Current Awareness

‘In anticipation of the Commons Home Affairs Select Committee’s report into FGM, Melanie Hepworth, Solicitor at Covent Garden Family Law, calls for greater awareness of the violence threatened to thousands of girls in the UK.’

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Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by sally

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

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Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Rogue landlords exploit deposit protection loophole – The Guardian

Posted June 20th, 2014 in consumer protection, deposits, landlord & tenant, news by sally

‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’

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The Guardian, 19th June 2014

Source: www.guardian.co.uk

Immigration inspector warns of rise in proxy marriage misuse – The Guardian

Posted June 20th, 2014 in fraud, immigration, marriage, news by sally

‘The chief inspector of borders has warned of increasing abuse of overseas “proxy marriages”, at which neither party is present at the ceremony, as a way to subvert British immigration rules.’

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The Guardian, 19th June 2014

Source: www.guardian.co.uk

EU ruling goes against ministers on pregnant benefit claimant – The Guardian

Posted June 20th, 2014 in benefits, domicile, EC law, news, pregnancy, references to European Court by sally

‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’

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The Guardian, 19th June 2014

Source: www.guardian.co.uk

Watchdog attacks the government’s handling ‘fiasco’ of disability payouts – The Guardian

Posted June 20th, 2014 in benefits, budgets, contracting out, disabled persons, news by sally

‘The government’s handling of personal independence payments (Pips) has been “nothing short of a fiasco” that has caused distress to thousands of sick and disabled people, parliament’s public spending watchdog has found.’

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The Guardian, 20th June 2014

Source: www.guardian.co.uk

Gleision: Mine death families call for answers – BBC News

Posted June 20th, 2014 in health & safety, homicide, inquests, miners, news by sally

‘The families of miners who drowned when 650,000 gallons of water flooded a mine want to know why the men were working near an area where water was suspected. Charles Breslin, 62, David Powell, 50, Philip Hill, 44, and Garry Jenkins, 39, died at the Gleision colliery when a controlled explosion let in the water. The mine’s manager and owners were cleared of manslaughter on Thursday.’

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BBC News, 20th June 2014

Source: www.bbc.co.uk

Guilty verdict in former N-Dubz singer Dappy slap case – BBC News

Posted June 19th, 2014 in assault, costs, news, victims by sally

‘Magistrates have found the former N-Dubz singer Dappy guilty of slapping a man outside a nightclub.’

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BBC News, 19th June 2014

Source: www.bbc.co.uk

Kyle Keen: Toddler death ‘could have been avoided’ – BBC News

Posted June 19th, 2014 in child abuse, children, hospitals, negligence, news, reports by sally

‘The death of a toddler could have been avoided if a West Midlands hospital had referred him to social services at an earlier date, a report has found.’

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BBC News, 19th June 2014

Source: www.bbc.co.uk

Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

Posted June 19th, 2014 in appeals, cautions, criminal records, human rights, news, privacy, Supreme Court, vetting by sally

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

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Panopticon, 19th June 2014

Source: www.panopticonblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2014 in legislation by sally

The Adoption and Care Planning (Miscellaneous Amendments) Regulations 2014

The Adoption and Children Act Register Regulations 2014

The Adoption Support Services (Amendment) Regulations 2014

The Scotland Act 1998 (Modification of Schedule 5) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2014

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2014

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Community Care) Regulations 2014

The Companies Act 2006 (Interconnection of Registers) Order 2014

The Films Co-Production Agreements (Amendment) Order 2014

The Welfare Reform Act 2012 (Commencement No. 17 and Transitional and Transitory Provisions) Order 2014

Source: www.legislation.gov.uk

In re ZZ (Children) – WLR Daily

Posted June 19th, 2014 in appeals, care orders, children, family courts, law reports by sally

In re ZZ (Children) [2014] EWFC 9; [2014] WLR (D) 256

‘The court’s approach to a review fact-finding hearing applied whether the issue arose before the same judge or a different judge, whether in the same or different proceedings, and whether in relation to the same or different children; different approaches were not called for in different forensic contexts although the application of the general approach in any particular case would reflect the circumstances of that case.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Haile v Waltham Forest London Borough Council – WLR Daily

Posted June 19th, 2014 in appeals, homelessness, housing, law reports, local government by sally

Haile v Waltham Forest London Borough Council [2014] EWCA Civ 792; [2014] WLR (D) 257

‘The question of whether a person applying to a local authority for housing accommodation was intentionally homeless within the meaning of section 193 of the Housing Act 1996, with the result that the local authority was under no duty to provide such accommodation to her under that section, was to be determined by reference to whether the person’s homelessness was intentional on the date on which she became homeless and not on the date of the local authority’s decision.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Regina (N) v Walsall Metropolitan Borough Council – WLR Daily

Posted June 19th, 2014 in compensation, costs, disabled persons, law reports, local government, personal injuries, social services by sally

Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255

‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Regina v Langley – WLR Daily

Posted June 19th, 2014 in crime, disqualification, driving licences, firearms, law reports, sentencing by sally

Regina v Langley [2014] WLR (D) 238

‘Older authorities on sentencing had to be considered in the light of the requirement in section 125 of the Coroners and Justice Act 2009 that definitive sentencing guidelines had to be followed. Further, the power in section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 to impose a disqualification from driving was exercisable in relation to a conspiracy to rob where the defendant was the getaway driver.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Huzar v Jet2.com Ltd – WLR Daily

Posted June 19th, 2014 in aircraft, appeals, compensation, delay, EC law, law reports by sally

Huzar v Jet2.com Ltd [2014] EWCA Civ 791; [2014] WLR (D) 239

‘A technical problem in an aircraft which could properly be described as the result of usual wear and tear did not constitute “extraordinary circumstances” within the meaning of article 5(3) of Parliament and Council Regulation (EC) No 261/2004 such as to exempt the carrier from the obligation to compensate passengers for delay, notwithstanding that the problem neither had been discovered nor was discoverable by a reasonable regime of maintenance and inspection.

WLR Daily, 11th June 2014

Source: www.iclr.co.uk

Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254

‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Victory for Spamalot – Niebel in the Upper Tribunal – Panopticon

Posted June 19th, 2014 in data protection, EC law, electronic mail, harassment, news, telecommunications, tribunals by sally

‘The spamming industry is a decidedly irritating but sadly almost unavoidable feature of our networked world. There is no question but that spamming (i.e. the sending of unsolicited direct marketing electronic communications) constitutes an unlawful invasion of our privacy (see further regs 22-23 of the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) (PECR), implemented under EU Directive 2002/21/EC). The question is what can be done to stop it, particularly given that individual citizens will typically not want to waste their time litigating over the odd spam email or text?’

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Panopticon, 19th June 2014

Source: www.panopticonblog.com