‘The High Court has dismissed a second judicial review application by the trade union UNISON against the recent introduction of employment tribunal fees. Lord Justice Elias said that the union had not been able to provide evidence of “any actual instances” of individuals that had been prevented from making a claim by the introduction of fees.’
OUT-LAW.com, 18th December 2014
Source: www.out-law.com
‘The Divisional Court (Lord Justice Elias and Mr Justice Foskett) has dismissed Unison’s second-generation attempt to challenge by judicial review the legality of the Employment Tribunal fees system but gave permission to appeal to the Court of Appeal. The “striking” reduction in claims (79 per cent fewer) presented to Employment Tribunals, Lord Justice Elias accepted, was evidence that the system was “extremely onerous” for people in the position of the hypothetical claimants construed by Unison in their legal argument but “not so burdensome as to render the right illusory” (paragraph 53).’
UK Human Rights Blog, 18th December 2014
Source: www.ukhumanrightsblog.com
‘Two Latvian men have been found guilty of acting as illegal gangmasters, supplying Latvian and Lithuanian workers from the Wisbech area to pick leeks, cabbages, broccoli and flowers, for supermarket supply chains across East Anglia.’
The Guardian, 18th December 2014
Source: www.guardian.co.uk
In re R (A Child) [2014] EWCA Civ 1625; [2014] WLR (D) 539
‘In re B-S (Children) (Adoption Order: Leave to Oppose) [2014] 1 WLR 563 had not been intended to change and had not changed the law; it was primarily directed to practice. Where adoption was in the child’s best interests local authorities were not to shy away from seeking, nor courts from making, care orders with a plan for adoption, placement orders and adoption orders.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘The approach to applications for extensions of time for filing a notice of appeal should be the same as for applications for relief from sanctions and should attract the same rigorous approach.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘Informal visits by the police officers to a registered sex offender’s home seeking entry by consent were in accordance with the law. The scheme for the protection of vulnerable persons from sex offenders as a whole was not disproportionate.’
WLR Daily, 18th December 2014
Source: www.iclr.co.uk
Ng and another v Charalambous and another [2014] EWCA Civ 1604; [2014] WLR (D) 540
‘Section 213 of the Housing Act 2004, as amended, which provided that any tenancy deposit paid to a person in connection with a shorthold tenancy in existence on 6 April 2012 had to be dealt with in accordance with an authorised scheme, was concerned not with the date at which the deposit was received but with the date on which the tenancy was in effect. Where such a deposit was not held in an authorised scheme, having been received before the relevant date, the sanctions for non-compliance in section 215(1) nevertheless applied so as to preclude the landlord from serving on the tenant a valid notice stating that possession was required under section 21 of the Housing Act 1988.’
WLR Daily, 16th December 2014
Source: www.iclr.co.uk
‘On the evidence before the court, the fee scheme imposed under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach the European Union principle of effective access to a court and had not been demonstrated to be indirectly discriminatory to women.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
QRS v Beach and another [2014] EWHC 4189 (QB); [2014] WLR (D) 542
‘In the context of CPR Pts 12 and 13 the term “judgment” was to be read as including any order made by the court when it entered default judgment.’
WLR Daily, 11th December 2014
Source: www.iclr.co.uk
‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’
WLR Daily, 17th December 2014
Source: www.iclr.co.uk
‘Better teamwork, smaller panels and less controversial cases have all been put forward by a seminar attended by Supreme Court justices and other senior judges as reasons for a decline in dissenting judgments at the court.’
Litigation Futures, 19th December 2014
Source: www.litigationfutures.com
‘A gang of people who carried out an “audacious” mortgage fraud worth more than £5m have been jailed.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
‘The home secretary, Theresa May, announced on Thursday that a new domestic abuse offence of “coercive and controlling behaviour” is to be introduced, carrying a penalty of up to five years in prison and a fine.’
The Guardian, 18th December 2014
Source: www.guardian.co.uk
‘Rina Khan walks free from court after being found not guilty of common assault and child cruelty during primary school maths lesson.’
Daily Telegraph, 18th December 2014
Source: www.telegraph.co.uk
‘A man has been jailed for five years for causing the death of a man covered in cling film during a sex game.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
‘Many girls in the criminal justice system are being sexually exploited and some youth offending teams are failing to provide protection for them, independent inspectors have said.’
The Guardian, 19th December 2014
Source: www.guardian.co.uk
‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’
UK Human Rights Blog, 17th December 2014
Source: www.ukhumanrightsblog.com
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