Senior Costs Judge: bids for adjournments based on Coventry receiving “short shrift” – Litigation Futures

Posted October 30th, 2014 in adjournment, costs, judges, news by sally

‘Applications for adjournments of costs assessment until the Supreme Court’s decision in Coventry v Lawrence are rightly being given “short shrift”, the Senior Costs Judge has said.’

Full story

Litigation Futures, 30th October 2014

Source: www.litigationfutures.com

Probation union launches legal challenge over government reforms – BBC News

Posted October 30th, 2014 in contracting out, news, probation, trade unions by sally

‘A legal challenge to government plans to privatise some probation services in England and Wales has been launched by the probation officers’ union Napo.’

Full story

BBC News, 30th October 2014

Source: www.bbc.co.uk

Judicial reviews against government up 92% since 2010 – Law Society’s Gazette

Posted October 30th, 2014 in government departments, judicial review, news, statistics by sally

‘The number of judicial reviews involving government departments has almost doubled since 2010, the government has revealed.’

Full story

Law Society’s Gazette, 29th October 2014

Source: www.lawgazette.co.uk

Pensions Regulator fines first employers for breaches of automatic enrolment duties – OUT-LAW.com

Posted October 30th, 2014 in employment, enforcement, fines, news, pensions, reports by sally

‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’

Full story

OUT-LAW.com, 29th October 2014

Source: www.out-law.com

Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

Full story

Panopticon, 29th October 2014

Source: www.panopticonblog.com

Consultation duty gets to the Supreme Court – UK Human Rights Blog

Posted October 30th, 2014 in appeals, consultations, local government, news, Supreme Court, taxation by sally

‘Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation?’

Full story

UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

Q&A: Probation reforms explained – BBC News

Posted October 30th, 2014 in charities, contracting out, news, probation, rehabilitation by sally

‘In June the government put into force plans to change the way the probation service runs, and forged ahead with proposals to privatise parts of it. But why are some people unhappy about this?’

Full story

BBC News, 29th October 2014

Source: www.bbc.co.uk

Badger cull protesters lose legal battle – Daily Telegraph

Posted October 30th, 2014 in agriculture, animals, appeals, environmental health, news, pilot schemes by sally

‘Court of Appeal judges dismiss campaigners’ claim Government acting unlawfully by allowing latest badger culls to go ahead without monitoring by independent expert panel.’

Full story

Daily Telegraph, 29th October 2014

Source: www.telegraph.co.uk

Punitive drug law enforcement failing, says Home Office study – The Guardian

Posted October 30th, 2014 in crime, drug abuse, drug offences, enforcement, evidence, health, news, reports by sally

‘There is no evidence that tough enforcement of the drug laws on personal possession leads to lower levels of drug use, according to the government’s first evidence-based study.’

Full story

The Guardian, 30th October 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2014 in legislation by sally

The Care and Support (Continuity of Care) Regulations 2014

The Local Audit (Auditor Panel Independence) Regulations 2014

Bishops and Priests (Consecration and Ordination of Women) Measure 2014

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment) Order 2014

The Immigration (Removal of Family Members) Regulations 2014

The National Minimum Wage (Amendment) (No. 3) Regulations 2014

The Care and Support (Provision of Health Services) Regulations 2014

The Care and Support (Market Oversight Information) Regulations 2014

The Care and Support (Discharge of Hospital Patients) Regulations 2014

The Care and Support (Ordinary Residence) (Specified Accommodation) Regulations 2014

The Care and Support (Disputes Between Local Authorities) Regulations 2014

The Insurance Premium Tax (Non-taxable Insurance Contracts) Order 2014

The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014

The Care and Support (Independent Advocacy Support) Regulations 2014

The Care and Support (Assessment) Regulations 2014

The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2014

The Immigration Services Commissioner (Application Fee) (Amendment) Order 2014

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Halawi v WDFG UK Ltd (t/a World Duty Free) [2014] EWCA Civ 1387 (28 October 2014)

Chalfont St Peter Parish Council v Chiltern District Council [2014] EWCA Civ 1393 (28 October 2014)

Recall Support Services Ltd & Ors v Secretary of State for Culture, Media And Sport [2014] EWCA Civ 1370 (28 October 2014)

High Court (Administrative Court)

Cheshire East Council v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3536 (Admin) (28 October 2014)

Mensah v Salford City Council [2014] EWHC 3537 (Admin) (28 October 2014)

Samuel Smith Old Brewery (Tadcaster) v Selby District Council [2014] EWHC 3441 (Admin) (27 October 2014)

High Court (Queen’s Bench Division)

Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 3405 (QB) (21 October 2014)

Kelly v Ministry Of Justice [2014] EWHC 3440 (QB) (20 October 2014)

Hamaizia & Anor v The Commissioner of Police for the Metropolis [2014] EWHC 3408 (QB) (21 October 2014)

Coulson & Ors v Wilby [2014] EWHC 3404 (QB) (21 October 2014)

Novartis Pharmaceuticals UK Ltd & Ors v Stop Huntingdon Animal Cruelty & Ors [2014] EWHC 3429 (QB) (27 October 2014)

High Court (Chancery Division)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3513 (Ch) (28 October 2014)

The Co-Operative Bank Plc v Phillips [2014] EWHC 3545 (Ch) (28 October 2014)

Emerald Supplies Ltd & Ors v British Airways Plc & Ors [2014] EWHC 3514 (Ch) (28 October 2014)

High Court (Family Division)

A And B (Children: Brussels II Revised: Article 15) V [2014] EWHC 3516 (Fam) (23 October 2014)

London Borough of Croydon v S & Anor [2014] EWHC 3550 (Fam) (09 October 2014)

Quan v Bray & Ors [2014] EWHC 3340 (Fam) (27 October 2014)

Source: www.bailii.org

Voyeur teacher Gareth Williams has jail term cut – BBC News

Posted October 29th, 2014 in appeals, news, sentencing, teachers, video recordings, voyeurism by sally

‘A Cardiff deputy head teacher who secretly filmed pupils going to the toilet has had his “manifestly excessive” five-year jail term cut to four by the Court of Appeal.’

Full story

BBC News, 28th October 2014

Source: www.bbc.co.uk

High security prisoners offered academic course to learn about ’causes of crime’ – Daily Telegraph

Posted October 29th, 2014 in news, prisons, rehabilitation, universities by sally

‘Academics from Durham University will teach criminology to prisoners and students inside Category ‘A’ jail.’

Full story

Daily Telegraph, 29th October 2014

Source: www.telegraph.co.uk

Single mother-of-five made homeless by benefits cap turns to Supreme Court over Westminster Council’s attempts at ‘social cleansing’ – The Independent

Posted October 29th, 2014 in appeals, benefits, families, homelessness, housing, news, Supreme Court by sally

‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’

Full story

The Independent, 29th October 2014

Source: www.independent.co.uk

Ministers to consult over mandatory abuse reporting – BBC News

Posted October 29th, 2014 in child abuse, consultations, news by sally

‘The government is to undertake a public consultation into whether the reporting of child abuse by regulated bodies should be made mandatory.’

Full story

BBC News, 29th October 2014

Source: www.bbc.co.uk

Chris Huhne loses legal costs appeal – The Guardian

Posted October 29th, 2014 in appeals, costs, news, perverting the course of justice, road traffic offences by sally

‘Former cabinet minister Chris Huhne has lost a challenge against an order that he must pay £77,750 costs from his prosecution for passing speeding points to his ex-wife.’

Full story

The Guardian, 28th October 2014

Source: www.guardian.co.uk

Naked Rambler loses at European court over right to public nudity – The Guardian

‘A man known as the Naked Rambler has lost his case at the European court of human rights where, he claimed he had a right to bare all in public.’

Full story

The Guardian, 28th October 2014

Source: www.guardian.co.uk

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 28th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1386; [2014] WLR (D) 448

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’

WLR Daily, 24th October 2014

Source: www.iclr.co.uk

Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily

Posted October 28th, 2014 in appeals, fraud, land registration, law reports, mortgages, Supreme Court by sally

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) [2014] UKSC 52; [2014] WLR (D) 447

‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk