Room use and Uratemp – NearlyLegal
‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’
NearlyLegal, 17th March 2014
Source: www.nearlylegal.co.uk
Article 8 and the Private Sector – NearlyLegal
‘In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at the drilling program being undertaken by a company, Igas Energy plc. The Claimants had granted Igas a licence to drill on the land nearby and the protest was intended to deter the controversial fracking process which the activists feared would ensue.’
NearlyLegal, 16th March 2014
Source: www.nearlylegal.co.uk
Unsuccessful challenge to prison law legal aid cuts to be appealed – LegalVoice
‘The Howard League and the Prisoners’ Advice Service (PAS) this morning announced that they will appeal a decision by the High Court to dismiss their challenge to legal aid cuts for prisoners.’
LegalVoice, 17th March 2014
Source: www.legalvoice.org.uk
Mental Capacity Act 2005 – a damning report – Halsbury’s Law Exchange
‘The House of Lords Select Committee appointed to undertake post-legislative scrutiny of the Mental Capacity Act 2005 (MCA 2005) has now reported. After a mammoth evidence gathering exercise (the transcripts of the oral evidence received and the written evidence submitted ran to almost 2,000 pages), the Committee has provided a damning report upon almost all aspects of the (lack of) implementation of the MCA 2005.’
Halsbury’s Law Exchange, 17th March 2014
Source: www.halsburyslawexchange.co.uk
Why the human rights challenge to the ‘bedroom tax’ failed – Garden Court Chambers Blog
‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’
Garden Court Chambers, 17th March 2014
Source: www.gclaw.wordpress.com
Recent Statutory Instruments – legislation.gov.uk
The Pensions Increase (Review) Order 2014
The Social Security Benefits Up-rating Regulations 2014
The Child Support Fees Regulations 2014
The Port Security (Port of London) Designation Order 2014
The Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014
Source: www.legislation.gov.uk
Regina (Thapa) v Secretary of State for the Home Department – WLR Daily
‘It was incumbent upon an immigration official when making a decision as to enforcement action under section 10 of the Immigration and Asylum Act 1999 that he should communicate outline reasons including at least the gist of the evidence behind his decision to the person who was subjected to it.’
WLR Daily, 11th March 2014
Source: www.iclr.co.uk
In re Lehman Brothers International (Europe) (in administration) (No 4) – WLR Daily
‘Determination of issues raised in the administration of three companies as to the potential liability of two members in the group for the liabilities of the principal trading company, an unlimited company, and in particular its subordinated liabilities, and the relationship between their liability, if any, as members and their claims as creditors.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
Your Response Ltd v Datateam Business Media Ltd – WLR Daily
Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131
‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ahmed & Anor v Mustafa [2014] EWCA Civ 277 (17 March 2014)
M-M (A Child), Re [2014] EWCA Civ 276 (17 March 2014)
High Court (Administrative Court)
High Court (Queen’s Bench Division)
Bhatia Best LTD v Lord Chancellor [2014] EWHC 746 (QB) (17 March 2014)
Source: www.bailii.org
Gardener took £200,000 from woman of 89 – Daily Telegraph
‘A handyman who took hundreds of thousands of pounds from a wealthy widow with dementia after gaining power of attorney must not be named, a court rules.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
High court rejects challenge to legal aid – The Guardian
‘The high court has rejected a challenge by charities working with prisoners over legal aid cuts introduced by the justice secretary, Chris Grayling. The Howard League for Penal Reform and the Prisoners Advice Service said vulnerable people in the prison system, including inmates with mental health problems and women with babies, would suffer injustice following the removal of the right to criminal legal aid in many prison law cases. Lady Justice Rafferty and Mr Justice Cranston, sitting in London on Monday, said they could “well understand the concerns” raised by the new regulations, introduced in December by Grayling, who is also the lord chancellor. “But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the lord chancellor. For the time being, the forum for advancing these concerns remains the political.” ‘
The Guardian, 17th March 2014
Source: www.guardian.co.uk
Mafia boss living in Uxbridge wins extradition battle – Daily Telegraph
‘A former Mafia boss wanted in Italy for extortion and other crimes has won his battle against extradition, after a ruling in an entirely unconnected case expressed concern over the conditions of Italian prisons.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
Remains of Shipman’s victims destroyed without telling relatives – The Guardian
‘The police watchdog has begun an investigation after Greater Manchester police admitted keeping the remains of Harold Shipman’s victims for 12 years and then destroying them without telling bereaved relatives. The Independent Police Complaints Commission said on Monday that it was investigating whether senior officers misled the families of 12 of the serial killer’s victims over the storage of organs.’
The Guardian, 17th March 2014
Source: www.guardian.co.uk
Avoiding the nuclear option: the EU moves to strengthen the rule of law – UK Human Rights Blog
‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’
UK Human Rights Blog, 17th March 2014
Source: www.ukhumanrightsblog.com
Armed forces could be given immunity from human rights laws – Daily Telegraph
‘The armed forces could be exempted from human rights laws because they are hampering British military operations in the field, Philip Hammond has said. Mr Hammond said the government is prepared to introduce new legislation to protect the army from the “encroachment” of civil litigation on the battlefield.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
TV licence law change plan in motion – BBC News
‘A proposal to end the criminal offence of failing to buy a TV licence is
being considered for inclusion in a bill before Parliament.’
BBC News, 18th March 2014
Source: www.bbc.co.uk
Prisoners say they are not being punished inside – Daily Telegraph
‘ Up to half of prisoners do not feel they are being punished while behind bars fuelling concerns of soft justice, the Daily Telegraph can disclose. In some jails fewer than one in five inmates believe they are paying for their crimes, according to the Ministry of Justice’s own survey. Across the prison estate a third of prisoners also say they not being helped to address their offending or to ensure they will be law-abiding citizens on release.’
Daily Telegraph, 18th March 2014
Source: www.telegraph.co.uk
Government Response to the Justice Select Committee’s Report ‘Crown Dependencies: developments since 2010’ – Ministry of Justice
‘Her Majesty’s Government welcomes the Justice Select Committee’s latest report on the relationship between the UK and the Crown Dependencies. This relationship is a valuable, historical and special one and the Government accordingly takes its responsibilities towards the Islands very seriously.’
Ministry of Justice, 17th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Increased sentence handed to violent Penzance rapist – Attorney General’s Office
‘After reference from Solicitor General, Court of Appeal increases sentence of Lee David Hosking from 9 and a half years’ imprisonment to 13.’
Attorney General’s Office, 14th March 2014
Source: www.gov.uk/ago
