Statement of changes in immigration rules – Home Office

Posted December 10th, 2013 in immigration, press releases, regulations, visas by sally

‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’

Full text

Home Office, 9th December 2013

Source: www.gov.uk/home-office

Nicholas Lavender QC delivers Inaugural Address to 2014 Bar Council – The Bar Council

Posted December 10th, 2013 in barristers, legal profession, speeches by sally

‘Nicholas Lavender QC delivers Inaugural Address to 2014 Bar Council.’

Full speech

The Bar Council, 9th December 2013

Source: www.barcouncil.org.uk

Dental plan provided VAT-exempt ‘payment services’ to patients, Tribunal finds – OUT-LAW.com

Posted December 10th, 2013 in dentists, health, news, tribunals, VAT by sally

‘A dental payment plan provided to patients amounts to a “service for a consideration” for VAT purposes, but also falls within the payment services exemption under the VAT Directive, the First-Tier Tax Tribunal has ruled.’

Full story

OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 10th December 2013

Source: www.out-law.com

Update – exclusions; LA interventions; missing education; and there’s no such thing as a free lunch… – Education Law Blog

‘This post picks up on two recent education cases, the Ofsted report on children missing education and funding arrangements for free school meals.’

Full story

Education Law Blog, 9th December 2013

Source: www.education11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 10th, 2013 in legislation by sally

The Income Tax (Indexation) Order 2013

The Academy Conversions (Transfer of School Surpluses) Regulations 2013

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2013

The Marine and Coastal Access Act 2009 (Commencement No. 6) Order 2013

The Plant Health (Fees) (England) (Amendment) Regulations 2013

The European Qualifications (Health Care Professions) (Croatia Accession Amendment) Regulations 2013

The Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Victoria Line 09TS Vehicles) Exemption Order 2013

The Railways (Interoperability) (Amendment) Regulations 2013

The School and Early Years Finance (England) Regulations 2013

Source: www.legislation.gov.uk

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 10th, 2013 in children, law reports, local government, social services, travellers by sally

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) [2013] EWHC 3845 (Admin); [2013] WLR (D) 478

‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’

WLR Daily, 6th December 2013

Source: www.iclr.co.uk

Regina (IM (Nigeria)) v Secretary of State for the Home Department – WLR Daily

Posted December 10th, 2013 in appeals, demonstrations, detention, hospitals, law reports, medical treatment by sally

Regina (IM (Nigeria)) v Secretary of State for the Home Department [2013] EWCA Civ 1561; [2013] WLR (D) 476

‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

In re Corey – WLR Daily

In re Corey [2013] UKSC 76;  [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 10th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Anor [2013] EWHC 3674 (Ch) (06 December 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Anor [2013] EWHC 3781 (Comm) (06 December 2013)

High Court (Technology and Construction Court)

J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC) (06 December 2013)

Source: www.bailii.org

Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph

Posted December 10th, 2013 in affidavits, appeals, insurance, news, probate by sally

‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

Battered wife Sally Stickland ran over husband with car – BBC News

‘A woman who ran over her husband after suffering years of domestic violence has been given a suspended prison term.’

Full story

BBC News, 9th December 2013

Source: www.bbc.co.uk

Rochdale child sex exploitation: Inquiry to begin – BBC News

Posted December 10th, 2013 in child abuse, inquiries, news, sexual offences by sally

‘An inquiry into child sexual exploitation is to be held to assess improvements in protecting youngsters since the Rochdale grooming case.’

Full story

BBC News, 9th December 2013

Source: www.bbc.co.uk

Royal Marine seeks to overturn conviction for murder – Daily Telegraph

Posted December 10th, 2013 in appeals, armed forces, mental health, murder, news, sentencing by sally

‘Lawyers for Royal Marine convicted of murder will launch an appeal against his conviction.’

Full story

Daily Telegraph, 11th December 2013

Source: www.telegraph.co.uk

Aristocrat faces jail for years of drunken attacks on his wife – Daily Telegraph

Posted December 10th, 2013 in divorce, domestic violence, guilty pleas, news by sally

‘Aristocrat from one of Britain’s most distinguished families is facing jail after he admitted beating his wife during 22 years of marriage.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk

World’s leading authors: state surveillance of personal data is theft – The Guardian

Posted December 10th, 2013 in data protection, interception, investigatory powers, news, theft, whistleblowers by sally

‘More than 500 of the world’s leading authors, including five Nobel prize winners, have condemned the scale of state surveillance revealed by the whistleblower Edward Snowden and warned that spy agencies are undermining democracy and must be curbed by a new international charter.’

Full story

The Guardian, 10th December 2013

Source: www.guardian.co.uk

Tens of thousands harmed in hospital by IV drip blunders – Daily Telegraph

Posted December 10th, 2013 in doctors, hospitals, medical treatment, medicines, news, nurses by sally

‘Around 500 patients could be dying each year because of an “astonishing” lack of training in the use of intravenous drips, health experts have warned.’

Full story

Daily Telegraph, 10th December 2013

Source: www.telegraph.co.uk

How to tweet without ending up in prison – The Guardian

‘An ill-judged tweet can land you in a whole lot of legal bother, as Peaches Geldof and Sally Bercow know only too well. So the attorney general’s new guidelines are essential reading.’

Full story

The Guardian, 4th December 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Swan Housing Association Ltd v Gill [2013] EWCA Civ 1566 (09 December 2013)

High Court (Queen’s Bench Division)

Kagalovsky & Anor v Balmore Invest Ltd & Ors [2013] EWHC 3876 (QB) (09 December 2013)

AXA Insurance UK Plc v Rossiter [2013] EWHC 3805 (QB) (05 December 2013)

High Court (Administrative Court)

P (DRC), R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin) (09 December 2013)

Ku, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 3881 (Admin) (09 December 2013)

High Court (Commercial Court)

Baturina v Chistyakov [2013] EWHC 3537 (Comm) (14 November 2013)

Source: www.bailii.org

Jurors who search web during cases could be jailed under new proposals – The Guardian

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk