Month: November 2012

Yeates and another v Line and another – WLR Daily

Posted November 14th, 2012 in adverse possession, compromise, contracts, interpretation, land registration, law reports by sally

Yeates and another v Line and another [2012] EWHC 3085 (Ch); [2012] WLR (D) 319

“An oral compromise agreement was not void by virtue of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 merely because it had a disposing effect. The compromise agreement was not an agreement for ‘the sale or other disposition of an interest in land’ within the meaning of section 2(1), so that despite being oral it was a valid contract.”

WLR Daily, 12th November 2012

Source: www.iclr.co.uk

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Court of Protection Update – Thirty Nine Essex Street

Posted November 14th, 2012 in Court of Protection, hospitals, marriage, medical treatment, news, official solicitor, restraint by sally

Court of Protection Update (PDF)

Thirty Nine Essex Street, November 2012

Source: www.39essex.com

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

Full story

The Independent, 13th November 2012

Source: www.independent.co.uk

Report #7 Human Rights law – Carl Gardner on the Abu Qatada judgment – Charon QC

Posted November 14th, 2012 in appeals, deportation, human rights, news, rule of law, terrorism by sally

“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”

Podcast

Charon QC, 13th November 2012

Source: www.charonqcuklawtour.com

Another legal aid review, justice secretary? How original – The Guardian

Posted November 14th, 2012 in bills, budgets, legal aid, news by sally

“If we’re going to review legal aid again, why not widen access to justice for the public, rather than restrict it.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Wilfred Museka jailed over M62 wrong-way death crash – BBC News

Posted November 14th, 2012 in dangerous driving, drunk in charge, fraud, homicide, news by sally

“A drink-driver who killed a woman when he drove the wrong way along a motorway has been jailed for eight years.”

Full story

BBC News, 13th November 2012

Source: www.bbc.co.uk

Woman jailed for faking son’s illness to claim £85,000 in benefits – The Guardian

Posted November 14th, 2012 in benefits, child cruelty, forgery, fraud, news by sally

“A mother who shaved her young son’s head and eyebrows and forced him to use a wheelchair to make it appear he was seriously ill so she could claim £85,000 in benefits has been jailed.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Internet access is a right, judges rule – Daily Telegraph

Posted November 14th, 2012 in appeals, human rights, internet, news, sexual offences, sexual offences prevention orders, voyeurism by sally

“Appeal judges have overturned an order banning a voyeur from surfing the internet, saying it is ‘entirely unreasonable’ for anyone to be denied web access in today’s Britain.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Charles Terence Estates Ltd v Cornwall Council [2012] EWCA Civ 1439 (13 November 2012)

High Court (Queen’s Bench Division)

Stone & Anor v WXY (Person Or Persons Unknown) [2012] EWHC 3184 (QB) (12 November 2012)

Fox v Boulter [2012] EWHC 3183 (QB) (13 November 2012)

High Court (Administrative Court)

Southern Landlords Association, R (on the application of) v Thanet District Council [2012] EWHC 3187 (Admin) (13 November 2012)

High Court (Technology and Construction Court)

Rivercove Trustee Ltd v Van Winkelen (t/a Euro Rubber Lines) [2012] EWHC 2593 (TCC) (05 November 2012)

Genesis Housing Association Ltd v Liberty Syndicate Management Ltd [2012] EWHC 3105 (TCC) (08 November 2012)

Source: www.bailii.org

Viewpoint: What dangers may lie ahead for libellous tweeters – BBC News

Posted November 13th, 2012 in defamation, internet, media, news, publishing by sally

“On 2 November, Newsnight broadcast what are now known to be mistaken claims by former care home resident Steve Messham that he had been sexually abused by a prominent 1980s Conservative politician.”

Full story

BBC News, 13th November 2012

Source: www.bbc.co.uk

Housing: between a rock and a hard place – LegalVoice

Posted November 13th, 2012 in benefits, families, homelessness, housing, law centres, local government, news by sally

“Desperation among local authority housing departments is running so high that homeless families are regularly told they can be given accommodation only if their children go into care, writes Elizabeth Davidson. This shocking response on the part of the authorities is clearly a fob-off given that this would not only breach their legal duties but would cost their social services departments a lot of money.”

Full story

LegalVoice, 13th November 2012

Source: www.legalvoice.org.uk

Legal training system not broken – Law Society’s Gazette

Posted November 13th, 2012 in legal education, news, reports, solicitors by sally

“The City of London Law Society has criticised what it calls ‘misconceived’ assumptions underpinning the landmark review of legal training.”

Full story

Law Society’s Gazette, 13th November 2012

Source: www.lawgazette.co.uk

Bar Barometer 2012 – The Bar Council

Posted November 13th, 2012 in barristers, news, reports, statistics by sally

“The Bar Council and the Bar Standards Board have published their second annual Bar Barometer report. The report details trends in the demographic profile of the Bar between 2007 and 2011/12.”

Bar Barometer (PDF)

The Bar Council, 12th November 2012

Source: www.barcouncil.org.uk

The Current Thinking of the Judiciary – Keynote address by the Senior Presiding Judge

Posted November 13th, 2012 in expert witnesses, judges, news, speeches by sally

The Current Thinking of the Judiciary (PDF)

Keynote address by the Senior Presiding Judge

Bond Solon Conference on Expert Witnesses, 9th November 2012

Source: www.judiciary.gov.uk

Secret courts plan is radical departure from open justice, says committee – The Guardian

Posted November 13th, 2012 in bills, closed material, human rights, intelligence services, news, private hearings, reports by sally

“Secret court hearings should protect only the identity of UK intelligence officers, their sources and security material provided by foreign allies, a critical parliamentary report warns.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Taitt v State of Trinidad and Tobago – WLR Daily

Posted November 13th, 2012 in appeals, crime, law reports, learning difficulties, Privy Council by sally

Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317

“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Iida v Stadt Ulm – WLR Daily

Posted November 13th, 2012 in citizenship, EC law, human rights, immigration, law reports, parental rights by sally

Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315

“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk