Legal aid immigration case guidance ‘unlawful’ – BBC News
‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’
BBC News, 15th December 2014
Source: www.bbc.co.uk
Category: news
Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog
‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’
UK Human RIghts Blog, 12th December 2014
Source: www.ukhumanrightsblog.com
High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com
‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’
OUT-LAW.com, 15th December 2014
Source: www.out-law.com
What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law
‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’
NIPC Law, 13th December 2014
Source: www.nipclaw.blogspot.co.uk
Suspending belief – Nearly Legal
‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’
Nearly Legal, 14th December 2014
Source: www.nearlylegal.co.uk
Conscious Re-coupling and Succession – Nearly Legal
‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.
Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’
Nearly Legal, 14th December 2014
Source: www.nearlylegal.co.uk/blog/
High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer
‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’
Local Government Lawyer, 12th December 2014
Source: www.localgovernmentlawyer.co.uk
HMRC raid on claims management company was lawful, High Court rules – Litigation Futures
‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’
Litigation Futures, 15th December 2014
Source: www.litigationfutures.com
Solicitors From Hell founder wins surprise High Court victory – Legal Futures
‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’
Legal Futures, 15th December 2014
Source: www.legalfutures.co.uk
Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week
‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’
Family Law Week, 11th December 2014
Source: www.familylawweek.co.uk
DWP urged to publish inquiries on benefit claimant suicides – The Guardian
‘The Department for Work and Pensions has been urged by mental health and disability charities to publish its secret investigations into suicides that may have some link to benefit changes, following revelations that it has carried out internal reviews into 60 such cases.’
The Guardian, 14th December 2014
Source: www.guardian.co.uk
Policing cuts put public safety at risk, warns Met chief – Daily Telegraph
‘The head of the Metropolitan Police has warned that large cuts to police budgets and other services will put public safety at risk.’
Daily Telegraph, 14th December 2014
Source: www.telegraph.co.uk
Terror law reform signals fundamental shift – BBC News
‘Monday sees the return of the government’s Counter Terrorism and Security Bill to the Commons where MPs will get their say on the legislation’s most controversial measure: should ministers be able to ban British citizens from coming home?’
BBC News, 15th December 2014
Source: www.bbc.co.uk
Family of Ben Needham to sue Home Office for funding of police operation – The Guardian
‘Ben Needham’s family is preparing to take the home secretary to court in an attempt to secure funding for British police to pursue suspects who might be linked to the toddler’s disappearance 23 years ago.’
The Guardian, 15th December 2014
Source: www.guardian.co.uk
Mohammed Rafiq, 80, guilty of acid revenge attack on teenage ex – BBC News
‘An 80-year-old man has been convicted of masterminding an acid revenge attack on his teenage ex-lover.’
BBC News, 12th December 2014
Source: www.bbc.co.uk
Tribunal adopts a literal interpretation of the provisions in allowing the taxpayer’s appeal – RPC Tax Take
‘In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.’
RPC Tax Take, 11th December 2014
Source: www.rpc.co.uk
SFO makes first use of Bribery Act in prosecution for fraudulent UCIS – RPC Financial Services Blog
‘Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010. The case hasn’t give us a meaningful judicial interpretation of the Bribery Act, but it does show that the SFO is prepared to use the Act and the case also serves as a further example of the risks of investing through a SIPP into an investment that seems too good to be true.’
RPC Financial Services Blog, 11th December 2014
Source: www.rpc.co.uk
Being Human Event – The Humanity of Judging – Supreme Court
Being Human Event – The Humanity of Judging (YouTube)
Supreme Court, 19th November 2014
High Court judge bemoans “appalling” level of costs in insurance dispute – Litigation Futures
‘A case in which £7m in legal costs were racked up over a dispute worth £904,000 is “an appalling state of affairs which brings no credit to modern commercial litigation”, a High Court judge declared yesterday.’
Litigation Futures, 12th December 2014
Source: www.litigationfutures.com
