Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

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Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

HS2 ruling: time to scale back on judicial reviews? – The Guardian

Posted April 3rd, 2013 in fees, judicial review, local government, news, time limits by sally

“It looks like it’s all systems go for HS2. The recent ruling on the high-speed rail from London to Birmingham and Manchester to Leeds gave the green light to the project. The government won nine out of the 10 points being challenged by various local authorities and action groups. It fell down on one area and has taken it on the chin agreeing to re-run its compensation consultation process.”

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The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Barnsley curfew for under-16s is discriminatory, say campaigners – The Guardian

Posted April 2nd, 2013 in age discrimination, human rights, lobbying, news, time limits, young persons by sally

“Civil rights campaigners have condemned a council curfew banning all unaccompanied young people from a town centre at night as unlawful.”

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The Guardian, 30th March 2013

Source: www.guardian.co.uk

L-drivers face ‘minimum learning period’ in radical overhaul of driving test rules – The Independent

Posted March 26th, 2013 in driving licences, education, news, time limits, young persons by sally

“A sweeping overhaul of driving test rules was announced today [25 March] by Patrick McLoughlin, the Transport Secretary, in an attempt to reduce the number of young motorists killed or seriously injured on Britain’s roads.”

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The Independent, 25th March 2013

Source: www.independent.co.uk

Ending the postcode lottery for inquests – Ministry of Justice

“Supporting bereaved families during an inquest will be at the heart of the new coroner system in England and Wales, Justice Minister Helen Grant said today.”

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Ministry of Justice, 1st March 2013

Source: www.justice.gov.uk

Improving inquests – Ministry of Justice

“Supporting bereaved families during an inquest will be at the heart of the new coroner system.”

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Ministry of Justice, 1st March 2013

Source: www.justice.gov.uk

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily

Posted February 25th, 2013 in housing, law reports, local government, planning, time limits by sally

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others [2013] EWHC 286 (Admin); [2013] WLR (D) 73

“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Residing together, apart – NearlyLegal

Posted February 25th, 2013 in appeals, families, housing, interpretation, local government, news, time limits by sally

“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”

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NearlyLegal, 24th February 2013

Source: www.nearlylegal.co.uk

£23m of parking fines ‘may have been unlawful’ – BBC News

Posted February 11th, 2013 in appeals, fines, local government, news, parking, time limits by sally

“Almost 350,000 parking fines – totalling an estimated £23m – may have been unlawfully issued to motorists in London, a BBC investigation has found.”

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BBC News, 11th February 2013

Source: www.bbc.co.uk

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) – Supreme Court

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) [2013] UKSC 6 | UKSC 2012/0168 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Government plans for radical overhaul of family law would do little to help improve lives of vulnerable children, warn charities – The Independent

“Charities warned that Government plans for a radical overhaul of family law including the introduction of shared parental leave would do little to help improve the lives of the most vulnerable children.”

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The Independent, 5th February 2013

Source: www.independent.co.uk

Article 8 success in the County Court – NearlyLegal

Posted January 18th, 2013 in housing, human rights, news, proportionality, succession, time limits by tracey

“This was a failed succession case where an article 8 proportionality defence was, at least in part successful.”

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NearlyLegal, 17th January 2013

Source: www.nearlylegal.co.uk/blog/

High Court wrestles with costs consequences after part 36 offers are accepted out of time – Litigation Futures

Posted January 10th, 2013 in costs, news, part 36 offers, time limits by sally

“Part 36 continues to trouble the courts, with two rulings recently involving parties seeking to overturn the usual costs consequences of accepting an offer after the usual 21 days.”

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Litigation Futures, 10th January 2013

Source: www.litigationfutures.com

Sayers v Lord Chelwood and another – WLR Daily

Posted December 21st, 2012 in law reports, limitations, personal injuries, time limits by tracey

Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389

“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Freetown Ltd v Assethold Ltd – WLR Daily

Posted December 20th, 2012 in appeals, doctors, law reports, party walls, service, time limits by tracey

Freetown Ltd v Assethold Ltd: [2012] EWCA Civ 1657;   [2012] WLR (D)  379

“Service of a party wall award pursuant to section 15(1) of the Party Wall etc Act 1996 was effective from the date the award was received or deemed to have been received by a party.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

Woolf warns Government over judicial review – The Independent

Posted December 17th, 2012 in judicial review, news, time limits by sally

“Government plans to curb the right to judicial review risk endangering a vital legal safeguard, a former lord chief justice warned today.”

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The Independent, 15th December 2012

Source: www.independent.co.uk

Judicial Review: proposals for reform – Ministry of Justice

Posted December 13th, 2012 in consultations, judicial review, news, planning, public procurement, time limits by sally

“The Government is seeking views on a package of measures to stem the growth in applications for judicial reviews. The measures aim to tackle the burden that this growth has placed on stretched public services whilst protecting access to justice and the rule of law. The engagement exercise seeks views on proposals in three key areas; reducing the time limits for bringing a judicial review relating to procurement or planning, bringing them into line with the appeal timetable which already applies to those cases.”

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Ministry of Justice, 13th December 2012

Source: www.justice.gov.uk

Okoro and another v Taylor Woodrow Construction Ltd and others – WLR Daily

Posted December 7th, 2012 in complaints, law reports, news, race discrimination, time limits by sally

Okoro and another v Taylor Woodrow Construction Ltd and others [2012] EWCA Civ 1590; [2012] WLR (D) 368

“A complaint of racial discrimination by workers arising out of a ban preventing them from entering the workplace was not presented in time under section 68(1) of the Race Relations Act 1976 after a period of three months beginning with the date on which the ban had expired.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted December 5th, 2012 in appeals, delay, diplomats, embassies, extradition, human rights, law reports, time limits by sally

Regina (Tajik) v City of Westminster Magistrates’ Court and another [2012] EWHC 3347 (Admin); [2012] WLR (D) 361

“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

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LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk