Yapp v Foreign and Commonwealth Office – WLR Daily

Posted December 2nd, 2014 in appeals, contract of employment, diplomats, disciplinary procedures, duty of care, law reports by sally

Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501

‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

Police apology over caution for woman who burned taxi driver’s turban – BBC News

Posted December 2nd, 2014 in assault, cautions, crime, news, police, Sikhism, taxis by sally

‘Police have apologised after a woman who tore off a Sikh taxi driver’s turban and burned it in front of him, was given a caution.’

Full story

BBC News, 2nd December 2014

Source: www.bbc.co.uk

In re APCOA Parking Holdings GmbH and others – WLR Daily

Posted December 2nd, 2014 in company law, jurisdiction, law reports, news, schemes of arrangement by sally

In re APCOA Parking Holdings GmbH and others [2014] EWHC 3849 (Ch); [2014] WLR (D) 499

‘The court had jurisdiction to sanction a scheme of arrangement pursuant to Part 26 of the Companies Act 2006 where, pursuant to a change of law clause in a facilities agreement governing the indebtedness of the scheme companies, a change of governing law to English law had been effected, even though the parties were incorporated in another jurisdiction and had COMI in another jurisdiction. The change of law was valid even where the original choice of law was the foundation for access to the processes and provisions of the new law chosen and those processes and provisions enabled the same parties as objected to the change of law to be placed under compulsion to accept some further change in their existing contractual rights.’

WLR Daily, 19th November 2014

Source: www.iclr.co.uk

Galiazia v Governor of HMP Hewell and others – WLR Daily

Posted December 2nd, 2014 in law reports, release on licence, remand, sentencing by sally

Galiazia v Governor of HMP Hewell and others [2014] EWHC 3427 (Admin); [2014] WLR (D) 509

‘Section 240ZA(3) of the Criminal Justice Act 2003, as inserted, allowed time on remand to be counted only against time spent in custody and it could not be credited to reduce time spent on licence.’

WLR Daily, 23rd November 2014

Source: www.iclr.co.uk

Nakhla v General Medical Council – WLR Daily

Posted December 2nd, 2014 in appeals, doctors, education, law reports by sally

Nakhla v General Medical Council [2014] EWCA Civ 1522; [2014] WLR (D) 510

‘In considering whether a foreign-trained surgeon had satisfied the relevant requirements, as to training and experience, for registration as a specialist, where such registration was a necessary precondition for permanent appointment as an NHS consultant, careful attention was to be given to the qualifications and experience relied upon, in particular with regard to article 8(2) of the Postgraduate Medical Education and Training Order of Council 2010.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Regina (C1 and another) v Hackney London Borough Council – WLR Daily

Posted December 2nd, 2014 in children, housing, law reports, local government by sally

Regina (C1 and another) v Hackney London Borough Council [2014] EWHC 3670 (Admin); [2014] WLR (D) 507

‘The system by which one local authority handling local government responsibilities could, under section 27 of the Children Act 1989 and with mandatory effect, request another authority to assist in relation to housing did not apply as between departments within the same local authority.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Nayif v High Commission of Brunei Darrusalam – WLR Daily

Posted December 2nd, 2014 in appeals, employment tribunals, estoppel, law reports by sally

Nayif v High Commission of Brunei Darrusalam [2014] EWCA Civ 1521; [2014] WLR (D) 508

‘Issue estoppel would not apply in circumstances where there had been no actual adjudication of the relevant issue and no action by a party which would justify treating him as having consented to not having the matter formally determined.’

WLR Daily, 27th November 2014

SOurce: www.iclr.co.uk

Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog

Posted December 2nd, 2014 in appeals, costs, EC law, environmental protection, human rights, judicial review, news, planning, treaties by sally

‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’

Full story

UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

Dyson: miscarriages of justice likely since LASPO – Law Society’s Gazette

Posted December 2nd, 2014 in case management, legal aid, litigants in person, miscarriage of justice, news, select committees by sally

‘Master of the rolls Lord Dyson has told MPs that an increase in litigants in person has caused miscarriages of justice.’

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Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

Requiring candidates to have a PhD may be discriminatory – Technology Law Update

Posted December 2nd, 2014 in age discrimination, appeals, education, employment tribunals, news by sally

‘The Employment Appeal Tribunal has recently addressed an issue that is of particular interest to technology companies: could making a PhD an absolute requirement when recruiting be indirectly discriminatory against older applicants? Unfortunately the EAT did not come up with a definitive answer, but in the best academic tradition, it has reformulated the question.’

Full story

Technology Law Update, 2nd December 2014

Source: www.technology-law-blog.co.uk

Mother in High Court challenge against NHS ombudsman – BBC News

Posted December 2nd, 2014 in cancer, complaints, health, medical records, news, ombudsmen by sally

‘The mother of a young woman who died in hospital is challenging the Parliamentary and Health Services Ombudsman (PHSO) in the High Court.’

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BBC News, 2nd December 2014

Source: www.bbc.co.uk

Crown court fees – Law Society’s Gazette

Posted December 2nd, 2014 in courts, Crown Court, fees, news, trials by sally

‘The first change relates to cases when the defendant elected trial and solicitors had been restricted to the fixed fee, even though the Crown did not proceed at all, and the defendant is acquitted on the order of a judge. In these cases, provided the case goes beyond the plea and case management hearing, a cracked trial fee will be paid.’

Full story

Law Society’s Gazette, 1st December 2014

Source: www.lawgazette.co.uk

An immigration lawyer reviews Paddington – Free Movement

Posted December 2nd, 2014 in asylum, crime, immigration, news, refugees by sally

‘Law is pretty abstract. Unlike the role of a doctor or a builder, that of a lawyer is difficult to explain to a young mind. When my children eventually ask me about what I do when I “work” (confusingly simultaneously a place I seem to go to and a thing I do at home; either takes me away from them) my plan is to explain that I help strangers from far off places find new homes. Like Paddington Bear.’

Full story

Free Movement, 1st December 2014

Source: www.freemovement.org.uk

Advertising regulator warns firms over ‘unclear’ commercial content in video blogs – OUT-LAW.com

Posted December 2nd, 2014 in advertising, internet, news by sally

‘The UK’s advertising watchdog has told companies that they must be “up front and clear” with audiences when products are promoted online, such as in video blogs (vlogs).’

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OUT-LAW.com, 1st December 2014

Source: www.out-law.com

Inherently Uncertain: Is there authority for that? Questions over Birmingham’s Grooming Injunctions – UK Human Rights Blog

Posted December 2nd, 2014 in children, injunctions, news, sexual grooming, social services by sally

‘Over the last month Mr Justice Keehan has made a series of injunctions at the behest of Birmingham City Council designed to protect a vulnerable child in care from being groomed. It seems that the Orders are of such breadth that they are believed to have entered uncharted territory but there are questions whether there is any authority for this development.’

Full story

UK Human Rights Blog, 1st December 2014

Source: www.ukhumanrightsblog.com

Nurse faked having baby by ‘borrowing’ friend’s child – Daily Telegraph

Posted December 2nd, 2014 in birth, forgery, fraud, imprisonment, news, nurses, sentencing by sally

‘Court hears how Charmaine Wilson tricked Liam Griffiths into believing drunken one-night stand led to the birth of a baby boy’

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Daily Telegraph, 1st December 2014

Source: www.telegraph.co.uk

Deepcut soldier Cheryl James’ family in body exhumation plea – BBC News

Posted December 2nd, 2014 in armed forces, bullying, burials and cremation, inquests, news, young persons by sally

‘Lawyers for the family of a soldier who died at Deepcut Barracks have asked a judge to request her body’s exhumation.’

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BBC News, 1st December 2014

Source: www.bbc.co.uk

Rolf Harris gives up attempt to overturn sexual assault convictions – The Guardian

Posted December 2nd, 2014 in appeals, news, sexual offences by sally

‘Rolf Harris has abandoned his push to appeal 12 convictions for sexually assaulting four girls in the UK.’

Full story

The Guardian, 1st December 2014

Source: www.guardian.co.uk

A long list of sex acts just got banned in UK porn – The Independent

Posted December 2nd, 2014 in media, news, pornography by sally

‘Pornography produced in the UK was quietly censored today through an amendment to the 2003 Communications Act, and the measures appear to take aim at female pleasure.’

Full story

The Independent, 2nd December 2014

Source: www.independent.co.uk

Pre-charge bail: Everything you need to know about the campaign to close a ‘legal limbo’ loophole – Daily Telegraph

Posted December 2nd, 2014 in bail, evidence, investigatory powers, news, police, time limits by sally

‘Former ministers, MPs and lawyers have signed a letter to The Telegraph demanding reform of the controversial pre-charge bail measure. Here’s what you need to know.’

Full story

Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk