Welcome relief – New Law Journal
‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’
New Law Journal, 17th February 2015
Source: www.newlawjournal.co.uk
Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily
Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69
‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’
WLR Daily, 12th February 2015
Source: www.iclr.co.uk
R (James) v HM Prison Birmingham and others – WLR Daily
R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59
‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
In re Law Society – WLR Daily
In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60
‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’
WLR Daily, 9th February 2015
Source: www.iclr.co.uk
Abuse inquiry should cover whole UK, Home Affairs Committee says – BBC News
‘The government is being urged to extend the scope of the child sexual abuse inquiry to cover the whole of the UK – rather than just England and Wales.’
BBC News, 13th February 2015
Source: www.bbc.co.uk
Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd – WLR Daily
‘Where a court was considering whether a commercial practice amounted to a misleading omission by the omission of material information for the purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008, the court had to consider, particularly where the information omitted concerned alternative products, whether the average consumer could be said to have needed to obtain that information from the trader rather than from elsewhere.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily
In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64
‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 10th February 2015
Source: www.iclr.co.uk
Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily
Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65
‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’
WLR Daily, 12th February 2015
Source: www.iclr.co.uk
Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily
‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’
WLR Daily, 12th February
Source: www.iclr.co.uk
Music dominates High Court copyright disputes – Law Society’s Gazette
‘Pubs playing music and showing football matches without permission are the most frequent subject of copyright cases in the High Court, research by City firm RPC has revealed.’
Law Society’s Gazette, 17th February 2015
Source: www.lawgazette.co.uk
Smoking ban in prisons: Inmate wants access to enforcement hotline – BBC News
‘A prisoner has launched a legal challenge to give inmates the right to report unauthorised smoking in jail.’
BBC News, 12th February 2015
Source: www.bbc.co.uk
Anonymity breakthrough in personal injury claims – Law Society’s Gazette
‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’
Law Society’s Gazette, 17th February 2015
Source: www.lawgazette.co.uk
Legal experts call for English ‘online court’ to handle low-value civil court cases – OUT-LAW.com
‘An online mechanism should be set up to handle low-value civil court cases, with judges removed entirely from the process for the simplest cases, according to a new report.’
OUT-LAW.com, 17th February 2015
Source: www.out-law.com
Patient loses appeal over level of damages for 442-day unlawful detention – Local Government
‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’
Local Government Lawyer, 17th February 2015
Source: www.localgovernmentlawyer.co.uk
Near-drowned woman wins compensation over school swimming lesson – BBC News
‘A woman who nearly drowned during a school swimming lesson when she was 10 years old has won a compensation battle at the High Court.’
BBC News, 17th February 2015
Source: www.bbc.co.uk
Revenge porn: will the new laws make any difference? – Halsbury’s Law Exchange
‘Amidst much fanfare, “revenge porn”: the posting online of sexually explicit photographs of videos of someone without their consent (usually by an ex partner), was stated by the media as being made illegal on 12th February 2015.
Halsbury’s Law Exchange, 17th February 2015
Source: www.halsburyslawexchange.co.uk
Booking.com travel advert cleared by watchdog – BBC News
‘A travel website’s TV advert that used the word “booking” as an apparent substitute for an expletive has been cleared by the advertising watchdog.’
BBC News, 18th February 2015
Source: www.bbc.co.uk
Sir Robert Francis’ Review of Whistleblowing Processes in the NHS – UK Human Rights Blog
‘It has long been recognised that enabling healthcare professionals to speak up about concerns at work is a key element of the promotion of patient safety. The Final Report of the Freedom to Speak Up review of whistleblowing processes in the NHS was published on 11 February 2015.’
UK Human Rights Blog, 16th February 2015
Source: www.ukhumanrightsblog.com
TUPE: property manager was ‘organised grouping of employees’, Court of Appeal rules – OUT-LAW.com
‘A single employee responsible for the management of a company’s property portfolio in the Netherlands was an “organised grouping of employees”, covered by UK employment law protections when the service she provided was outsourced to another company.’
OUT-LAW.com, 17th February 2015
Source: www.out-law.com
