Current Awareness

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Posted January 29th, 2014 in collective agreements, employment, human rights, law reports, remuneration, trade unions by sally

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

In re St Chad, Bishop’s Tachbrook – WLR Daily

Posted January 29th, 2014 in burials and cremation, ecclesiastical law, faculties, law reports, planning by sally

In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24

‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’

WLR Daily, 9th January 2014

Source: www.iclr.co.uk

Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

Full story

BBC News, 28th January 2014

Source: www.bbc.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

Full story

Panopticon, 28th January 2014

Source: www.panopticonblog.com

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

Full story

The Independent, 29th January 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

Posted January 29th, 2014 in civil procedure rules, confidentiality, courts, delay, evidence, news, time limits, witnesses by sally

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

Full story

OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Legal aid lawyers form new group to oppose cuts – Law Society’s Gazette

Posted January 29th, 2014 in barristers, budgets, demonstrations, legal aid, news, solicitors by sally

‘Groups representing legal aid lawyers have formed a new campaign group to oppose fresh cuts in funding.’

Full story

Law Society’s Gazette, 28th January 2014

Source: www.lawgazette.co.uk

Killer Paul Smith’s appeal rejected in Rosie May murder case – BBC News

Posted January 29th, 2014 in appeals, causing death of children or vulnerable adults, murder, news by sally

‘A man who killed a 10-year-old girl at a Christmas party in 2003 has lost an appeal against his conviction and sentence.’

Full story

BBC News, 28th January 2014

Source: www.bbc.co.uk

Woman ordered to stop posting images of two-year-old granddaughter in Facebook ‘campaign’ after she was taken into care – The Independent

Posted January 28th, 2014 in anonymity, care orders, children, grandparents, news by sally

‘A woman has been ordered to stop an online “campaign” against a court’s decision to take her two-year-old granddaughter into care.’

Full story

The Independent, 28th January 2014

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2014 in legislation by sally

The Non-Domestic Rating (Designated Areas) Regulations 2014

The Costs in Criminal Cases (Legal Costs) (Exceptions) Regulations 2014

The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014

The Uplands Transitional Payment Regulations 2014

Source: www.legislation.gov.uk

Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub

Posted January 28th, 2014 in child abuse, duress, harassment, news by sally

‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’

Full story

Barristers’ Hub, 27th January 2014

Source: www.barristershub.co.uk