Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same – WLR Daily

Posted July 15th, 2014 in appeals, families, human rights, immigration, law reports, proportionality by sally

Regina (MM (Lebanon)) v Secretary of State for the Home Department; Regina (Majid) v Same; Regina (Javed) v Same; [2014] EWCA Civ 985; [2014] WLR (D) 308

‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily 11th July 2014

Source: www.iclr.co.uk

Greenwich Millennium Village Ltd v Essex Services Group plc and others – WLR Daily

Posted July 15th, 2014 in appeals, construction industry, contracting out, contracts, indemnities, law reports, negligence by sally

Greenwich Millennium Village Ltd v Essex Services Group plc and others: [2014] EWCA Civ 960; [2014] WLR (D) 309

‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’

WLR Daily, 11th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 15th, 2014 in law reports by sally

High Court (Administrative Court)

O, R (On the Application Of) v Secretary of State for International Development [2014] EWHC 2371 (Admin) (14 July 2014)

Ilia v Appeal Court In Athens (Greece) & Anor [2014] EWHC 2372 (Admin) (14 July 2014)

Drax Power Ltd, R (On the Application Of) v Secretary of State for Energy And Climate Change [2014] EWHC 2377 (Admin) (14 July 2014)

High Court (Chancery Division)

Thandi v Sands & Ors [2014] EWHC 2378 (Ch) (14 July 2014)

High Court (Patents Court)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

Source: www.bailii.org

Ofcom resolves BBC Daily Politics swearing case – BBC News

Posted July 15th, 2014 in BBC, complaints, media, news, obscenity, ombudsmen by sally

‘BBC Two’s Daily Politics Show has been cleared by broadcasting watchdog Ofcom after a Conservative MP swore during a live edition of the daytime programme.’

Full story

BBC News, 14th July 2014

Source: www.bbc.co.uk

Hit man jailed for murdering gang boss and shooting accomplice – The Guardian

Posted July 15th, 2014 in attempted murder, attempts, firearms, gangs, murder, news, sentencing by sally

‘A judge called for an end to a “medieval turf war” on the streets of London as he jailed a hit man for at least 38 years for murdering a gang boss and then shooting his accomplice.’

Full story

The Guardian, 14th July 2014

Source: www.guardian.co.uk

Ethiopian man takes UK to court over resettlement policy – BBC News

Posted July 15th, 2014 in government departments, human rights, judicial review, news by sally

‘A legal battle has been launched by an Ethiopian citizen who claims the UK has helped to fund a “brutal” resettlement programme in his country. The man, who can only be referred to as “O”, won permission to seek a judicial review at London’s High Court. He wants a ruling that the UK acted unlawfully by providing aid to Ethiopia without assessing its human rights record.’

Full story

BBC News, 14th July 2014

Source: www.bbc.co.uk

Police chiefs end clampdown on whistleblowers to the media – The Guardian

Posted July 15th, 2014 in codes of practice, confidentiality, disciplinary procedures, media, news, police, whistleblowers by sally

‘Police chiefs have ended a clampdown on whistleblowers to the media with a new code of ethics that puts officers under a “positive obligation” to challenge failings by their colleagues and their bosses.’

Full story

The Guardian, 15th July 2014

Source: www.guardian.co.uk

Women bishops vote welcomed by Archbishop of Canterbury – BBC News

Posted July 15th, 2014 in Church of England, clergy, equality, news, sex discrimination, women by sally

‘The Archbishop of Canterbury has welcomed the Church of England’s historic vote to allow women to become bishops.’

Full story

BBC News, 15th July 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 14th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Midgley v R [2014] EWCA Crim 1421 (11 July 2014)

Court of Appeal (Civil Division)

Smithton Ltd v Naggar [2014] EWCA Civ 939 (10 July 2014)

Kardi, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 934 (10 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014)

Hamzeh & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 956 (11 July 2014)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2014] EWCA Civ 960 (11 July 2014)

Napier Park European Credit Opportunities Fund Ltd v Harbourmaster Pro-Rata CLO 2 B.V. & Ors [2014] EWCA Civ 984 (11 July 2014)

High Court (Chancery Division)

Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch) (11 July 2014)

High Court (Family Division)

D (Child) [2014] EWHC 2376 (Fam) (20 June 2014)

BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

High Court (Queen’s Bench Division)

SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs) [2014] EWHC 2293 (QB) (10 July 2014)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Haynes v Kingston Hospital NHS Trust [2014] EWHC 2321 (QB) (11 July 2014)

Kucukkoylu v Ozcan [2014] EWHC 1972 (QB) (30 June 2014)

Halcyon House Ltd v Baines & Ors [2014] EWHC 2216 (QB) (11 July 2014)

High Court (Administrative Court)

Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) (10 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

Tesfay, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2109 (Admin) (10 July 2014)

Sarkandi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWHC 2359 (Admin) (11 July 2014)

Connors & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2358 (Admin) (11 July 2014)

Blakey v Solicitors Regulation Authority [2014] EWHC 2168 (Admin) (11 July 2014)

FI, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) (11 July 2014)

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

Jones, R (On the Application Of) v English Heritage [2014] EWHC 2259 (Admin) (09 July 2014)

High Court (Commercial Court)

Glenbrook Capital LP v Hamilton (t/a Hamiltons) [2014] EWHC 2297 (Comm) (11 July 2014)

High Court (Technology and Construction Court)

The Governor And Company of the Bank of Ireland v Faithful & Gould Ltd [2014] EWHC 2217 (TCC) (10 July 2014)

Source: www.bailii.org

Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

Posted July 14th, 2014 in barristers, budgets, civil justice, families, fees, legal aid, legal representation, litigants in person, news, statistics by sally

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

Full story

The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

Lady Butler-Sloss stands down from child-abuse inquiry – The Guardian

Posted July 14th, 2014 in attorney general, child abuse, conflict of interest, documents, government departments, inquiries, judges, news, sexual offences, victims by sally

‘Lady Butler-Sloss, the retired high court judge, has resigned as chair of the panel that is due to examine the extent to which public institutions failed to investigate allegations of child abuse.

Full story

The Guardian, 14th July 2014

Source: www.guardian.co.uk

Data sharing rules must be reformed – Law Commission

Posted July 14th, 2014 in data protection, disclosure, Law Commission, news, privacy by sally

‘The law that governs how public bodies share data must be modernised, simplified and clarified, according to the Law Commission. Law reform will help to create a principled and clear legal structure for protecting individual privacy and for the data sharing required by today’s public bodies and the people they serve.’

Full story

Law Commission, 11th July 2014

Source: www.lawcommission.justice.gov.uk

Changes to the immigration rules will clamp down on visa abuse – Home Office

Posted July 14th, 2014 in immigration, news, visas by sally

‘The Home Office places new restrictions on the entrepreneur visa route in response to scams from individuals and organised criminal groups.’

Full story

Home Office, 10th July 2014

Source: www.gov.uk/home-office

Finance and Divorce Update – Family Law Week

Posted July 14th, 2014 in appeals, arbitration, bills, delay, divorce, financial provision, jurisdiction, news, royal family, state immunity, time limits by sally

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

Full story

Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

Full story

New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

Farmer Michael Wilmot jailed over red diesel fraud in Lincolnshire – BBC News

Posted July 14th, 2014 in conspiracy, fraud, news, sentencing, tax evasion by sally

‘A farmer described as the leader of a gang that organised and ran a “sophisticated” fuel and VAT tax fraud has been jailed.’

Full story

BBC News, 12th July 2014

Source: www.bbc.co.uk

Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

Full story

Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

Barristers suffering post-LASPO, says survey – Litigation Futures

Posted July 14th, 2014 in barristers, fees, legal aid, news, remuneration by sally

‘More than half of barristers conducting civil litigation have seen their income fall since implementation of the Jackson reforms, Bar Council research has found.’

Full story

Litigation Futures, 14th July 2014

Source: www.litigationfutures.com

Dorothy ‘Cherry’ Groce inquest finds police failures contributed to her death – The Guardian

Posted July 14th, 2014 in grievous bodily harm, inquests, news, personal injuries, police by sally

‘Police failures contributed to the death of a mother whose shooting by an officer triggered the 1985 Brixton riots, an inquest jury has found.’

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com