Stress taking its toll on barristers, survey shows – Law Society’s Gazette

Posted May 12th, 2015 in barristers, mental health, news by sally

‘One in eight barristers are “emotionally exhausted” and more than half do not sleep properly. These are among the shocking findings of the most comprehensive survey of barristers’ wellbeing yet conducted, published by the Bar Council today.’

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Law Society Gazette, 11th May 2015

Source: www.lawgazette.co.uk

“Reattribution” after MAP v MFP or “For better, for worse” – Family Law Week

Posted May 12th, 2015 in divorce, financial provision, news by sally

‘Ella Calnan, barrister of Fourteen, considers the future prospects of claims for reattribution of expenditure in financial remedies cases.’

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Family Law week, 8th May 2015

Source: www.familylawweek.co.uk

Chorister awarded £30,000 for damage to her voice – Daily Telegraph

Posted May 12th, 2015 in damages, health, hospitals, medical treatment, negligence, news by sally

‘A pensioner left with a “weak, husky and painful” voice which rendered her unable to sing in a church choir after a botched NHS operation has been awarded £35,000 damages.’

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Daily Telegraph, 11th May 2015

Source: www.telegraph.co.uk

Father jailed for rape of wife and sex assault on daughter, 2 – BBC News

Posted May 12th, 2015 in news, rape, sentencing, sexual offences by sally

‘A father has been jailed for 20 years for sexually assaulting his two-year-old daughter and raping his wife.’

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BBC News, 11th May 2015

Source: www.bbc.co.uk

Brain damaged boy awarded £13m payout from Walsall Manor Hospital – BBC News

Posted May 12th, 2015 in birth, compensation, duty of care, hospitals, news by sally

‘A boy who suffered brain damage at birth has been awarded a £13m-compensation package. The 11-year-old will always have the mind of a six-year-old after his abnormally low sugar levels were not treated, following his birth at Walsall Manor Hospital, West Midlands, in 2003.’

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BBC News, 12th May 2015

Source: www.bbc.co.uk

Home secretary hardens refusal to accept EU resettlement programme – The Guardian

Posted May 12th, 2015 in EC law, immigration, news, quotas, refugees by sally

‘The home secretary, Theresa May, has hardened Britain’s refusal to accept a mandatory European Union refugee quota system being put forward in Brussels this week in response to the Mediterranean migrant boat crisis.’

Full story

The Guardian, 11th May 2015

Source: www.guardian.co.uk

Sam Hallam: The man who spent over seven years in jail for a murder he did not commit – The Independent

Posted May 11th, 2015 in appeals, miscarriage of justice, murder, news, prisons by sally

‘Freed after a miscarriage of justice, Sam Hallam tells Jon Robins about his psychological and legal struggle.’
Full story

The Independent, 9th May 2015

Source: www.independent.co.uk

EVENT: LSE – What Has the Magna Carta Ever Done for Us?

Posted May 11th, 2015 in Forthcoming events by sally

‘What’s so great about the Magna Carta? In all the frenzy of celebration, LSE Law academics will sound a few warnings against hype.’

Date: 1st June 2015, 6.30-8.00pm

Location: Wolfson Theatre, New Academic Building

Charge: Free

More information can be found here.

SS (Congo) and others v Secretary of State for the Home Department – WLR Daily

SS (Congo) and others v Secretary of State for the Home Department [2015] EWCA Civ 387; [2015] WLR (D) 199

‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change – WLR Daily

Posted May 11th, 2015 in contracts, damages, energy, human rights, law reports, time limits by sally

Breyer Group plc and others v Department of Energy and Climate Change; Free Power for Schools LP v Department of Energy and Climate Change; Homesun Holdings Ltd and another v Department of Energy and Climate Change; Touch Solar Ltd v Department of Energy and Climate Change [2015] EWCA Civ 408; [2015] WLR (D) 192

‘Contracts which had been secured might be said to part of the goodwill of a business because they were the product of its past work, and thus capable of amounting to possessions within article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Contracts which the business hoped to secure in the future were no more than that and were merely a potential source of future income which could not amount to possessions under the article.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

Sharpe v Bishop of Worcester (in his corporate capacity) – WLR Daily

Sharpe v Bishop of Worcester (in his corporate capacity) [2015] EWCA Civ 399; [2015] WLR (D) 196

‘In determining the question of whether a person was a “worker” within the meaning of section 43K(1)(a) of the Employment Rights Act 1996, the words “terms on which he is or was engaged to do the work” required the person to have a contract with the person of whom he was said to be a “worker”.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

What is the Human Rights Act and why does Michael Gove want to scrap it? – The Independent

Posted May 11th, 2015 in human rights, news, political parties, treaties by sally

‘The Conservatives’ manifesto says the party wants to scrap the Human Rights Act. David Cameron has appointed Michael Gove, the former education secretary, to be Justice Secretary. This mean he’ll have most of the responsibility for policy over the area.’

Full story

The Independent, 11th May 2015

Source: www.independent.co.uk

Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Reynolds v CLFIS (UK) Ltd and others – WLR Daily

Posted May 11th, 2015 in age discrimination, dismissal, law reports, reasons by sally

Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197

‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) – WLR Daily

Posted May 11th, 2015 in EC law, fees, judicial review, law reports, licensing, sex establishments by sally

Regina (Hemming (trading as Simply Pleasure Ltd) and others) v Westminster City Council (Architects Registration Board and others, intervening) [2015] UKSC 25; [2015] WLR (D) 193

‘A licensing authority was entitled to levy on a successful applicant for the grant or renewal of a licence a charge enabling the authority to recover the full cost of running and enforcing the licensing scheme.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Independent Parliamentary Standards Authority v Information Commissioner and another – WLR Daily

Posted May 11th, 2015 in disclosure, expenses, freedom of information, law reports, parliament by sally

Independent Parliamentary Standards Authority v Information Commissioner and another [2015] EWCA Civ 388; [2015] WLR (D) 194

‘A journalist who, under the Freedom of Information Act 2000, requested information in three invoices submitted by Members of Parliament as expenses claims was entitled to redacted copies of the documents themselves, not merely to a transcript of information contained in those documents, because the transcripts did not provide all the information which the statutory public authority was obliged to disclose to the requester.’

WLR Daily, 28th April 2015

Source: www.iclr.co.uk

University and College Union v University of Stirling – WLR Daily

University and College Union v University of Stirling [2015] UKSC 26; [2015] WLR (D) 188

‘An employee was dismissed as redundant for the purposes of an employer’s duty to consult about proposed collective redundancies if the reason for his dismissal was not something to do with him—such as something he was or something he had done—but was a reason relating to the employer, such as his need to effect business change in some respect.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Snoopers’ Charter: Theresa May’s plan to push ahead with Communications Data Bill sparks online campaign for internet freedom – The Independent

‘Online campaigners have already begun fighting Conservative plans to push ahead with the introduction of sweeping new surveillance powers in what has been dubbed the “Snoopers’ Charter”.’

Full story

The Independent, 10th May 2015

Source: www.independent.co.uk

Why human rights reform could trip up Michael Gove – The Guardian

Posted May 11th, 2015 in bills, human rights, news, political parties by sally

‘Of all the tasks awaiting the new justice secretary – legal aid, building bridges with judges – scrapping the Human Rights Act is by far the trickiest.’
Full story

The Guardian, 11th May 2015

Source: www.guardian.co.uk

Bank Mellat’s $4bn A1P1 claim gathers pace – UK Human Rights Blog

Posted May 11th, 2015 in banking, damages, human rights, news, proportionality, terrorism by sally

‘Two recent judgments underscoring the potential high cost of the UK getting it wrong in its dealing with businesses and hence being liable to pay damages under the Human Rights Act for breach of its A1P1 obligations. Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.’
Full story

UK Human Rights Blog, 9th May 2015

Source: www.ukhumanrightsblog.com