Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court
Supreme Court, 30th July 2014
David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court
Supreme Court, 30th July 2014
Hounga (Appellant) v Allen and another (Respondents) – Supreme Court
Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)
Supreme Court, 30th July 2014
End of the line for mediation? – New Law Journal
‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’
New Law Journal, 31st July 2014
Source: www.newlawjournal.co.uk
The Rangers Case and EBTs – RPC Privacy Law
‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’
RPC Privacy Law, 31st July 2014
Source: www.rpc.co.uk
MB v Secretary of State for Work and Pensions – WLR Daily
MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355
‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily
‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily
‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily
‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Wiggins v Regent Wealth Ltd and others – WLR Daily
Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352
‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another – WLR Daily
‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily
‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily
‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’
WLR Daily, 30th July 2014
Source: www.iclr.co.uk
Employment tribunal cases drop significantly, but claims that go forward tend to be more expensive, says expert – OUT-LAW.com
‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’
Full story
OUT-LAW.com, 31st July 2014
Source: www.out-law.com
School’s out? Peers ask Government to use summer holidays to reflect on controversial judicial review reforms – UK Human Rights Blog
‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’
UK Human Rights Blog, 1st August 2014
Source: www.ukhumanrightsblog.com
Top London school’s ‘serious failings’ over paedophile teacher William Vahey – Daily Telegraph
‘Southbank International, a £25,000-a-year private school failed to adequately address concerns raised internally about the 64-year old American, according to a review.’
Daily Telegraph, 31st July 2014
Source: www.telegraph.co.uk
Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com
‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’
Full story
OUT-LAW.com, 31st July 2014
Source: www.out-law.com
Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon
‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’
Panopticon, 30th July 2014
Source: www.panopticonblog.com
Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent
‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’
The Independent, 1st August 2014
Source: www.independent.co.uk
