Regina (Black) v Secretary of State for Justice – WLR Daily

Regina (Black) v Secretary of State for Justice: [2015] EWHC 528 (Admin); [2015] WLR (D) 105

‘The provisions of Chapter 1 of Part 1 of the Health Act 2006 were, by necessary implication, binding on the Crown and so applied to all public places and workplaces within its scope for which the Crown was responsible, including state run prisons.’

WLR Daily, 5th March 2015

Source: www.iclr.co.uk

Blow for MoJ as regulations on judicial review and legal aid ruled unlawful – Local Government Lawyer

‘The Government’s introduction through regulations of a “no permission, no fee” arrangement for making a legally aided application for judicial review was unlawful, the Divisional Court has ruled.’

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Local Government Lawyer, 4th March 2015

Source: www.localgovernmentlawyer.co.uk

Court fee increase imminent as levy clears parliament – Law Society’s Gazette

Posted March 5th, 2015 in courts, fees, news, parliament, regulations by sally

‘Court fees will increase from next week after the House of Lords last night rubber-stamped the planned levy. A 5% charge will be added to all civil claims valued at more than £10,000, with fees capped at £10,000. According to the statutory instrument, the order comes into force on the following Monday after it is made.’

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Law Society’s Gazette, 5th March 2015

Source: www.lawgazette.co.uk

Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

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Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

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NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. – Supreme Court

R (on the app. of Rotherham Borough Council & others) v Secretary of State for B.I.S. [2015] UKSC 6 (YouTube

Supreme Court, 25th February 2015

Source: www.youtube.com/user/UKSupremeCourt

New immigration rules for visitors to the United Kingdom – Free Movement

Posted March 3rd, 2015 in immigration, news, regulations, visas by sally

‘A new set of rules for visitors to the United Kingdom has been introduced to take effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The changes were billed in advance as a simplification of the old rules. Closer inspection reveals a reduction in the number of categories of visitor but a great deal of added complexity to the way the rules are drafted and a new set of sub-appendices to the appendices. The Home Office is unique in the universe for its immunity to the Second Law of Thermodynamics, it seems.’

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Free Movement, 3rd March 2015

Source: www.freemovement.org.uk

Court fee hike set for next week – Law Society’s Gazette

Posted March 3rd, 2015 in courts, fees, news, parliament, regulations by sally

‘Controversial rises in court fees will come into force next Monday barring a parliamentary upset, the Gazette can reveal.’

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Law Society’s Gazette, 2nd March 2015

Source: www.lawgazette.co.uk

Press regulator to look at Daily Telegraph and HSBC allegations – The Guardian

‘The press regulator is to look at allegations that the Daily Telegraph allowed commercial pressures to dictate editorial decisions following Peter Oborne’s resignation over its coverage of HSBC.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

Quite like a whale – Panopticon

‘As my colleague Robin Hopkins has warned, the decision of the Upper Tribunal in Fish Legal looks like a pretty big beast: sixty pages on whether water companies are public authorities for the purposes of the Environmental Information Regulations, applying the CJEU’s lengthy ruling on the points of principle (for which, see this post by Chris Knight).’

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Panopticon, 24th February 2015

Source: www.panopticonblog.com

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others – WLR Daily

Posted February 19th, 2015 in appeals, benefits, carers, EC law, housing, law reports, regulations, social security by sally

Sanneh v Secretary of State for Work and Pensions; Scott and others v Croydon London Borough Council; Merali and others v Birmingham City Council; Regina (HC) v Secretary of State for Work and Pensions and others [2015] EWCA Civ 49; [2015] WLR (D) 61

‘European Union law gave a Zambrano carer, being a non-European Union citizen responsible for the care of an EU citizen child, the right to reside in the United Kingdom from the time when it became apparent that she qualified as a Zambrano carer. However, it did not give her an entitlement to social assistance on the same basis as an EU citizen lawfully resident in the UK. It was for national law to determine the level of benefits to which she was entitled.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

‘Significant’ changes to public procurement rules to be introduced in weeks – OUT-LAW.com

Posted February 9th, 2015 in consultations, EC law, news, public procurement, regulations by sally

‘A raft of major changes to the regulation of procurement in the public sector in England, Wales and Northern Ireland is set to be introduced later this month.’

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OUT-LAW.com, 9th February 2015

Source: www.out-law.com

Judicial Review on domestic violence evidence requirements fails: 
R (on the application of Rights of Women) v The Secretary of State for Justice [2015] EWHC 35 (Admin) – The World of Family Law (Garden Court Chambers)

Posted February 5th, 2015 in domestic violence, evidence, judicial review, legal aid, news, regulations, ultra vires by sally

‘Lord Justice Fulford and Mrs Justice Lang DBE have rejected Rights of Womens much needed challenge against the regulations (regulation 33) on domestic violence. For practitioners who work in the field of domestic violence and for people who care about gender based violence this is a disappointing and somewhat confusing blow.’

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The World of Family Law (Garden Court Chambers), 4th February 2015

Source: www.gcfamily.wordpress.com

Landlords to be banned from letting draughtiest homes – The Guardian

Posted February 5th, 2015 in energy, environmental protection, landlord & tenant, news, regulations by sally

‘Landlords will be banned from renting out England and Wales’ draughtiest homes from 2018 in a bid to cut energy bills and carbon emissions. The new regulations are expected to help around a million tenants who are paying as much as £1,000 a year more than the average annual bill of £1,265 because of poorly insulated homes.’

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The Guardian, 5th February 2015

Source: www.guardian.co.uk

ASA bans advert implying vitamin pills could help women conceive – The Guardian

Posted February 4th, 2015 in advertising, complaints, consumer protection, food, health, news, pregnancy, regulations by sally

‘An advert for a vitamin supplement designed for women trying to conceive has been banned after the regulator ruled there was no proof that the product could increase the likelihood of pregnancy.’

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The Guardian, 4th February 2015

Source: www.guardian.co.uk

Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by sally

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Catch-33: Stringent documentary requirements upheld for legal aid in domestic violence cases – UK Human Rights Blog

Posted January 29th, 2015 in documents, domestic violence, evidence, news, regulations by sally

‘The campaign group Rights of Women has been unsuccessful in its judicial review of Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 (as amended) which sets out the list of documents which will be accepted as evidence that a legal aid applicant has suffered or is at risk of suffering domestic violence. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) purports to retain legal aid for victims of domestic violence. However, such funding is only available where at least one of the documents listed in Regulation 33 is submitted to the Legal Aid Agency.’

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UK Human Rights Blog, 28th January 2015

Source: www.ukhumanrightsblog.com

José Mourinho fined £25,000 for alleging ‘campaign’ against Chelsea – The Guardian

Posted January 28th, 2015 in fines, media, news, penalties, professional conduct, regulations, sport by sally

‘José Mourinho has been fined £25,000 and warned as to his future conduct by the Football Association after claiming a “campaign” was being mounted against Chelsea in the wake of last month’s draw at Southampton, though the manager has avoided a touchline ban for the comments.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

David Beckham’s TV ad for whisky cleared by advertising watchdog – The Guardian

Posted January 28th, 2015 in advertising, alcoholism, charities, children, food, news, regulations, sport by sally

‘David Beckham’s TV ad for whisky brand Haig Club has been cleared by the UK advertising watchdog, despite complaints that the former footballer’s endorsement promotes drinking among children.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk