Best interests of children in immigration cases – Free Movement

Posted May 15th, 2015 in children, detention, immigration, news by sally

‘Those working with migrant children have known this all along, but in March we had some official confirmation from a Parliamentary committee: the situation of migrant children in the UK is getting worse, not better.’

Full story

Free Movement, 14th May 2015

Source: www.freemovement.org.uk

Business claiming ‘passing off’ must have UK customers before it can sue in UK, says Supreme Court – OUT-LAw.com

Posted May 15th, 2015 in foreign jurisdictions, media, news, Supreme Court, trade marks, trade names by sally

‘The Hong Kong-based provider of internet TV subscription service NOW TV could not prevent Sky using the same name for a similar service in the UK because it did not have a UK customer base, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 14th May 2015

Source: www.out-law.com

HRA Watch: Reform, Repeal, Replace? Tobias Lock: Legal implications of human rights reform in the UK – UK Constitutional Law Association

Posted May 15th, 2015 in constitutional law, devolution, news, treaties by sally

‘The return of a majority Conservative government in last week’s general election in the UK has made the Conservative Party’s plans for reforming human rights law in the United Kingdom a likely prospect. It is recalled that on 3 October 2014, the Conservative Party published its policy document ‘Protecting Human Rights in the UK’ which sets out its proposal to repeal the Human Rights Act 1998 (HRA) and replace it with a new British Bill of Rights. In addition, the policy document also raised the prospect that the UK might withdraw from the European Convention on Human Rights (ECHR).’

Full story

UK Constitutional Law Association, 15th May 2015

Source: www.ukconstitutionallaw.org/blog

Appeal court upholds strike-out of litigant-in-person’s claim over non-compliance – Litigation Futures

‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Judges unveil streamlined trial procedures for commercial cases – Litigation Futures

‘A committee of High Court judges, joined by a leading QC and City solicitor, has revealed its recommendations for faster trials of commercial disputes.’

Full story

Litigation Futures, 15th May 2015

Source: www.litigationfutures.com

Tell us your experience of the legal services regulators – Legal Services Board

‘The Legal Services Board (LSB) is launching a survey today inviting views from anybody and any firm that has been in contact with one of the eight legal services regulators in England and Wales.’

Full press release

Legal Services Board, 14th May 2015

Source: www.legalservicesboard.org.uk

BSB seeks power to shut down chambers – Legal Futures

‘The Bar Standards Board (BSB) has proposed that it should be given, for the first time, the power to intervene in barristers’ practices and chambers.’

Full story

Legal Futures, 15th May 2015

Source: www.legalfutures.co.uk

Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in budgets, case management, costs, speeches by sally

‘Harbour Lecture by Lord Justice Dyson MR: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Codes of practice for the acquisition, disclosure and retention of communications data – Home Office

‘Guidance on the procedures that should be followed when the communications data is accessed or disclosed under RIPA, or retained under DRIPA or the ATCSA.’

Full press release

Home Office, 15th May 2015

Source: www.gov.uk/home-office

Harbour Lecture by Lord Justice Jackson: Confronting Costs Management – Courts and Tribunals Judiciary

Posted May 15th, 2015 in case management, costs, lectures by sally

‘Harbour Lecture by Lord Justice Jackson: Confronting Costs Management.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Speech by Lord Justice Geoffrey Vos: Presentation to the Conference in Brno Czech Republic – Courts and Tribunals Judiciary

Posted May 15th, 2015 in judiciary, speeches by sally

‘Speech by Lord Justice Geoffrey Vos: Presentation to the Conference in Brno Czech Republic.’

Full speech

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Court exceeded its power in ordering publication of Charles memos – Straw – The Guardian

‘Jack Straw, a former Labour cabinet minister and one of the architects of the Freedom of Information Act, has said that the Prince of Wales’s memos to ministers should have remained secret and that the supreme court exceeded its power in backing the Guardian’s fight for publication.’

Full story

The Guardian, 14th May 2015

Source: www.guardian.co.uk

Boy who suffered brain damage due to Harrogate hospital failings to get £10m – The Guardian

Posted May 15th, 2015 in birth, compensation, hospitals, negligence, news, personal injuries by sally

‘A six-year-old boy with cerebral palsy is to receive a £10m care and rehabilitation package from Harrogate and district NHS foundation trust after it admitted failing to provide proper care during his birth that resulted in devastating neurological injuries.’

Full story

The Guardian, 14th May 2015

Source: www.guardian.co.uk

Woman who gave friend gas she used to kill herself found not guilty of assisting suicide – The Independent

Posted May 15th, 2015 in assisted suicide, assisting offenders, news, suicide by sally

‘A woman who supplied a friend with the gas she used to kill herself has been cleared of assisting suicide.’

Full story

The Independent, 14th May 2015

Source: www.independent.co.uk

Lorry driver who killed cyclist after running a red light jailed for three years – The Independent

Posted May 15th, 2015 in dangerous driving, guilty pleas, news, sentencing by sally

‘A “cavalier” lorry driver who ran a red light before killing a cyclist has been jailed for three-and-a-half years and given a 10-year driving ban.’

Full story

The Independent, 14th May 2015

Source: www.independent.co.uk

A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by sally

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

Full story

Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

Vulnerability – a fresh start – Nearly Legal

Posted May 14th, 2015 in appeals, equality, homelessness, local government, news, Supreme Court by sally

‘The thing about the Supreme Court is that all those years of accrued, encrusted High Court and Court of Appeal case law just don’t matter. If the Supreme Court thinks otherwise, they are so much chaff. And so, to some extent, it proved to be in these joined appeals, where the issue was the meaning of vulnerability in s.189(1)(c) Housing Act 1996.’

Full story

Nearly Legal, 13th May 2015

Source: www.nearlylegal.co.uk

Supreme Court overturns key test on homeless people and vulnerability – Local Government Lawyer

Posted May 14th, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘The Supreme Court has today issued a landmark ruling in three linked appeals over when homeless people are to be considered “vulnerable” under the Housing Act 1996 and therefore in priority need.’

Full story

Local Government Lawyer, 13th May 2015

Source: www.localgovernmentlawyer.co.uk

Lord Chief Justice’s Statutory Delegations – Courts and Tribunals Judiciary

Posted May 14th, 2015 in courts, judiciary, news by sally

‘The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions.’

Full text

Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Jackson: costs management is here to stay – Law Society’s Gazette

Posted May 14th, 2015 in budgets, case management, costs, news by sally

‘The architect of controversial costs management reforms has returned to the subject to insist his changes will not be watered down.’

Full story

Law Society’s Gazette, 14th May 2015

Source: www.lawgazette.co.uk