European court: asking asylum seekers to prove sexuality is breach of human rights – Daily Telegraph

Posted December 3rd, 2014 in asylum, EC law, homosexuality, human rights, news, proof by sally

‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’

Full story

Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Jimmy Mubenga’s final moments acted out before Old Bailey jury – The Guardian

Posted December 3rd, 2014 in aircraft, airports, deportation, homicide, news, police, restraint, trials by sally

‘The wife of an Angolan man who died as he was being deported from the UK broke down in court as a G4S guard described her husband’s last moments.’

Full story

The Guardian, 2nd December 2014

Source: www.guardian.co.uk

109 women prosecuted for false rape claims over the last five years – Daily Telegraph

‘A number of women who report rapes are being ‘aggressively prosecuted’ by the police for perverting the course of justice, according to campaign group Women Against Rape.’

Full story

Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Why do we ignore the mental health aspects of crime? – BBC News

‘When 16-year-old Will Cornick admitted murdering the schoolteacher Ann Maguire, the reaction was one of shock and bewilderment.’

Full story

BBC News, 3rd December 2014

Source: www.bbc.co.uk

Couple launch legal challenge against ban on heterosexual civil partnerships – The Guardian

‘Rebecca Steinfeld and Charles Keidan launch judicial review after trying to hold ceremony at town hall and being turned away.’

Full story

The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Jimmy Savile paedophile scandal has created ‘non-stop’ flow of sex abuse cases, judges tell Chris Grayling – Daily Telegraph

Posted December 3rd, 2014 in BBC, child abuse, hospitals, murder, news, prisons, sexual offences by sally

‘Chris Grayling, the Justice Secretary, says huge spike in sex offence cases since former BBC DJ’s crimes were exposed has put added pressure on prison service.’

Full story

Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Rise in racist, religious and homophobic hate crimes in London – The Independent

‘Hate crimes motivated by racism, religion and homophobia have significantly increased in London over the past year, a new report has warned.’

Full story

The Independent, 2nd December 2014

Source: www.independent.co.uk

Weight-loss ad featuring ex-Coronation Street star Denise Welch banned – The Guardian

Posted December 3rd, 2014 in advertising, health, news, obesity, regulations by sally

‘An advert for the weight loss programme LighterLife featuring former Coronation Street and Loose Women star Denise Welch has been banned after the actor lost weight more quickly than regulations deem to be safe.’

Full story

The Guardian, 3rd December 2014

Source: www.guardian.co.uk

John Catt Brighton ‘extremism’ case at Supreme Court – BBC News

Posted December 2nd, 2014 in data protection, news, police, privacy, Supreme Court by sally

‘A decision that a Brighton peace activist’s details can be removed from an extremism database is being challenged in the UK’s highest court.’

Full story

BBC News, 2nd December 2014

Source: www.bbc.co.uk

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) – WLR Daily

Posted December 2nd, 2014 in contracts, fraud, gambling, law reports by sally

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504

‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’

WLR Daily, 8th October 2014

Source: www.iclr.co.uk

Osman and another v Natt and another – WLR Daily

Posted December 2nd, 2014 in appeals, enfranchisement, landlord & tenant, law reports, leases, notification by sally

Osman and another v Natt and another [2014] EWCA Civ 1520; [2014] WLR (D) 505

‘On its proper interpretation the statutory scheme of the Leasehold Reform, Housing and Urban Development Act 1993 required the court to hold that a purported notice under section 13 claiming the right to collective enfranchisement was invalid by virtue of the non-compliance with section 13(3)(e) in failing to identify all the qualifying tenants and to state their addresses in the property. The intention of the legislature as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina v Brennan – WLR Daily

Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502

‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

Regina (J) v Worcestershire County Council (Equality and Human Rights Commission intervening) – WLR Daily

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

Regina (J) v Worcestershire County Council (Equality and Human Rights Commission intervening) [2014] EWCA Civ 1518; [2014] WLR (D) 503

‘A local authority’s power to provide services to children in need under section 17 of the Children Act 1989 was not limited to children who were physically present in the local authority’s area at the time when the services were provided but extended to the provision of services to children who, although physically present at the time of assessment as children in need, were outside the area at the time of provision.’

WLR Daily, 25th November 2014

Source: www.iclr.co.uk

Regina (GE) (Eritrea) v Secretary of State for the Home Department and another – WLR Daily

Posted December 2nd, 2014 in appeals, asylum, children, law reports, social services by sally

Regina (GE) (Eritrea) v Secretary of State for the Home Department and another [2014] EWCA Civ 1490; [2014] WLR (D) 500

‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

Yapp v Foreign and Commonwealth Office – WLR Daily

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