Day: 26 April 2013

Judicial Review reform: What does “totally without merit” mean? – Paul Bowen QC – UK Human Rights Blog

Posted April 26th, 2013 in civil procedure rules, judicial review, news, vexatious litigants by tracey

“What is the test the Court should apply in deciding whether an application is ‘totally without merit’? The question is prompted by the Lord Chancellor’s announcement on 23 April 2013 that he will press ahead with plans to reform judicial review procedure to target ‘weak, frivolous and unmeritorious cases’. A key change will be to give judges of the Administrative Court, when refusing permission to apply for judicial review on the papers, the power to certify a claim as ‘totally without merit’ (TWM), thus depriving the claimant of the right to renew the application before the court at an oral hearing.”

Full story

UK Human Rights Blog, 25th April 2013

Surce: www.ukhumanrightsblog.com

The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by tracey

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

Full story

UK Human Rights Blog, 25th April 2013

Source: www.ukhumanrightsblog.com

Jeff King: Deference, Dialogue and Animal Defenders International – UK Constitutional Law Group

Posted April 26th, 2013 in advertising, freedom of expression, human rights, news, political parties, proportionality by tracey

“In Animal Defenders International, the European Court of Human Rights upheld the British ban on political advertising in the broadcast media (s.321 Communications Act 2003), consistently with the judgments of the UK House of Lords and High Court, but in an apparent departure from its previous caselaw in the VgT (Verein gegen Tierfabrik v. Switzerland, no. 24699/94 ECHR 2001‑VI) case. The key issue in the case was whether a blanket ban (or ‘general measure’) was a proportionate restriction of the freedom of expression, or whether some class of exception (a ‘case-by-case’ approach) for groups such as the NGO in this case ought to be recognized.”

Full story

UK Constitutional Law Group, 25th April 2013

Source: www.ukconstitutionallaw.org/blog

 

Health and safety automatic civil liability to end as House of Lords accepts Government’s plans – OUT-LAW.com

Posted April 26th, 2013 in bills, health & safety, news, parliament, strict liability by tracey

“The House of Lords has approved Government plans to prevent companies from being
automatically liable for some workplace injuries after a second vote on the
issue.”

Full story

OUT-LAW.com, 24th April 2013

Soure: www.out-law.com

Employee shareholders approved after House of Lords accepts final concessions – OUT-LAW.com

Posted April 26th, 2013 in bills, contract of employment, employment, news, shareholders by tracey

“‘Employee shareholder’ proposals are set to become law after the House of Lords
accepted further concessions which will see individuals required to obtain
advice from a ‘relevant independent advisor’ before entering into a contract.”

Full story

OUT-LAW.com, 25th April 2013

Source: www.out-law.com

A Further Deposit From the Court of Appeal – NearlyLegal

Posted April 26th, 2013 in appeals, deposits, landlord & tenant, news, rent by tracey

“The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.”

Full story

NearlyLegal, 23rd April 2013

Source: www.nearlylegal.co.uk/blog/

Theresa May’s treaty with Jordan: this is the game-changer she needs – Head of Legal

Posted April 26th, 2013 in deportation, evidence, news, torture, treaties by tracey

“A day after the Court of Appeal refused her permission to appeal to the Supreme Court in the Abu Qatada case, Theresa May’s announcement today of a mutual legal assistance treaty with Jordan seems finally to turn the case in her favour.”

Full story

Head of Legal, 24th April 2013

Source: www.headoflegal.com

Why consensual sex may still be rape – Halsbury’s Law Exchange

Posted April 26th, 2013 in consent, judicial review, news, prosecutions, rape by tracey

“The BBC has reported today that the law on consent has been further defined by the Lord Chief Justice. The article reads: ‘A woman who agreed to sex might still be the victim of rape, the High Court has ruled. The most senior judge in England and Wales and two other judges said there was consensual penetration, but the man behaved aggressively and ignored the woman’s demand that he not ejaculate.’ ”

Full story

Halsbury’s Law Exchange, 25th April 2013

Source: www.halsburyslawexchange.co.uk

Natalie Jarvis murder: Boyfriend Adam Whelehan jailed for life – BBC News

Posted April 26th, 2013 in murder, news, sentencing by tracey

“A man who stabbed his girlfriend 19 times in the neck in order to end their
relationship has been sentenced to life in prison.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Leveson report: Newspapers reject press regulation plans – BBC News

Posted April 26th, 2013 in charters, freedom of expression, media, news by tracey

“The newspaper industry has rejected a plan for press regulation agreed by the
three main political parties in the wake of the Leveson Inquiry.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Files that may shed light on colonial crimes still kept secret by UK – The Guardian

Posted April 26th, 2013 in confidentiality, crime, documents, government departments, news by tracey

“Secret government files from the final years of the British empire are still being concealed despite a pledge by William Hague, the foreign secretary, that they would be declassified and opened to the public.”

Full story

The Guardian, 26th April 2013

Source: www.guardian.co.uk

Peterborough rapist John Hinton jailed indefinitely – BBC News

Posted April 26th, 2013 in assault, news, rape, sentencing, wounding by tracey

“A man who raped a 15-year-old girl and assaulted three other women within the
space of four hours has been jailed indefinitely.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Law ending exclusively male royal succession now law – BBC News

Posted April 26th, 2013 in constitutional law, constitutional reform, legislation, news, royal family, succession, women by tracey

“A bill which ends succession to the Crown based on gender has become law.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Hillsborough disaster police officers to refuse to give evidence to inquest – The Guardian

Posted April 26th, 2013 in delay, evidence, health & safety, inquests, news, police, sport by tracey

“Police officers on duty at Sheffield Wednesday’s Hillsborough football ground when 96 Liverpool supporters died in 1989 will refuse to give evidence to the new inquest into the disaster, their barristers have said at a pre-inquest hearing.”

Full story

The Guardian, 25th April 2013

Source: www.guardian.co.uk

Victory for family denied cancer claim payout for father – The Guardian

Posted April 26th, 2013 in cancer, disclosure, financial services ombudsman, health, insurance, news by tracey

“The family of a man who died of cancer but whose life insurance payout was refused on the grounds that he failed to disclose pins and needles have won their fight against Friends Life, after the financial ombudsman ruled that the insurer was wrong to cancel his policy.”

Full story

The Guardian, 26th April 2013

Source: www.guardian.co.uk

Godolphin doping: Mahmood Al Zarooni gets eight-year ban – BBC News

Posted April 26th, 2013 in disqualification, drug abuse, horse racing, horses, news, sport by tracey

“Godolphin trainer Mahmood Al Zarooni has been banned from racing for eight years
after doping horses at one of the world’s leading racing operations.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

 

Met Police’s Sapphire rape units facing shake-up – BBC News

Posted April 26th, 2013 in child abuse, complaints, London, news, police, rape, sexual offences by tracey

“The Metropolitan Police teams that specialise in rape and sex assault cases are
to undergo a major reorganisation after a series of failed investigations, the
BBC has learned.”

Full story

BBC News, 26th April 2013

Source: www.bbc.co.uk

Judge throws out Sir Victor Blank’s bid to stop basement development – Daily Telegraph

Posted April 26th, 2013 in housing, injunctions, news, planning by tracey

“A High Court judge has opened the way for a City trader to build an underground
swimming pool at his London home, despite objections from a string of
high-profile neighbours, including Sir Victor Blank, the former banker, and
Richard Madeley, the television presenter.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

Father loses custody fight for child he never knew he had – Daily Telegraph

Posted April 26th, 2013 in adoption, appeals, custody, news, parental rights by tracey

“A ‘cruelly deceived’ father whose son was put up for adoption without him even
knowing of his existence has had his hopes of gaining custody dashed following a
court ruling.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk