Children Public Law Update – Family Law Week
‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’
Family Law Week, 28th May 2015
Source: www.familylawweek.co.uk
Migrants and Maritime Law – BBC Law in Action
‘What does the law say about commercial ship captains’ duty to help those they find in distress at sea? Captain Andy Lewington explains how he, and his 18 man crew, took aboad more than 400 migrants in the seas north of Tripoli earlier this year. And Stephen Fietta a lawyer at Volterra Fietta, explains the legal position.’
BBC Law in Action, 2nd June 2015
Source: www.bbc.co.uk
Peddling tall tales and myths – that’s a human right, isn’t it? – The Guardian
‘From KFC for criminals, to hardcore porn for killers – dodgy stories about the Human Rights Act will always find a home in British newspapers.’
The Guardian, 2nd June 2015
Source: www.guardian.co.uk
EVENT: LSE – Rhetoric and Reality: from Magna Carta to human rights today
‘The Magna Carta, sealed in 1215, has come to stand for the rule of law, curbs on executive power and the freedom to enjoy basic liberties. When the Universal Declaration of Human Rights was adopted by the United Nations in 1948, it was heralded as ‘a Magna Carta for all human-kind’. Yet in the year in which this medieval Charter’s 800th birthday is widely celebrated, the future of the UK’s commitment to international human rights standards is in doubt.’
Date: 10th June 2015, 6.30-8.00pm
Location: Sheikh Zayed Theatre, New Academic Building
Charge: Free
More information can be found here.
International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily
‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Gulati v MGN Ltd – WLR Daily
Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232
‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
Granada Group Ltd v The Law Debenture Pension Trust Corpn plc – WLR Daily
‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Kanu v Southwark London Borough Council (Equality and Human Rights Commission and others intervening); Johnson v Solihull Metropolitan Borough Council (Equality and Human Rights Commission and others intervening) – WLR Daily
‘When considering whether a homeless person had priority need for housing as a “vulnerable” person under section 189(1)(c) of the Housing Act 1996 the correct comparator for assessing vulnerability was an ordinary person if made homeless rather than an ordinary actual homeless person and, in making that assessment, account could be taken of third party support, including support from family members.’
WLR Daily, 13th May 2015
Source: www.iclr.co.uk
R (Luton Borough Council) v Central Bedfordshire Council and others – WLR Daily
‘Paragraph 83 of the National Planning Policy Framework (NPPF”) ((27 March 2012) did not lay down a presumption or create a requirement that the boundaries of the Green Belt had to first be altered via the process for changing a local plan before development might take place on the area in question. Paragraphs 87–88 of the NPPF plainly contemplated that development might be permitted on land within the Green Belt, without the need to change its boundaries in the local plan, provided “very special circumstances” existed.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Littlewoods Ltd and others v Revenue and Customs Commissioners (No 2) – WLR Daily
‘In accordance with a taxpayer’s rights under European Union law, sections 78 and 80 of the Value Added Tax act 1994 would be disapplied to enable the taxpayer to recover more than simple interest by seeking to recover in restitution the time value of sums which they wrongly paid.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily
Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225
‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
HCA International Ltd v Competition and Markets Authority – WLR Daily
HCA International Ltd v Competition and Markets Authority [2015] EWCA Civ 492; [2015] WLR (D) 221
‘The Court of Appeal gave guidance as to the appropriate principles to be applied by a court or tribunal, having quashed a decision by an administrative body, in deciding whether it should remit that decision to be remade by a freshly constituted decision-making body.’
WLR Daily 21st May 2015
Source: www.iclr.co.uk
Macris v Financial Conduct Authority – WLR Daily
Macris v Financial Conduct Authority [2015] EWCA Civ 490; [2015] WLR (D) 219
‘When determining whether, for the purposes of section 393 of the Financial Services and Markets Act 2000, “matters” in a notice issued by the Financial Conduct Authority as against a bank had “identified” a person who was not directly named, a simple objective test was to be applied.’
WLR Daily, 19th May 2015
Source: www.iclr.co.uk
Solicitor jailed for role in £4.3m land-banking scam – Legal Futures
‘A solicitor has been jailed for five and a half years for his role in a £4.3m land-banking scam.’
Legal Futures, 3rd June 2015
Source: www.legalfutures.co.uk
Oliver Sargent death: Safeguarding opportunities missed – BBC News
‘Health professionals missed “several opportunities” to safeguard an 11-month-old boy before he died of a skull fracture inflicted by his father, a serious case review has found.’
BBC News, 2nd June 2015
Source: www.bbc.co.uk
Medieval laws face axe in legal pruning – The Guardian
‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’
The Guardian, 3rd June 2015
Source: www.guardian.co.uk
Woman who sold her ex-husband’s grave space without his knowledge has to pay him £4,000 – Daily Telegraph
‘A woman who sold her ex-husband’s graveyard plot after forging his signature has been ordered to pay him more than £4,000.’
Full story
Daily Telegraph, 2nd June 2015
Source: www.telegraph.co.uk
The Conservative Party’s Proposals for human rights – John Wadham – UK Human Rights Blog
‘End the ability of the European Court of Human Rights to force the UK to change the law. Every judgement that UK law is incompatible with the Convention will be treated as advisory and we will introduce a new Parliamentary procedure to formally consider the judgement.’
UK Human Rights Blog, 2nd June 2015
Source: www.ukhumanrightsblog.com
Retrospectively Validating Steps Taken by a Claimant as Good Alternative Service Under CPR 6.15(2) – if a court finds that there is a single good reason to do so, there is no further discretion not to deem the service good – Zenith PI Blog
‘CPR r.6.15(1) provides that where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by Part 6, the court may make an order permitting service by an alternative method or at an alternative place.’
Full story
Zenith PI Blog, 2nd June 2015
Source: www.zenithpi.wordpress.com
51 year sentence for men in Leeds child sexual exploitation case – CPS News Brief
‘Four men have today been sentenced at Leeds Crown Court to a total of 51 years for child sexual exploitation.’
CPS News Brief, 2nd June 2015
Source: http://blog.cps.gov.uk
