Whether the right to reside test complies with EU law when applied to ‘family benefits’ – Garden Court Chambers Blog

Posted October 21st, 2015 in benefits, EC law, families, immigration, news, Supreme Court by sally

‘Desmond Rutledge considers the Advocate General’s Opinion (C-308/14) on the EU Commission’s action against the United Kingdom’s use of the right to reside test.’

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Garden Court Chambers Blog, 20th October 2015

Source: www.gclaw.wordpress.com

Simon Binner assisted death: new court battle planned over UK ban – The Guardian

Posted October 19th, 2015 in appeals, assisted suicide, news, Supreme Court by sally

‘A businessman who used LinkedIn to reveal his plan to end his life on Monday wants his death to support a new drive to change the law on assisted dying, a group supporting him has said.’

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The Guardian, 17th October 2015

Source: www.guardian.co.uk

Supreme Court divorce appeals allowed: ‘fraud unravels all’ – Halsbury’s Law Exchange

Posted October 19th, 2015 in appeals, disclosure, divorce, financial provision, news, Supreme Court by sally

‘The Supreme Court has unanimously allowed two wives to have financial settlements set aside on the basis that their former husbands failed to provide full and frank disclosure.’

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Halsbury’s Law Exchange, 16th October 2015

Source: www.halsburyslawexchange.co.uk

Unauthorised solitary confinement incompatible with prisoner’s rights – UK Human Rights Blog

Posted October 15th, 2015 in appeals, human rights, news, prisons, Supreme Court by sally

‘The Supreme Court has held that the continuation of a prisoner’s solitary confinement for safety reasons was not authorised under domestic rules and incompatible with the right to private life under Article 8 of the European Convention on Human Rights (“ECHR”).’

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UK Human Rights Blog, 15th October 2015

Source: www.ukhumanrightsblog.com

Women get right to reopen divorce settlements after supreme court ruling – The Guardian

‘Two women who said that their ex-husbands misled judges about how much they were worth win right to have settlements re-examined.’

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The Guardian, 14th October 2015

Source: www.guardian.co.uk

UK appeal court backs ‘deport first, appeal later’ policy for foreign prisoners – The Guardian

‘The Home Office won a key legal challenge on Tuesday over the “deport first, appeal later” policy, which removes the right of foreign prisoners to appeal against deportation from within the UK.’

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The Guardian, 13th October 2015

Source: www.guardian.co.uk

Divorce ruling: Women await hidden wealth decision – BBC News

‘Two women who want their divorce settlements increased because they say their ex-husbands misled courts are to hear the Supreme Court’s ruling later. Alison Sharland and Varsha Gohil say the men hid the true extent of their wealth when the deals were made. The BBC’s Clive Coleman said it was the “first time in a generation” the court had examined how much a person can lie about assets before a divorce deal can be scrapped or renegotiated.’

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BBC News, 14th October 2015

Source: www.bbc.co.uk

UN torture investigator says UK plan to scrap Human Rights Act is ‘dangerous’ – The Guardian

‘The UN special rapporteur on torture has accused David Cameron of a “cold-hearted ” approach to the migration crisis, warning that plans to scrap the Human Rights Act risk subverting international obligations designed to protect people fleeing persecution.’

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The Guardian, 3rd October 2015

Source: www.guardian.co.uk

Finance & Divorce Update September 2015 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during August 2015.’

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Family Law Week, 13th September 2014

Source: www.familylawweek.co.uk

Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

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Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

Emily Thornberry MP – Human rights conventions: when some are more equal than others? – UK Human Rights Blog

Posted August 24th, 2015 in appeals, benefits, bills, children, human rights, news, Supreme Court by sally

‘When a legal challenge to one of the coalition Government’s flagship welfare reforms – an overall cap of £26,000 per year on the amount any family could receive in benefits – was reviewed by the Supreme Court earlier this year, the resulting judgment left many observers scratching their heads. Had the Court declared the cap unlawful or not? The answer seemed to be a mixture of yes and no.’

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UK Human Rights Blog, 24th August 2015

Source: www.ukhumanrightsblog.com

Woolway (Valuation Officer) v Mazars LLP – WLR Daily

Posted August 12th, 2015 in appeals, leases, news, rates, Supreme Court, tribunals, valuation by sally

Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53; [2015] WLR (D) 353

‘Where a business’s offices were on two separate floors of an office block, the communication between the two being solely by way of the block’s communal lift, those two floors comprised two separate hereditaments for the purposes of non-domestic rating.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) – WLR Daily

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] WLR (D) 342

‘The settlement criterion, which precluded persons with discretionary leave to remain in the United Kingdom from eligibility to receive student loans within the meaning of the Education (Student Support) Regulations 2011, discriminated unlawfully against a person with such leave who had lived and been educated in England for most of her life and was integrated into United Kingdom society.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Supreme Court: a right to a student loan? – UK Human Rights Blog

Posted August 4th, 2015 in appeals, education, human rights, immigration, news, Supreme Court, universities by sally

‘Ms Tigere is 20. She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.’

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UK Human Rights Blog, 3rd August 2015

Source: www.out-law.com

Welsh Supreme Court judge ‘should be considered’ – BBC News

Posted August 4th, 2015 in judiciary, news, reports, Supreme Court, Wales by sally

‘Appointing a Welsh justice to the Supreme Court should be considered in the near future, a report has said.’

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BBC News, 4th August 2015

Source: www.bbc.co.uk

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

Full story

Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) – WLR Daily

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) [2015] UKSC 49; [2015] WLR (D) 330

‘The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours— without any requirement for prior “reasonable suspecion”— for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with articles 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina (Hunt) v North Somerset Council – WLR Daily

Regina (Hunt) v North Somerset Council [2015] UKSC 51; [2015] WLR (D) 331

‘Where a claimant for judicial review had sought a quashing order but not declaratory relief and the court, having found the defendant to have acted unlawfully, refused the quashing order due to the passage of time, it was not obliged of its own initiative to grant a declaration.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina (Champion) v North Norfolk District Council and another – WLR Daily

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk