‘Further guidance on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 16th October 2014
Source: www.iclr.co.uk
‘Where an applicant applied to the Secretary of State only for definite leave to remain, pursuant to section 3(1)(b) of the Immigration Act 1971, but made no request for indefinite leave to remain, and provided no material in support of the application specifically directed at an application for indefinite leave to remain, or which pointed to any disadvantage associated with the grant of discretionary leave to remain as opposed to indefinite leave to remain, the Secretary of State had no positive duty to consider what might support the granting of indefinite leave to remain.’
WLR Daily, 16th October 2014
Source: www.iclr.co.uk
‘After the turbulence of the past year, provoked primarily by the Mitchell case [2014] 1WLR 795, we all surely know about relief from sanctions – but do we?’
Zenith PI Blog, 22nd October 2014
Source: www.zenithpi.wordpress.com
‘A recently retired High Court judge has said he thinks government cuts to the legal system have gone too far.’
BBC News, 22nd October 2014
Source: www.bbc.co.uk
‘The Solicitors Regulation Authority (SRA) has pledged to scrap its requirement for solicitors to complete 16 hours of continuing professional development (CPD), describing its existing system as little more than a “box ticking” exercise. The SRA believes revoking the current system will provide greater flexibility, but Nicholas Lakeland, partner and head of the employment and pensions team at Silverman Sherliker LLP, fears it may well lead to a real reduction in training.’
The Future of Law, 22nd October 2014
Source: www.blogs.lexisnexis.co.uk
‘Companies hoping to have a default judgment against them set aside must be sure to act quickly, an expert has said, after a recent court decision confirmed what courts must consider when considering an application.’
OUT-LAW.com, 22nd October 2014
Source: www.out-law.com
‘The issues that arose before the Court of Protection in this case encapsulate the difficulties involved in applying legal tools to the organic swamp of human pathology. Everything that one may envisage, for example, in planning a “living will” (or, more precisely, an Advance Decision under the Mental Capacity Act), may have no application at the critical time because the human body – or rather the way it falls apart – does not fit in to neat legal categories. In such a situation it is often the right to autonomy that is most at risk, since what you plan for your own medical and physiological future may not square with what the authorities you decide you were capable of planning. Cobb J’s sensitive and humane judgement in this sad case is a very encouraging sign that courts are beginning to resist the tyrannous claims of Article 2 and the obligation to preserve life at all costs.’
UK Human Rights Blog, 22nd October 2014
Source: www.ukhumanrightsblog.com
‘A polo pony called Lady Gaga was at the centre of a High Court libel battle after her ‘reputation was slurred’ on YouTube.’
Daily Telegraph, 22nd October 2014
Source: www.telegraph.co.uk
‘This High Court judgment is remarkable in many ways, most of them worrying. It was the result of a six day hearing, with Southwark putting Kelvin Rutledge QC up against Mr AA in person and ended with findings against Southwark that were as bad as they could possibly be (and just perhaps even worse than the available evidence would support).’
NearlyLegal, 22nd October 2014
Source: www.nearlylegal.co.uk
‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’
Law Society’s Gazette, 22nd October 2014
Source: www.lawgazette.co.uk
‘A Colwyn Bay woman who teamed up with others to kill her own father in a knife attack must accept her murder conviction, top judges have ruled.’
BBC News, 22nd October 2014
Source: www.bbc.co.uk
‘The Supreme Court has extended protection for victims of asbestos-related diseases, by ruling that the Asbestos Industry Regulations 1931 applied to all workers in factories where asbestos was being processed.’
Litigation Futures, 23rd October 2014
Source: www.litigationfutures.com
‘A failed footballer who enjoyed a champagne lifestyle by pretending to be a Chelsea player has been jailed for four years for a £163,000 fraud.’
The Independent, 22nd October 2014
Source: www.independent.co.uk
‘Research suggests that a combined £175 million in assets is lost each year to bereaved families if a relative dies intestate or with an outdated will.’
Daily Telegraph, 22nd October 2014
Source: www.telegraph.co.uk
‘Prosecutors have pledged to do more to tackle disability hate crime after a drop in the number of convictions.’
BBC News, 23rd October 2014
Source: www.bbc.co.uk
‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’
The Guardian, 22nd October 2014
Source: www.guardian.co.uk
‘A judge has ruled a pregnant woman who suffers from paranoid schizophrenia will undergo a Caesarean section.’
The Independent, 22nd October 2014
Source: www.independent.co.uk
UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319; [2014] WLR (D) 429
‘The Upper Tribunal (Immigration and Asylum Chamber) did not have jurisdiction to determine an application for permission to proceed with a claim for judicial review where the application had been advanced by reference to the Secretary of State’s decisions to reject the application under the Legacy Programme.’
WLR Daily, 15th October 2014
Source: www.iclr.co.uk
Vice Prosecutor, Magistrate of the Judicial Order, France v Charbit [2014] WLR (D) 425
‘An annex could not form part of a European arrest warrant for the purposes of section 2 of the Extradition Act 2003.’
WLR Daily, 14th October 2014
Source: www.iclr.co.uk
‘Once a district judge’s decision to order a person’s extradition had been successfully appealed under Part 1 of the Extradition Act 2003, the High Court enjoyed a supervisory jurisdiction to quash or vary any costs order made against the appellant, since the basis on which the costs order had been made no longer existed. However, the High Court did not have jurisdiction to determine an appeal from a costs order made by a district judge who had ordered extradition, in circumstances where the costs order was challenged as a part of unsuccessfully pursuing an appeal against the extradition order.’
WLR Daily, 10th October 2014
Source: www.iclr.co.uk
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