13/05/2013 – Current Awareness

“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2013 in legislation by tracey

The New Parks for People (England) Joint Scheme (Authorisation) Order 2013

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013

The Town and Country Planning (Compensation) (England) Regulations 2013

The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013

The Coroners and Justice Act 2009 (Commencement No. 13) Order 2013

The Registered Pension Schemes (Reduction in Pension Rates, Accounting and Assessment) (Amendment) Regulations 2013

The Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted May 13th, 2013 in parliamentary papers by tracey

Government response to the Political and Constitutional Reform Select Committee report: the prospects for codifying the relationship between central and local government Government response to the Political and Constitutional Reform Committee’s report, Cm 8623 (PDF)

The Care Bill explained: including a response to consultation and pre-legislative scrutiny on the draft Care and Support Bill, Cm 8627 (PDF)

Government response to the Northern Ireland Affairs Committee pre-legislative scrutiny report on the draft Northern Ireland (Miscellaneous Provisions) Bill, Cm 8621 (PDF)

Government response to the fifth report of the House of Commons Work and Pensions Select Committee, session 2012-13, into Part 1 of the draft Pensions Bill, Cm 8620 (PDF)

Source: www.official-documents.gov.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

Full story

Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

Costs Management Pilot Report – Judiciary of England and Wales

Posted May 13th, 2013 in costs, judiciary, pilot schemes, practice directions, proportionality, reports, solicitors by tracey

“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”

Full report

Judiciary of England & Wales, 10th May 2013

Source: www.judiciary.gov.uk

CPS publishes Guidance on Charging Offences arising from Driving Incidents following public consultation – Crown Prosecution service

Posted May 13th, 2013 in consultations, Crown Prosecution Service, press releases, prosecutions, public interest, road traffic offences by tracey

“The Crown Prosecution Service has today published its Guidance on Charging Offences arising from Driving Incidents. The two most significant changes from previous guidance concern drivers in emergencies and deaths where the victim is a close friend or relative of the driver.”

Full press release

Crown Prosecution Service, 9th May 2013

Source: www.cps.gov.uk

Bar Standards Board extends first registration phase for QASA – Bar Standards Board

Posted May 13th, 2013 in alternative business structures, barristers, consultations, legal aid, press releases, quality assurance, solicitor advocates by tracey

“The Bar Standards Board will extend the first QASA registration period to ensure that the Criminal Bar will have more time to consider the consequences of government changes to legal aid before registering. The end of the first registration period will now be 9 March 2014, which will be after the Ministry of Justice publishes its final response to the consultation, ‘Transforming legal aid: delivering a more credible and efficient system’.”

Full press release

Bar Standards Board, 10th May 2013

Source: www.barstandardsboard.org.uk

Employment tribunal to lose power to make wider recommendations in discrimination cases – OUT-LAW.com

Posted May 13th, 2013 in bills, employment tribunals, equality, health & safety, national insurance, news, regulations by tracey

“The Government is to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim, it has announced.”

Full story

OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

Posted May 13th, 2013 in appeals, fiduciary duty, financial advice, mistake, negligence, news, Supreme Court by tracey

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

Full story

OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Yet another one…NearlyLegal

Posted May 13th, 2013 in appeals, enfranchisement, housing, leases, news by tracey

“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”

Full story

NearlyLegal, 12th May 2013

Source: www.nearlylegal.co.uk

To be incurred or not to be incurred? – NearlyLegal

Posted May 13th, 2013 in appeals, landlord & tenant, news, service charges by tracey

“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”

Full story

NearlyLegal, 10th May 2013

Source: www.nearlylegal.co.uk

Making your child go to school: teenager’s chaotic lifestyle and parent’s inability to control not a defence to prosecution – Education Law Blog

Posted May 13th, 2013 in interpretation, news, parental responsibility, school children by tracey

“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”

Full story

Education Law Blog, 10th May 2013

Source: www.education11kbw.com

Finance and Divorce May 2013 update – Family Law Week

Posted May 13th, 2013 in benefits, divorce, family courts, financial provision, legal aid, litigants in person, news, presumption of death orders by tracey

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the April financial remedies and divorce news and cases.”

Full story

Family Law Week, 12th May 2013

Source: www.familylawweek.co.uk

Stephen Lawrence murder: David Norris refused right to appeal – The Guardian

Posted May 13th, 2013 in appeals, murder, news, racism by tracey

“Court of appeal rejects application by David Norris to appeal against conviction for 1993 racist murder.”

Full story

The Guardian, 10th May 2013

Soruce: www.guardian.co.uk

Derbyshire father Nathan Pick jailed for seven years for killing baby son – The Guardian

Posted May 13th, 2013 in causing death of children or vulnerable adults, disabled persons, homicide, news, sentencing by tracey

“A father has been jailed for seven years after admitting killing his disabled seven-month-old son. Nathan Pick, 38, lashed out at the baby, James-Lee, because he could not get him to stop screaming.”

Full story

The Guardian, 10th May 2013

Source: www.guardian.co.uk

Papers drop veto on watchdog appointments – BBC News

Posted May 13th, 2013 in inquiries, media, news, ombudsmen, professional conduct, regulations, veto by tracey

“Newspaper owners have backed down on demands to have a veto over the board members of any new press regulator.”

Full story

BBC News, 10th May 2013

Source: www.bbc.co.uk

Aberystwyth doctor six-month ban for ‘flirting’ texts – BBC News

Posted May 13th, 2013 in abuse of position of trust, doctors, harassment, medical ethics, medical records, news, privacy, professional conduct by tracey

“A doctor who worked at Aberystwyth’s Bronglais hospital has been struck off for six months after sending flirtatious texts messages.”

Full story

BBC News, 10th May 2013

Source: www.bbc.co.uk

Dental nurse wins case after being given written warning for eating apple – Daily Telegraph

Posted May 13th, 2013 in appeals, compensation, constructive dismissal, dentists, employment tribunals, news, professional conduct by tracey

“A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

Posted May 13th, 2013 in appeals, compensation, costs, damages, health & safety, news, personal injuries, police by tracey

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

Full story

Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk