‘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
‘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
‘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 [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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘In the usual end of term rush, the Court of Appeal has handed down judgment in Innes v Information Commissioner [2014] EWCA Civ 1086 on the provision in section 11 FOIA which allows a requestor to express a preference for communication by a particular means, so long as it is reasonably practicable to give effect to the preference. The issue in Innes was that Mr Innes had requested certain school admissions information and had sent a further email shortly afterwards asking for that information to be supplied to him in Excel format. The ICO, the FTT and the Upper Tribunal had all ruled against Mr Innes, in part relying on the Scottish decision of Glasgow City Council v Scottish Information Commissioner [2009] CSIH 73; [2010] SC 125.’
Panopticon, 1st August 2014
Source: www.panopticonblog.com
‘The President of the Family Division has fired another warning to parties in cases in the Family Court that they are not permitted to amend a timetable fixed by the court without the prior approval of the court.’
Local Government Lawyer, 31st July 2014
Source: www.localgovernmentlawyer.co.uk
‘On Wednesday 30 July 2014, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) released consultation papers relating to individual accountability and remuneration in the banking industry. The changes apply, broadly speaking, to banks, building societies, credit unions and the nine investment firms designated by the PRA.’
Employment Law Blog, 30th July 2014
Source: www.employment11kbw.com
Victoria’s Secret could be ordered to withdraw its Pink brand from UK stores after a High Court judge ruled that it could cause a detriment to the repute of Thomas Pink’s mark
Daily Telegraph, 31st July 2014
Source: www.telegraph.co.uk
‘The performance of more than a fifth of prisons in England and Wales is “of concern”, a government body has said.’
BBC News, 31st July 2014
Source: www.bbc.co.uk
‘A judge condemned motorists who use mobiles while driving as a “plague on society” as he jailed a woman who caused a fatal pile-up after texting and taking calls on two phones while travelling at 70mph.’
The Independent, 31st July 2014
Source: www.independent.co.uk
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