Regina (Antoniou) v Central and North West London NHS Foundation Trust and others – WLR Daily

Posted October 15th, 2013 in hospitals, human rights, inquests, law reports, suicide by sally

Regina (Antoniou) v Central and North West London NHS Foundation Trust and others [2013] EWHC 3055 (Admin); [2013] WLR (D) 379

“In order to fulfil its procedural obligations under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms the state was not obliged to conduct, prior to an inquest, an immediate and independent investigation into the circumstances of the death of a patient detained in hospital under section 3 of the Mental Health Act 1983.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Finnigan v Chief Constable of Northumbria Police – WLR Daily

Posted October 15th, 2013 in appeals, disability discrimination, law reports, police by sally

Finnigan v Chief Constable of Northumbria Police [2013] EWCA Civ 1191; [2013] WLR (D) 378

“When the issue arose of whether a public authority had discriminated against a disabled person in carrying out its functions, contrary to the Disability Discrimination Act 1995 or the Equality Act 2010, by having in place a ‘practice, policy or procedure’ (under the 1995 Act) or a ‘provision, criterion or practice’ (under the 2010 Act) to which it had not made reasonable adjustments, the court should first identify what that practice, policy or procedure was as a question of fact, and then determine whether reasonable adjustments had been made to that policy to alleviate the detrimental effects to which a disabled person might be subjected by it. The duty to make reasonable adjustments could not be discharged on an ad hoc basis in relation to individuals but was anticipatory and owed to persons with particular kinds of disabilities as a class.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

Opening a Free School – 11 KBW

Posted October 15th, 2013 in education, news by sally

“Free Schools were introduced following the election of the Conservative-Liberal Democrat coalition in 2010. The first 24 Free Schools opened in September 2011, and prior to September 2013 there were 81 Free Schools in total. A further 109 were due to open in September 2013 (taking the total to 190), and the Secretary of State for Education has approved a further 102 to open from September 2014.”

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11 KBW, 15th October 2013

Source: www.11kbw.com

Landmark Supreme Court cases on deprivations of liberty to start next week – Local Government Lawyer

Posted October 15th, 2013 in freedom of movement, local government, mental health, news, Supreme Court by sally

“A panel of seven justices at the Supreme Court will next week hear two landmark cases on deprivations of liberty.”

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Local Government Lawyer, 15th October 2013

Source: www.localgovernmentlawyer.co.uk

CoA rules Scrabble tile trademark to be invalid – The Lawyer

Posted October 15th, 2013 in appeals, intellectual property, news, trade marks by sally

“An attempt by the makers of Scrabble to protect its iconic letter tiles from imitations by claiming trademark rights has been thrown out by the Court of Appeal.”

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The Lawyer, 14th October 2013

Source: www.thelawyer.com

Susan May’s 20-year fight against murder conviction – BBC News

Posted October 15th, 2013 in appeals, Criminal Cases Review Commission, evidence, miscarriage of justice, murder, news by sally

“For the past two decades Susan May says one goal has consumed her every waking thought – to clear her name and overturn her conviction for the murder of her aunt.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

JAC seeks first part-time High Court judge – Litigation Futures

Posted October 15th, 2013 in diversity, judicial appointments commission, judiciary, news, part-time work, women by sally

“The first part-time High Court judge could start sitting next year after the Judicial Appointments Commission (JAC) launched a competition that allows candidates to work under flexible arrangements.”

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Litigation Futures, 15th October 2013

Source: www.litigationfutures.com

POSHFA! – NearlyLegal

Posted October 15th, 2013 in confiscation, crime, housing, landlord & tenant, news, rent by sally

“The Prevention of Social Housing Fraud Act comes into force tomorrow (Tuesday 15 October 2013) in England only. The text of the Act is here. A key point is the introduction of ‘Unlawful Profit Orders’, which get around the decision of the Court of Appeal in Sumal v Newham London Borough Council [2012] EWCA Crim 1840 that confiscation of rent was not possible because ‘the continued receipt of the rent was not the product of the appellants crime’. (Admittedly that was a prosecution for an unlicensed property in a selective licensing area under section 95(1) of the Housing Act 2004, but the point about confiscation not being enabled under statute had broader application).”

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NearlyLegal, 14th October 2013

Source: www.nearlylegal.co.uk

Revised Banking Code of Practice gives HMRC too much discretion, says expert – OUT-LAW.com

Posted October 15th, 2013 in banking, codes of practice, HM Revenue & Customs, news, taxation by sally

“HM Revenue and Customs (HMRC) will be given ‘too much discretion’ to ‘name and shame’ banks that do not meet strict governance requirements in relation to tax matters under proposed changes to the industry Code of Practice, an expert has said.”

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OUT-LAW.com, 14th October 2013

Source: www.out-law.com

Marvin Samuels jailed for rape and murder – BBC News

Posted October 15th, 2013 in grievous bodily harm, murder, news, rape, sentencing by sally

“A man who raped a stranger hours before murdering his ex-girlfriend has been jailed for life, with a minimum term of 33 years.”

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BBC News, 14th October 2013

Source: www.bbc.co.uk

Footballers and employment law – Law Society’s Gazette

Posted October 15th, 2013 in contract of employment, employment, news, sport by sally

“A recent spate of public vocal exchanges within the game could be about to raise a number of interesting employment law issues.”

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Law Society’s Gazette, 11th October 2013

Source: www.lawgazette.co.uk

Code of practice call over government tsars – BBC News

Posted October 15th, 2013 in codes of practice, government departments, news, parliament, reports by sally

“The process for appointing government ‘tsars’ and evaluating their work is inadequate, a new report has claimed.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Women sharing prison vans with men ‘exposed to abuse’ – BBC News

Posted October 15th, 2013 in news, prisons, reports, women by sally

“Private contractors exposed women prisoners at HMP Holloway to ‘intimidation and abuse’ by forcing them to travel in escort vans with male inmates, an inspection found.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Attorney General: Britain’s ‘economic, physical and ethical well-being’ depends on Europe – Daily Telegraph

Posted October 15th, 2013 in attorney general, EC law, human rights, news, speeches, treaties by sally

“Britain’s ‘economic, physical and ethical well-being’ depends on it playing an ‘active part’ in the European Union and the European Convention on Human Rights, the Attorney General has said.”

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Daily Telegraph, 14th October 2013

Source: www.telegraph.co.uk

The verdict that finally goes against libel tourism: Fatal blow for individuals with little or no link to UK trying to bring claims – The Independent

Posted October 15th, 2013 in choice of forum, defamation, news by sally

“The use of the English courts by individuals with little or no link to the United Kingdom to bring expensive libel proceedings has been dealt a likely fatal blow after judges threw out two defamation suits brought by foreign claimants.”

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The Independent, 14th October 2013

Source: www.independent.co.uk

Surveillance tribunal may allow publicity – The Guardian

Posted October 15th, 2013 in complaints, intelligence services, investigatory powers, news, police, private hearings, tribunals by sally

“The new president of the court that examines complaints about the intelligence services and government surveillance has indicated he may publish advance notice of its public hearings for the first time.”

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The Guardian, 14th October 2013

Source: www.guardian.co.uk

Collins v Secretary of State for Communities and Local Government and another – WLR Daily

Posted October 14th, 2013 in appeals, children, enforcement notices, families, human rights, inquiries, law reports, planning, travellers by sally

Collins v Secretary of State for Communities and Local Government and another [2013] EWCA Civ 1193; [2013] WLR (D) 376

“Where a planning decision engaged a child’s right to private and family life that child’s best interests would be a primary consideration for the decision-maker.”

WLR Daily, 9th October 2013

Source: www.iclr.co.uk

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) – WLR Daily

Posted October 14th, 2013 in benefits, EC law, interpretation, jurisdiction, law reports, pensions by sally

van der Helder and another v College voor zorgverzekeringen (CVZ) (Healthcare Insurance Board) (Case C-321/12); [2013] WLR (D) 375

“On the proper interpretation of article 28(2)(b) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, (as amended), ‘legislation’ to which a pensioner had been subject for the longest period of time, for the purpose of that provision, referred to legislation concerning pensions.”

WLR Daily, 10th October 2013

Source: www.iclr.co.uk

Man cannot be stripped of British citizenship, rules Supreme Court – UK Human Rights Blog

Posted October 14th, 2013 in appeals, citizenship, human rights, Iraq, news, public interest, Supreme Court by sally

“In late 2007, the Secretary of State for the Home Department made an order depriving Mr Al Jedda, who had been granted British citizenship in 2000, of his citizenship, under the British Nationality Act 1981. Section 40(4) of the Act prohibits the deprivation of nationality where the effect would be to render the person stateless.”

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UK Human Rights Blog, 14th October 2013

Source: www.ukhumanrightsblog.com

New reforms to increase diversity of coroners – Ministry of Justice

Posted October 14th, 2013 in barristers, coroners, diversity, legal executives, news, solicitors by sally

“Changes designed to increase the diversity of coroners and competition for positions, have been announced by new Justice Minister Shailesh Vara.”

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Ministry of Justice, 14th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice