“There are two questions about residence:
1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”
Hardwicke Chambers, 24th January 2013
Source: www.hardwicke.co.uk
Court of Appeal (Civil Division)
West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)
Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)
High Court (Administrative Court)
Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)
TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)
High Court (Chancery Division)
RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)
SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)
High Court (Queen’s Bench Division)
Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)
Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)
High Court (Family Division)
Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)
BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)
High Court (Commercial Court)
Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)
Source: www.bailii.org
“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”
Full story (PDF)
11 KBW, 28th January 2013
Source: www.11kbw.com
“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.com
“The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better?”
11 Stone Buildings, January 2013
Source: www.11sb.com
“This plan sets out the actions the Board and its partners will take to achieve the Government’s vision of a family justice system that supports the delivery of the best possible outcomes for all children who come into contact with it.”
Action Plan to Improve the Performance of the Family Justice System (PDF)
Ministry of Justice, 24th January 2013
Source: www.justice.gov.uk
“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”
Litigation Futures, 28th January 2013
Source: www.litigationfutures.com
“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”
UCL Constitution Unit, 26th January 2013
Source: www.ucl.ac.uk/constitution-unit
“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”
Law Society’s Gazette, 28th January 2013
Source: www.lawgazette.co.uk
Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27
Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.
WLR Daily, 24th January 2013
Source: www.iclr.co.uk
Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26
“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”
WLR Daily, 24th January 2013
Source: www.iclr.co.uk
Milton Keynes Borough Council v Nulty, decd and others [2013] EWCA Civ 15; [2013] WLR (D) 25
“There was no rule of law that if the only other possible causes of an event were very much less likely than one suggested means of causation, that became the probable cause; the court had to be satisfied on rational and objective grounds that the case for believing that the suggested means of causation occurred was stronger than the case for not so believing.”
WLR Daily, 24th January 2013
Source: www.iclr.co.uk
“Scores of Britain’s most dangerous criminals have walked out of open prisons over the past year, official statistics disclosed yesterday.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.co.uk
“Five children have been placed in adult prisons, breaking an international treaty on children’s rights, it has emerged. The Youth Justice minister, Jeremy Wright, admitted the under-18s had been transferred from youth custody to adult prisons in 2011, in answer to a parliamentary question earlier this month.”
The Independent, 27th January 2013
Source: www.independent.co.uk
“Most women prisoners have committed non-violent crimes. On being released, many want to start new lives but get little or no support. In 2008, that was all supposed to change. Yet today there is anger and frustration at lack of action, and the destructive potential of cutbacks.”
The Guardian, 27th January 2013
Source: www.guardian.co.uk
“One in four violent criminals are avoiding court as magistrates warned the excessive use of cautions by police has ‘got out of hand’.”
Daily Telegraph, 27th January 2013
Source: www.telegraph.co.uk
“For months, the Leveson Inquiry dominated the news, as a succession of high-profile witnesses gave evidence – actors Hugh Grant and Sienna Miller, singer Charlotte Church; the parents of Milly Dowler and Madeleine McCann; editors, proprietors, police chiefs, politicians.”
BBC News, 27th January 2013
Source: www.bbc.co.uk
“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”
NearlyLegal, 26th January 2013
Source: www.nearlylegal.co.uk
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