Legal challenge over London garden bridge plans – The Guardian
‘A legal challenge is being launched in the high court against plans to build the garden bridge over the river Thames.’
The Guardian, 17th February 2015
Source: www.guardian.co.uk
Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)? – Family Law Week
‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’
Family Law Week, 12th February 2015
Source: www.familylawweek.co.uk
The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale
The Supreme Court in the United Kingdom Constitution (PDF)
Lecture by Lady Hale
The Bryce Lecture, 5th February 2015
Source: www.supremecourt.uk
The view from the bench (III) – New Law Journal
‘Elizabeth Metliss considers the judicial view of law firms.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
Insurance surgery: Up for the challenge – New Law Journal
‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog
‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’
UK Human Rights Blog, 15th February 2015
Source: www.ukhumanrightsblog.com
Down the Rabbit Hole – Late Reliance under FOIA – Panopticon
‘Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party (although attributing FTT judicial figures to the characters of the Mad Hatter and the Dormouse is beyond me). But one thing that has, since Birkett v DEFRA [2011] EWCA Civ 1606, not generally proved very controversial is the question of late reliance on exemptions; the White Rabbit need have little fear. Birkett made clear that late (usually after the DN and in the course of litigation before the FTT) reliance on substantive exemptions is permissible, subject to case management powers, under the EIR. The unappealed equivalent decision under FOIA, Information Commissioner v Home Office [2011] UKUT 17 (AAC), has generally been assumed to be correct.’
Panopticon, 15th February 2015
Source: www.panopticonblog.com
Commercial Court removes arbitrator over ‘justifiable doubts’ about his impartiality – OUT-LAW.com
‘An arbitrator who failed to disclose his “social and commercial relationships” with one of the parties to a commercial dispute has been removed from the post by a UK court.’
OUT-LAW.com, 13th February 2015
Source: www.out-law.com
Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog
‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’
UK Human Rights Blog,
Source: www.ukhumanrightsblog.com
Zambrano carers and social assistance – NearlyLegal
‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’
NearlyLegal, 12th February 2015
Source: www.nearlylegal.co.uk
Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent
‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’
Full story
The Independent, 15th February 2015
Source: www.independent.co.uk
Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement
‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’
Free Movement, 16th February 2015
Source: www.freemovement.org.uk
Patient death payout by University Hospital of Wales – BBC News
‘A patient’s family who blamed her death on medics’ failure to treat her following major heart surgery has received a compensation payout after taking the case to London’s High Court.’
BBC News, 13th February 2015
Source: www.bbc.co.uk
Met agrees final settlement in Carol Howard discrimination case – BBC News
‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’
BBC News, 14th February 2015
Source: www.bbc.co.uk
Fred Talbot guilty of indecently assaulting two teenage boys – The Guardian
‘The former television weatherman Fred Talbot has been convicted of indecently assaulting two teenage boys when he was a teacher.’
The Guardian, 13th February 2015
Source: www.guardian.co.uk
Tax authorities should prosecute evaders, says Keir Starmer – The Guardian
‘Criminal prosecution for tax evasion should become the default position of the tax authorities, Keir Starmer, the former director of public prosecutions, has said, as HM Revenue and Customs came under further scrutiny over whether it responded to an email from a French whistleblower setting out details of the scale of tax evasion by HSBC.’
Full story
The Guardian, 13th February 2015
Source: www.guardian.co.uk
Baby P’s mother back in jail ‘for naked pictures’ – The Independent
‘Baby P’s mother is back in prison after allegedly selling pornographic photographs of herself online.’
The Independent, 15th February 2015
Source: www.independent.co.uk
Tina Love jailed over Butlins nose-bite panto attack – BBC News
‘A woman who bit off part of another woman’s nose at Butlins during a children’s pantomime has been jailed.’
BBC News, 13th February 2015
Source: www.bbc.co.uk
Judge refuses mother’s plea to treat terminally-ill son, saying he should be allowed to die – Daily Telegraph
‘Court of Protection rules that specialists can lawfully stop providing chemotherapy to terminally-ill teenager.’
Daily Telegraph, 14th February 2015
Source: www.telegraph.co.uk
