“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”
Home Office, 25th June 2013
Source: www.gov.uk/home-office
“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”
BBC News, 25th June 2013
Source: www.bbc.co.uk
“The highest-ranking nurse in the Royal Air Force has won damages after bringing a sexual discrimination case against the Ministry of Defence.”
The Guardian, 25th June 2013
Source: www.guardian.co.uk
“The judges have nothing to gain and everything to lose by negotiating with Chris Grayling in private.”
The Guardian, 25th June 2013
Source: www.guardian.co.uk
“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
“UNISON has applied to the High Court for a judicial review of the Ministry of Justice’s decision to introduce employment tribunal fees from the end of next month, it has announced.”
OUT-LAW.com, 25th June 2013
Source: www.out-law.com
“The justice secretary, Chris Grayling, has been warned by the lord chief justice, Lord Judge, not to undermine the independence of the judiciary through plans to privatise parts of the court service or make it self-financing.”
The Guardian, 24th June 2013
Source: www.guardian.co.uk
“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”
UK Human Rights Blog, 21st June 2013
Source: www.ukhumanrightsblog.com
“Judges in England and Scotland are being asked to explain why they believe someone is unfit to work, in a move ministers hope will improve the decision-making process on benefits.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”
Competition Bulletin from Blackstone Chambers, 20th June 2013
Source: www.competitionbulletin.com
“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“Moors murderer Ian Brady began a legal attempt to prove that he is sane in the hope that he will be discharged from the secure psychiatric hospital where he is incarcerated and sent to a high security jail so he can starve himself to death.”
The Guardian, 17th June 2013
Source: www.guardian.co.uk
“Moors Murderer Ian Brady is scheduled to go before a tribunal later today in his bid to be transferred to a prison to die.”
The Independent, 17th June 2013
Source: www.independent.co.uk
“The European Court of Justice has, in recent days, handed down a judgment that hits several hot buttons: UK immigration law, EU human rights, secret evidence, and suspicions of terrorism. In ZZ the Court has had to rule on the use of secret evidence before the Special Immigration Appeals Commission (SIAC).”
UK Human Rights Blog, 14th June 2013
Source: www.ukhumanrightsblog.com
“Rosalind English has recently posted on incomplete academic work in the climate change field. This appeal is closely related, in that it concerns a university’s claim to hold on to data from a publicly-funded randomised controlled trial pending peer-reviewed publication.”
UK Human Rights Blog, 12th June 2013
Source: www.ukhumanrightsblog.com
“In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an insurance premium had been reasonable incurred.”
NearlyLegal, 11th June 2013
Source: www.nearlylegal.co.uk
“These are the latest in a series of freedom of information requests for disclosure of material from the UEA’s Climatic Research Unit (CRU). These requests arose following the ‘climategate’ affair where hacked university emails suggested that individuals within CRU might have attempted to abuse the process of peer review to prevent publication of opposing research papers and evidence. Hence the sensitivity of the data to both requester and CRU, and the passions engendered on these appeals.”
UK Human Rights Blog, 10th June 2013
Source: www.ukhumanrightsblog.com
“Lawyers say police could ‘circumvent criminal justice’ by using intelligence in civil immigration courts to increase deportations.”
The Guardian, 6th June 2013
Source: www.guardian.co.uk
“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”
UK Human Rights Blog, 5th June 2013
Source: www.ukhumanrightsblog.com
“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”
Panopticon, 22nd May 2013
Source: www.panopticonblog.com
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