Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Kiani v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2015 in appeals, employment tribunals, human rights, intelligence services, law reports, trials, tribunals, unfair dismissal by sally

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

Bramley apple pie filling wins protected status from European commission – The Guardian

Posted July 30th, 2015 in EC law, food, news by sally

‘In a nod to British baking that could warm the hearts of even the most eurosceptic person, the tangy taste of a Bramley apple pie filling has officially been awarded protected status by the European commission.’

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The Guardian, 29th July 2015

Source: www.guardian.co.uk

A rape test for welfare is a chilling way to save money – The Guardian

Posted July 30th, 2015 in benefits, children, news, rape, social security, tax credits by sally

‘Rape that results in pregnancy is one circumstance that defies the chancellor’s notion of choice about family size.’
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The Guardian, 29th July 2015

Source: www.guardian.co.uk

‘I watched the man convicted of sexually abusing me as a child walk free from court with a fine’ – The Independent

Posted July 30th, 2015 in child abuse, community service, costs, fines, news, sentencing, sexual offences, suspended sentences by sally

‘A child sex abuse victim who was attacked by her sister’s fiancé when she was just 10 years old has started a campaign to change the legal system that saw her abuser walk free from court.’
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The Independent, 29th July 2015

Source: www.independent.co.uk

Court rejects government appeal over fast-track detention of asylum seekers – The Guardian

Posted July 30th, 2015 in appeals, asylum, detention, news by sally

‘Government hopes of quickly restarting the detention of asylum seekers under its fast-track process have been dealt a serious blow by the loss of a court of appeal challenge brought by the justice secretary, Michael Gove.’

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The Guardian, 29th July 2015

Source: www.guardian.co.uk

Undercover policing inquiry: officers giving evidence might receive immunity – The Guardian

Posted July 29th, 2015 in evidence, immunity, inquiries, news, police, spying by sally

‘Undercover police officers who disclose crucial evidence to a public inquiry into the covert infiltration of political groups could be given immunity from prosecution.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

End-of-life judgments shouldn’t be made by one doctor, says new guidance – The Guardian

Posted July 29th, 2015 in doctors, health, hospitals, news by sally

‘Judgments on when patients are reaching the end of their lives should be taken by a number of health experts rather than relying on the medical opinion of just one doctor, according to new guidance from health officials.’

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The Guardian, 29th July 2015

Source: www.guardian.co.uk

Denying prisoners legal aid may be illegal, appeal court rules – The Guardian

Posted July 29th, 2015 in criminal justice, legal aid, news, prisons by sally

‘Denying prisoners in England and Wales legal aid so they can effectively challenge the conditions under which they are held could be illegal, the court of appeal has ruled.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

UK court convicts man of revenge killing in Pakistan – The Guardian

Posted July 29th, 2015 in domestic violence, murder, news, Pakistan by sally

‘An abusive husband has been convicted of gunning down his mother-in-law on her doorstep in Pakistan in a revenge killing after his wife left him.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

Coroners must send bodies for scans rather than autopsies if religion demands they stay intact, High Court rules – The Independent

Posted July 29th, 2015 in coroners, human rights, human tissue, injunctions, judicial review, news by sally

‘Coroners must send bodies for scans or blood tests rather than carry out invasive autopsies if the deceased’s religion demands the corpse must stay intact, the High Court has ruled, in a landmark legal victory for the religious rights of Jews and Muslims.’
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The Independent, 28th July 2015

Source: www.independent.co.uk

Child Protection and Data Protection – Panopticon

Posted July 29th, 2015 in child abuse, children, data protection, human rights, local government, news, time limits by sally

‘The spectre of Jimmy Saville casts a long shadow and now it extends to data protection, the Data Protection Act 1998 being the latest august and uniformly popular institution (following the BBC, Broadmoor and Margaret Thatcher to name just some) to suffer as a result of his actions. The perennial sight of investigations and public inquiries into historic sex abuse of children in local authority, chiefly arising out of the wider ramifications of Operation Yewtree, has provided a very ready explanation for local authorities for the need to retain child protection data.’

Full story

Panopticon, 23rd July 2015

Source: www.panopticonblog.com

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Posted July 29th, 2015 in appeals, EC law, environmental health, judicial review, news, planning, Supreme Court by sally

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

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OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Foreign criminals drive up house prices by laundering money into property – Daily Telegraph

Posted July 29th, 2015 in money laundering, national crime agency, news by sally

‘Foreign criminals are laundering billions of pounds by purchasing expensive properties – pushing up house prices, the National Crime Agency has said.’
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Daily Telegraph, 24th July 2015

Source: www.telegraph.co.uk

Man jailed after using explicit images of ex-wife in £2m blackmail bid – The Guardian

Posted July 29th, 2015 in blackmail, divorce, news, photography, privacy, sentencing, threatening behaviour by sally

‘A British man who married the daughter of an American billionaire has been jailed for 12 years after plotting to extort £2m from the family by posting sexually explicit photos of her online.’

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The Guardian, 28th July 2015

Source: www.guardian.co.uk

Couple fined £650 for taking sons out of school to visit ill grandfather – The Guardian

Posted July 28th, 2015 in education, fines, local government, news, school children by sally

‘A couple who took their children out of school without permission to visit their sick grandfather overseas have been fined by a magistrates court in Preston.’
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The Guardian, 24th July 2015

Source: www.guardian.co.uk

Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
Full story

Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

Circle the Wagons: They are Coming for the Information Tribunal – Panopticon

Posted July 28th, 2015 in consultations, fees, freedom of information, news, tribunals by sally

‘We all fell for it, didn’t we? If the greatest trick the Devil ever pulled was convincing the world he didn’t exist, then Michael Gove’s may have been to convince everyone that he wasn’t interested in FOIA. His shunting responsibility for FOIA/EIR matters off to the Cabinet Office, and the Cabinet Office’s announcement of the Commission on Freedom of Information (generally staffed by people who publicly don’t much like it), last week has led to a lot of comment and reaction – mostly adverse – from social media, blogs and even the mainstream press.’

Full story

Panopticon, 24th July 2015

Source: www.panopticonblog.com

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

Full story

Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk