Morton Hall detainee held for nearly three years, report finds – BBC News
“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”
BBC News, 17th July 2013
Source: www.bbc.co.uk
Category: time limits
High Court allows invalid Bushfield Camp Village Green application to be retrospectively corrected after the deadline for application – OUT-LAW.com
“Landowners have failed to overturn an application to register a disused military camp in Hampshire as a village green, after High Court judges ruled that retrospective corrections to an invalid application, after the time limits for the application, were permitted.”
OUT-LAW.com, 12th July 2013
Source: www.out-law.com
Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily
Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818; [2013] WLR (D) 273
“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”
WLR Daily, 9th July 2013
Source: www.iclr.co.uk
Court of Appeal allows new grounds of challenge to planning decisions beyond six week limit – Local Government Lawyer
“Challengers to planning permissions can substitute entirely new grounds of challenge beyond the end of the strict six week limit for bringing a claim, the Court of Appeal has ruled.”
Local Government Lawyer, 10th July 2013
Source: www.localgovernmentlawyer.co.uk
San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily
“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
McFail – NearlyLegal
“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”
NearlyLegal, 7th July 2013
Source: www.nearlylegal.co.uk
New coroner rules aim to reduce inquest delays – BBC News
“Coroners in England and Wales will have to meet a new code of standards to make inquests more efficient.”
BBC News, 4th July 2013
Source: www.bbc.co.uk
Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog
“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”
UK Human Rights Blog, 2nd July 2013
Source: www.ukhumanrightsblog.com
Name firms accused of hacking within 14 days, MPs tell police – The Independent
“The Serious Organised Crime Agency has refused to name the blue-chip companies it knows commissioned corrupt private investigators to break the law – but was immediately ordered to do so within 14 days by a committee of MPs.”
The Independent, 2nd July 2013
Source: www.independent.co.uk
Immigration Rule changes – UK Border Agency
“As previously announced a number of minor changes to the Immigration Rules come into effect today, Monday 1 July 2013.”
Uk Border Agency, 30th June 2013
Soruce: www.ukba.homeoffice.gov.uk
Abela and others (Appellants) v. Baadarani (Respondent) – Supreme Court
Abela and others (Appellants) v. Baadarani (Respondent) [2013] UKSC 44 | UKSC 2012/0023 (YouTube)
Supreme Court, 26th June 2013
Colin Witcher discusses below some of the key provisions of the Enterprise and Regulatory Reform Act 2013 (“ERRA”) in respect of Employment Law which come into force tomorrow, Tuesday 25 June 2013 – One Inner Temple Lane
“The ERRA is an important piece of legislation, covering maters such as unfair dismissal, health and safety and copyright.”
One Inner Temple Lane, 24th June 2013
Source: www.1itl.com
Trustees of the Lehman Brothers Pension Scheme and another v LB Re Financing No Ltd and another – WLR Daily
“When the Pensions Regulator, acting by the determinations panel, made a determination about a financial support direction in relation to a pension scheme, the trustees of that scheme, by virtue of their office, were persons “directly affected” by that determination for the purposes of section 96(3) of the Pensions Act 2004, and accordingly had standing as of right to refer that determination to the Upper Tribunal under that provision. Further, where any person referred such a determination of the Regulator to the Upper Tribunal under section 96(3) of the Act, the two-year time limit in section 43(9), which, prior to amendment by the Pensions Act 2011, required the Regulator to issue a financial support direction within two years of the time which he selected for determining whether the preconditions in section 43(2) for the issue of a direction had been fulfilled, did not apply to any directions which the Upper Tribunal might give regarding a financial support direction under section 103(5) and (6), or to any order made on appeal from those directions.”
WLR Daily, 21st June 2013
Source: www.iclr.co.uk
Rule 25.1 and the President’s Guidance in H-L – A ‘necessary’ evil? – Family Law Week
“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”
Family Law Week, 23rd June 2013
Source: www.familylawweek.co.uk
There’s no place like home – NearlyLegal
“Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985.”
NearlyLegal, 23rd June 2013
Source: www.nearlylegal.co.uk
French v Public Prosecutor of the Central Department of Investigation and Prosecution in Lisbon, Portugal – WLR Daily
“Although, as a matter of international obligation, a member state (and any European territory for which it was responsible) was required to legislate in such a way as to achieve the aims of Council Framework Decision 2002/584/JHA , including that a formal decision on the execution of an European arrest warrant should be taken within 60 days of the requested person’s arrest, the law derived from the consequential domestic legislation rather than from the Decision, so that where a territory’s legislation provided that the consequence of a failure to meet such deadline was no more than a requirement to notify the issuing judicial authority of the delay and the reasons therefor, the failure did not entitle the arrested person to be released, save where the delay was so excessive that it could no longer be said to be a deprivation of liberty in accordance with a procedure prescribed by law for the lawful detention of a person against whom action was being taken with a view to extradition, within article 5.1(f) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
O’Neill v HM Advocate (No 2); Lauchlanv Same – WLR Daily
O’Neill v HM Advocate (No 2); Lauchlanv Same [2013] UKSC 36; [2013] WLR (D) 231
“The right to a trial within a reasonable time under article 6.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms was a separate right from the right to a fair trial under that article. Consequently the time when a person was ‘charged’ with an offence for the purposes of time starting to run under the reasonable time guarantee might be different from the time when he should have had access to a lawyer for the purposes of ensuring a fair trial under article 6.1 read with article 6.3(c).”
WLR Daily, 13th June 2013
Source: www.iclr.co.uk
Private enforcement: the Commission speaks at last – Competition Bulletin from Blackstone Chambers
“The trio of documents published by the Commission last week mark an important moment in private competition enforcement in the EU. After years of debate and consultation, it is now clear that, whilst the Commission is determined to take some important steps to assist claimants in private actions, it is not prepared to bring about the sorts of fundamental changes which would be needed to realise the full potential of private enforcement.”
Competition Bulletin from Blackstone Chambers, 15th June 2013
Source: www.competitionbulletin.com
Care Proceedings: the Operation and Effect of Pre-Proceedings – What do lawyers need to know? – Family Law Week
“Professor Judith Masson, School of Law University of Bristol, and Dr Jonathan Dickens, Centre for Research on Children and Families, University of East Anglia, explain the lessons learned for future practice from research conducted into the use of the pre-proceedings process in care cases.”
Family Law Week, 13th June 2013
Source: www.familylawweek.com
