-LAW.com

Posted January 24th, 2014 in burden of proof, financial advice, news, privilege by sally

‘A brewing company was unable to prevent correspondence between itself and its bank and accountants from being disclosed during a dispute connected with the sale of its eastern European business, a High Court judge has ruled.

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

HB and Exempt accommodation: unreasonably high rent – NearlyLegal

Posted January 24th, 2014 in benefits, housing, landlord & tenant, news, rent, service charges by sally

‘I admit that SS v Birmingham CC [2013] UKUT 418 (AAC) has been on my to do list for a while and that, possibly, the main reason for finding the time to write it up is because I’m on a two hour strike (#fairpayinHE). But, it is a really quite important case about the application of the unreasonably high rent rule for “exempt accommodation” in Reg 13 and Sch 3 of the 2006 Housing Benefit regs. The principal question of law concerns the meaning of “suitable alternative accommodation” in those regs.’

Full story

NearlyLegal, 23rd January 2014

Source: www.nearlylegal.co.uk

We need to talk about Denning – Halsbury’s Law Exchange

Posted January 24th, 2014 in advocacy, judges, judgments, news, precedent by sally

‘It’s a familiar scenario to any lawyer.

You’re reading a practitioner handbook and see a case referred to that seems just a little bit odd.

You read the summary in the footnotes and can’t believe it really says that and, before you know it, you’ve been side-tracked from your original research plan into actually getting a copy of the case.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Sean Turner: Inquest rules ‘lost opportunities’ in four-year-old’s care – The Independent

Posted January 24th, 2014 in children, hospitals, inquests, medical treatment, news by sally

‘A Bristol hospital has apologised over the treatment a four-year-old heart patient received on a ward after his parents condemned his care as “shambolic”.’

Full story

The Independent, 23rd January 2014

Source: www.independent.co.uk

Mark Elliot: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law – UK Constitutional Law Group

‘Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK Human Rights Blog. This post is concerned only with one aspect of the decision, and with some very interesting dicta concerning not only the relationship between UK and EU law, but the nature of the UK’s constitutional order itself.’

Full story

UK Constitutional Law Group, 23rd January 2014

Source: www.ukconstitutionallaw.org

Guarantor was released from obligations when alterations to property were made without its consent, Appeal Court confirms – OUT-LAW.com

Posted January 24th, 2014 in insolvency, landlord & tenant, leases, news, rent, surety by sally

‘The guarantor of an insolvent commercial tenant cannot be held liable for outstanding obligations if changes were made to the lease without its consent which had the “potential” to increase the burden on the guarantor, the Court of Appeal has confirmed.’

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OUT-LAW.com, 23rd January 2014

Source: www.out-law.com

Philpott deaths ‘not preventable’, according to serious case review – The Guardian

Posted January 24th, 2014 in children, domestic violence, homicide, news, reports, social services by sally

‘The deaths of the six Philpott children in a house fire started by their parents “could not have been predicted or prevented”, a serious case review has found.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

Full story

Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Tommy Robinson, former EDL leader, jailed for fraud – BBC News

Posted January 24th, 2014 in fraud, mortgages, news, sentencing by sally

‘Former English Defence League leader Tommy Robinson, whose real name is Stephen Yaxley-Lennon, has been jailed for 18 months for mortgage fraud.’

Full story

BBC News, 23rd January 2014

Source: www.bbc.co.uk

New Year, new tort of misuse of private information – UK Human Rights Blog

‘A group of UK Google users called ‘Safari Users Against Google’s Secret Tracking’ have claimed that the tracking and collation of information about of their internet usage by Google amounts to misuse of personal information, and a breach of the Data Protection Act 1998. The Judge confirmed that misuse of personal information was a distinct tort. He also held that the English courts had jurisdiction to try the claims.’

Full story

UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

The mysterious case of the falling criminal offences: burglary and murders down again, statistics show – The Independent

Posted January 24th, 2014 in crime, news, statistics by sally

‘The public does not believe it and ministers privately admit they do not fully understand the reasons for it – but crime is continuing to fall sharply.’

Full story

The Independent, 23rd January 2014

Source: www.independent.co.uk

Woman guilty of acid attack on friend while disguised in niqab – The Guardian

Posted January 24th, 2014 in assault, grievous bodily harm, news by sally

‘A business student is facing jail after being found guilty of an acid attack that left a friend scarred for life.’

Full story

The Guardian, 23rd January 2014

Source: www.guardian.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

Full story

BBC News, 24th January 2014

Source: www.bbc.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Launch of the Bar Standards Board handbook; challenges and opportunities – Attorney General’s Office

‘Attorney General Dominic Grieve QC MP keynote speech at the launch of new Bar Standards Board handbook.’

Full story

Attorney General’s Office,

Source: www.gov.uk/ago

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk