Current Awareness – Page 1744 – Legal News selected by the Inner Temple Library

Section 3C leave does not always protect during appeals – Free Movement

Posted April 12th, 2016 in appeals, bills, immigration, news, time limits by sally

‘The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided.’

Free Movement, 11th April 2016

Source: www.freemovement.org.uk

European court to consider legality of UK surveillance laws – The Guardian

Posted April 12th, 2016 in bills, courts, EC law, intelligence services, investigatory powers, news by sally

‘The legality of Britain’s surveillance laws will come under the intense scrutiny of 15 European judges on Tuesday in a politically sensitive test case that could limit powers to gather online data.’

The Guardian, 11th April 2016

Source: www.guardian.co.uk

Chills, thrills and surprises: ten years of freedom of information in the UK – OUP Blog

Posted April 12th, 2016 in freedom of information, legislation, media, news, parliament by sally

‘The Freedom of Information (FOI) Act has been in the news again, when the controversial Independent Commission, much to the surprise of many, concluded the Act was ‘generally working well’, had ‘enhanced openness and transparency… there is no evidence that the Act needs to be radically altered’.’

OUP Blog, 10th April 2016

Source: http://blog.oup.com

Inheritance tax: a brief history of death duties – The Guardian

Posted April 12th, 2016 in housing, inheritance tax, news, succession, taxation by sally

‘Modern inheritance tax dates back to 1894 when the government introduced estate duty, a tax on the capital value of land, in a bid to raise money to pay off a £4m government deficit.’

The Guardian, 10th April 2016

Source: www.guardian.co.uk

Equality claims and health regulators – Availability of JR does not oust jurisdiction of ET – UK Human Rights Blog

Posted April 12th, 2016 in appeals, disability discrimination, doctors, employment tribunals, equality, harassment, judicial review, news, race discrimination, sex discrimination by sally

‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’

UK Human Rights Blog, 11th April 2016

Source: www.ukhumanrightsblog.com

Subject access request as precursor to litigation? No problem – Panopticon

Posted April 12th, 2016 in data protection, EC law, intellectual property, news by sally

‘Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB), a judgment of Warby J of 6 April 2016, is the High Court’s latest word on subject access requests. It illustrates some of the emerging trends in subject access litigation. It is also a salutary reminder to ensure that, for subject access request cases as for any other, adequate evidence is presented.’

Panopticon, 8th April 2016

Source: www.panopticonblog.com

Government to investigate Lambeth’s library plans – The Guardian

Posted April 12th, 2016 in complaints, libraries, local government, London, news, planning by sally

‘The government is to investigate a council’s plans to turn some of its libraries into gyms with unstaffed book-lending sections, following a protest against the scheme – which won support from authors including Nick Hornby and Ali Smith.’

The Guardian, 11th April 2016

Source: www.guardian.co.uk

The city that allows women to sell sex – BBC News

Posted April 12th, 2016 in litter, news, police, prostitution by sally

‘A suburb in Leeds is the first place in the UK where it is permitted for women to sell sex between specified hours. The “managed approach” was introduced to try to control the trade.’

BBC News, 12th April 2016

Source: www.bbc.co.uk

This celebrity injunction will probably rebound – a case of the ‘Streisand effect’ – The Guardian

Posted April 12th, 2016 in freedom of expression, injunctions, internet, media, news, privacy, publishing by sally

‘As a Scottish newspaper publishes details of a sex scandal, when does a legal fight to ensure privacy become a pointless exercise to restrict free speech?’

The Guardian, 11th April 2016

Source: www.guardian.co.uk

Sam Hallam and Victor Nealon denied compensation by Court of Appeal – BBC News

Posted April 12th, 2016 in appeals, compensation, DNA, evidence, miscarriage of justice, news by sally

‘Two men who served long sentences before their convictions were overturned have lost the latest round of their legal fight for compensation.’

BBC News, 11th April 2016

Source: www.bbc.co.uk

Inheritance tax should be scrapped – it’s unpopular and barely raises any money

Posted April 12th, 2016 in inheritance tax, news, tax avoidance, tax evasion, taxation by sally

‘Inheritance tax is a losing issue for the left and the right, despite raising a mere quarter of 1 per cent of GDP.’

The Independent, 11th April 2016

Source: www.independent.co.uk

Four cleared in Royal Agricultural University rape case – BBC News

Posted April 12th, 2016 in news, prosecutions, rape, universities by sally

‘Four men accused of rape after a university’s summer ball have been cleared after the case against them was dropped.’

BBC News, 11th April 2016

Source: www.bbc.co.uk

Cosmetic treatment industry given strict rules to protect vulnerable – The Guardian

Posted April 12th, 2016 in advertising, consumer protection, cosmetic surgery, doctors, health, news, regulations by sally

‘Doctors carrying out cosmetic treatments must avoid two-for-one offers and allow a minimum two-week cooling-off period before surgery or risk being struck off, under long-awaited guidance to protect patients who may be vulnerable.’

The Guardian, 12th April 2016

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 11th, 2016 in law reports by sally

High Court (Administrative Court)

Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) (08 April 2016)

High Court (Chancery Division)

Hayfin Opal Luxco 3 SARL & Anor v Windermere VII Cmbs Plc & Ors [2016] EWHC 782 (Ch) (08 April 2016)

High Court (Family Division)

Z, Re (Recognition of Foreign Order) (rev 1) [2016] EWHC 784 (Fam) (08 April 2016)

Source: www.bailii.org.uk

Former police officer sentenced for preying on domestic abuse victims for sexual gratification – Crown Prosecution Service

Posted April 11th, 2016 in abuse of position of trust, domestic violence, misfeasance in public office, police, press releases, sentencing, sexual offences, victims by sally

‘Michael McMillan, a former Merseyside police officer has been sentenced to four years’ imprisonment for seven counts of misconduct in public office.’

Full press release

Crown Prosecution Service, 11th April 2016

Source: www.cps.gov.uk

Susskind: online court is just the beginning – Law Society’s Gazette

Posted April 11th, 2016 in civil justice, courts, dispute resolution, electronic filing, family courts, internet, legal profession, legal representation, litigants in person, news, tribunals by sally

‘The proposed online court is a “pragmatic first step” on the road to a fully integrated online and conventional court service, an influential body has predicted. Professor Richard Susskind (pictured), who leads a panel of experts on digital dispute resolution, said proposals by Lord Justice Briggs for an online court for small claims were to be welcomed.’

Law Society’s Gazette, 9th April 2016

Source: www.lawgazette.co.uk

Covert Recording by Parents – Nothing to Fear but the Truth? – Family Law Week

Posted April 11th, 2016 in children, confidentiality, data protection, evidence, families, news, parental rights, social services, video recordings by sally

‘Farooq Ahmed, barrister of Westgate Chambers and recorder, addresses the legal issues arising when parents embroiled in children proceedings record conversations or events.’

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Finance & Divorce Update, April 2016 – Family Law Week

Posted April 11th, 2016 in appeals, bankruptcy, consent, diplomats, divorce, families, family courts, fees, financial dispute resolution, financial provision, immunity, interpretation, news, pensions, privilege by sally

‘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 March 2016.’

Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Number of dropped Crown Court prosecutions at highest level in five years – BBC News

Posted April 11th, 2016 in Crown Court, Crown Prosecution Service, evidence, news, prosecutions, public interest, statistics by sally

‘The number and proportion of prosecutions dropped at Crown Courts in England and Wales has risen to its highest level in five years. More than 12,600 cases were discontinued from 2014 to 2015 – one in every eight Crown Court cases. At the same time, the proportion of Crown Court cases resulting in a conviction fell below the 80% mark for the first time since 2010-11.’

BBC News, 11th April 2016

Source: www.bbc.co.uk

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