Three Articles on Local Government Law – 11 KBW

Local Government Law Update: 18 July (PDF)
Local Government Law Update: 23 July (PDF)
Local Government Law Update: 25 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

Third Party Costs Orders against Solicitors – 4 New Square

Posted July 27th, 2012 in costs, fees, news, solicitors, third parties by sally

“This article discusses the rise in applications against solicitors for third party costs orders, where solicitors have acted on conditional fee agreements and may be said to have funded or controlled litigation.”

Full story (PDF)

4 New Square, 25th July 2012

Source: www.4newsquare.com

Robin Hood Airport tweet bomb threat man wins case – BBC News

“A man found guilty of sending a menacing tweet threatening to blow up an airport has won a challenge against his conviction.”

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BBC News, 27th July 2012

Source: www.bbc.co.uk

The Queen approves the appointment of four new Lord Justices of Appeal – Number 10 Downing Street

Posted July 27th, 2012 in judges, news by sally

“The Queen has been pleased to approve the appointment of The Honourable Mr Justice Lloyd Jones as a Lord Justice of Appeal. This appointment follows the announcement of his appointment as Chairman of the Law Commission, which takes effect on 1 August 2012.”

Full story

Number 10 Downing Street, 26th July 2012

Source: www.number10.gov.uk

NHS Leeds v Larner – WLR Daily

Posted July 27th, 2012 in dismissal, law reports, remuneration, sick leave, working time by sally

NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227

“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) – WLR Daily

Posted July 27th, 2012 in asylum, law reports, refugees, treaties by sally

RT (Zimbabwe) v Secretary of State for the Home Department (United Nations High Commissioner for Refugees intervening); SM (Zimbabwe) v Same (Same intervening); AM (Zimbabwe) v Same (Same intervening); KM (Zimbabwe) v Same (Same intervening) [2012] UKSC 38; [2012] WLR (D) 226

“A claim for asylum should not be defeated on the ground that an individual who had no political views, and who therefore did not support the persecutory regime in his home country, would lie and feign loyalty to that regime in order to avoid the persecutory ill treatment to which he would otherwise be subjected.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn – WLR Daily

Posted July 27th, 2012 in appeals, arbitration, jurisdiction, law reports by sally

Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225

“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk

Solihull Metropolitan Borough Council v Hickin – WLR Daily

Posted July 27th, 2012 in housing, landlord & tenant, law reports, married persons, succession by sally

Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39; [2012] WLR (D) 224

“Where one of two or more persons holding under a joint secure tenancy died, the tenancy vested in the survivor or survivors rather than vesting in a person qualified to succeed the deceased person pursuant to section 89 of the Housing Act 1985.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

In re T (Children) (Care Proceedings: Costs) – WLR Daily

Posted July 27th, 2012 in care orders, children, costs, grandparents, law reports by sally

In re T (Children) (Care Proceedings: Costs) [2012] UKSC 36; [2012] WLR (D) 223

“A local authority should not be liable in care proceedings for the costs of interveners against whom allegations had been reasonably made but which had been held by the court to be unfounded.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Westwood v Hospital Medical Group Ltd – WLR Daily

Posted July 27th, 2012 in contract of employment, doctors, holiday pay, law reports by sally

Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222

“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board – WLR Daily

Posted July 27th, 2012 in gambling, internet, law reports by sally

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board [2012] EWHC 2039 (Admin); [2012] WLR (D) 221

“A person who entered into betting transactions on an Internet betting exchange in the course of his business was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963.”

WLR Daily, 20th July 2012

Source: www.iclr.co.uk

Lady Warsi cleared of expenses irregularities – The Guardian

Posted July 27th, 2012 in expenses, news, parliament, peerages & dignities, professional conduct by sally

“Lady Warsi has been cleared of expenses irregularities by a Lords investigation but found in breach of its code of conduct over her failure to properly register a property with the Lords.”

Full story

The Guardian, 26th July 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 27th, 2012 in legislation by sally

The Designation of Features (Appeals) (England) Regulations 2012

The Legal Officers (Annual Fees) Order 2012

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2012

The Counter-Terrorism Act 2008 (Commencement No.7) Order 2012

The Glasgow Commonwealth Games Act 2008 (Ticket Touting Offence) (England and Wales and Northern Ireland) Order 2012

Source: www.legislation.gov.uk

Two Met police officers face racism trial – The Guardian

Posted July 27th, 2012 in news, police, prosecutions, public order, racism by sally

“Two Metropolitan police officers are to stand trial accused of making racist remarks to their colleagues, prosecutors have announced.”

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The Guardian, 26th July 2012

Source: www.guardian.co.uk

Justice committee’s report on FOIA – Commentary on the ss.35 & 36 recommendations – Panopticon

Posted July 27th, 2012 in freedom of information, government departments, news, veto by sally

“As Tim Pitt-Payne QC commented in his post on the report earlier today, the Committee’s report has not landed a bombshell in the middle of the FOIA landscape. To a very large extent, the report endorses the current structure and content of the legislation, something which the Commissioner clearly welcomes. However, whilst the Committee has largely resisted calls for FOIA to be amended, it has commented fairly extensively on how the Act should be applied in practice. This commentary is doubtless going to influence the evolution of FOIA case-law for the foreseeable future.”

Full story

Panopticon, 26th July 2012

Source: www.panopticonblog.com

High speed train opponents granted court hearing – Daily Telegraph

Posted July 27th, 2012 in environmental protection, judicial review, news, planning, railways by sally

“Plans to build a high speed line from London to the Midlands were dealt a blow yesterday with the High Court granting opponents the right to seek judicial review against the scheme.”

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Daily Telegraph, 27th July 2012

Source: www.telegraph.co.uk

Victims to get right to challenge ‘no charge’ decisions – BBC News

Posted July 27th, 2012 in complaints, criminal justice, news, prosecutions, victims by sally

“Crime victims in England and Wales are to get the right to a review in cases when it has been decided that no one will be charged.”

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BBC News, 27th July 2012

Source: www.bbc.co.uk

Twitter joke case appeal judgment due – The Guardian

“A man found guilty of sending a menacing tweet after making a joke about blowing up an airport is to learn the outcome of his challenge against conviction.”

Full story

The Guardian, 27th July 2012

Source: www.guardian.co.uk

Higher fines should be issuable against bodies that tamper with FOI data, says Commons committee – OUT-LAW.com

Posted July 26th, 2012 in data protection, fines, freedom of information, news, select committees by sally

“Public bodies should face higher fines for destroying or altering information that is ‘disclosable’ under freedom of information (FOI) laws, a committee of MPs has recommended.”

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OUT-LAW.com, 26th July 2012

Source: www.out-law.com

PCC dismisses Bell Pottinger complaint over secret filming for Independent – The Guardian

Posted July 26th, 2012 in complaints, lobbying, media, news, public interest, video recordings by sally

“Undercover filming of PR executives discussing work for the Uzbekistan government for an Independent exposé was justified in the public interest, the Press Complaints Commission has ruled.”

Full story

The Guardian, 26th July 2012

Source: www.guardian.co.uk