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

Posted May 11th, 2015 in families, human rights, immigration, law reports, ministers' powers and duties, proportionality, remuneration by sally

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

Posted May 11th, 2015 in clergy, constructive dismissal, contract of employment, law reports, unfair dismissal, whistleblowers by sally

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

Posted May 11th, 2015 in consultations, dismissal, law reports, redundancy, trade unions, transfer of undertakings, universities by sally

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

Posted May 11th, 2015 in bills, electronic mail, internet, investigatory powers, news, political parties by sally

‘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

Delays in Court of Protection ‘readily tolerated’ – Munby – Law Society’s Gazette

Posted May 11th, 2015 in case management, Court of Protection, delay, news by sally

‘The president of the Family Division has bemoaned what he called ‘systemic failures’ in Court of Protection procedures causing cases to take years to reach full hearing.’
Full story

Law Society’s Gazette, 8th May 2015

Source: www.lawgazette.co.uk

Participation in an illegal joint enterprise is not a bar to recovery in a claim for personal injury – Zenith PI Blog

Posted May 11th, 2015 in ex turpi causa, illegality, joint enterprise, negligence, news, personal injuries by sally

‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’

Full story

Zenith PI Blog, 8th May 2015

Source: www.zenithpi.wordpress.com

Jackson: Lawyers must say “bluntly” if claim has no prospect of success – Litigation Futures

Posted May 11th, 2015 in law firms, limitations, negligence, news, personal injuries by sally

‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
Full story

Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

Director jailed for abusing paramedic on stag do – Daily Telegraph

Posted May 11th, 2015 in assault, news, paramedics, public order, sentencing by sally

‘Court hears 33-year-old James Richardson grabbed Samantha Dalton, 36, when she found him face down and unresponsive.’

Full story

Daily Telegraph, 8th May 2015

Source: www.telegraph.co.uk

Conservative manifesto commitments on immigration, the EU and human rights – Free Movement

Posted May 11th, 2015 in EC law, freedom of movement, human rights, immigration, news, political parties by sally

‘Standing at the door to No 10, David Cameron stated that he would form a majority government and implement the Conservative Party manifesto “in full”. The moderating influence of the Liberal Democrats has been extinguished. The nationalist isolationism of the Scots and the SNP renders them irrelevant in UK politics for the next five years. Meanwhile, the disaffected UKIP vote wounded Labour, not the Conservatives, piling pressure on the next Labour leader to address UKIP concerns more directly than Ed Miliband. What does all this mean for immigration law over the next five years?’

Full story

Free Movement, 8th May 2015

Source: www.freemovement.org.uk

Judge blasts warring parents for damaging young sons – Daily Telegraph

Posted May 11th, 2015 in contact orders, divorce, families, news by sally

‘Family court judge says while each parent is devoted to their sons, the boys are “the most unfortunate children” because the estranged couple are unable to contain their hatred for each other’

Full story

Daily Telegraph, 8th May 2015

Source: www.telegraph.co.uk

George Galloway launches legal challenge to his election defeat in Bradford West – The Independent

Posted May 11th, 2015 in complaints, elections, news, political parties by sally

‘Former MP George Galloway is to mount a legal challenge against his general election defeat, he has said.’

Full story

The Independent, 11th May 2015

Source: www.independent.co.uk

Michael Gove to proceed with Tories’ plans to scrap human rights act – The Guardian

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

‘Michael Gove, the new justice secretary, is to press ahead with plans to scrap the Human Rights Act which could see Britain pull out of the European convention on human rights (ECHR) if the reforms are rejected by Strasbourg.’

Full story

The Guardian, 10th May 2015

Source: www.guardian.co.uk