Sunday is not a day of rest: Christian discrimination appeal dismissed – Halsbury’s Law Exchange

‘The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.’

Full story

Halsbury’s Law Exchange, 17th December 2013

Source: www.halsburyslawexchange.co.uk

Isa Muazu loses legal battle after starving self – BBC News

Posted December 17th, 2013 in asylum, demonstrations, deportation, immigration, mental health, news, tribunals by sally

‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted December 17th, 2013 in parliamentary papers by sally

Asylum, Cm 8769 (PDF)

Ending Gang and Youth Violence: Annual Report 2013, Cm 8746 (PDF)

Draft Modern Slavery Bill, Cm 8770 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 17th, 2013 in legislation by sally

The Caribbean Development Bank (Eighth Replenishment of the Unified Special Development Fund) Order 2013

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

The Local Elections (Northern Ireland) Order 2013

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013

The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013

The Capital Requirements Regulations 2013

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.2) Order 2013

The Land Registration Fee Order 2013

The Inspectors of Education, Children’s Services and Skills (No. 9) Order 2013

The Education (Inspectors of Education and Training in Wales) (No. 2) Order 2013

Source: www.legislation.gov.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

In re A (Children) (Adoption: Placement Order) – WLR Daily

Posted December 17th, 2013 in adoption, appeals, law reports by sally

In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494

‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily

Posted December 17th, 2013 in appeals, EC law, intellectual property, law reports, regulations, trade marks, treaties by sally

Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) Case (C-445/12P); [2013] WLR (D) 493

‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted December 17th, 2013 in appeals, law reports, marriage, registrars, Supreme Court by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2013] UKSC 77; [2013] WLR (D) 492

‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’

WLR Daily, 11th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Plevin v Paragon Personal Finance Ltd & Anor [2013] EWCA Civ 1658 (16 December 2013)

High Court (Administrative Court)

Ioannou v Secretary of State for Communities And Local Government & Anor [2013] EWHC 3945 (Admin) (16 December 2013)

SP, R (On the Application Of) v The Lord Chancellor [2013] EWHC 4011 (Admin) (12 December 2013)

Hampton Bishop Parish Council, R (On the Application Of) v Herefordshire Council [2013] EWHC 3947 (Admin) (16 December 2013)

High Court (Family Division)

HA (A Child) , Re [2013] EWHC 3634 (Fam) (28 November 2013)

Source: www.bailii.org

Jeremy Forrest: school staff ‘missed repeated chances to blow whistle’ – The Guardian

Posted December 17th, 2013 in child abduction, child abuse, news, reports, sexual grooming, teachers by sally

‘School staff missed repeated opportunities to blow the whistle on inappropriate conduct between the maths teacher Jeremy Forrest and the teenage schoolgirl he went on to abduct, a damning review has found.’

Full story

The Guardian, 16th December 2013

Source: www.guardian.co.uk

Jessie J gig murderer loses conviction appeal – BBC News

Posted December 17th, 2013 in appeals, homicide, murder, news, sentencing by sally

‘A man jailed for murdering a father-of-two with a bottle at an event where singer Jessie J was performing has lost his conviction and sentence appeal.’

Full story

BBC News, 16th December 2013

Source: www.bbc.co.uk

Don’t Think Twice, It’s All Right (To Manage) – NearlyLegal

Posted December 17th, 2013 in housing, leases, news, tribunals by sally

‘The right to manage provisions in Commonhold and Leasehold Reform Act 2002 have been an incredibly fertile source of litigation. Thanks Parliament. No, really, thanks a lot. One reason might be the drafting of the legislation itself (as J has said, you could never accuse it of being user friendly) The challenges have focused on the two key elements – the qualifying criteria (or what I am loosely calling “qualifying criteria”) and the procedural requirements. The judicial trend in respect of both has been in favour of allowing the right to manage to be acquired, so far as possible (Exhibit 1 for qualifying criteria: Gala Unity v Ariadne Road; Exhibit 2 for procedure: Avon Freeholds v Regent Court RTM).’

Full story

NearlyLegal, 16th December 2013

Source: www.nearlylegal.co.uk

Prisons: Efforts to cut reoffending ‘not working’ – BBC News

Posted December 17th, 2013 in news, prisons, probation, recidivists, rehabilitation, reports by sally

‘Efforts to stop prisoners reoffending are “not working” and should be the subject of a major policy review, two senior inspectors have said.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Assisted suicide ruling cannot ignore right and wrong, says judge – Daily Telegraph

Posted December 17th, 2013 in assisted suicide, euthanasia, judges, news, Supreme Court, trials by sally

‘Moral questions of right and wrong cannot be “ignored” when deciding whether to allow assisted suicide, senior judge says in landmark challenge to Britain’s euthanasia laws.’

Full story

Daily Telegraph, 16th December 2013

Source: www.telegraph.co.uk

Car insurance too high, says Competition Commission – The Guardian

Posted December 17th, 2013 in competition, consumer protection, insurance, news, road traffic by sally

‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

‘Let reformed drug addicts become magistrates’, suggests think tank – The Independent

Posted December 17th, 2013 in courts, drug abuse, magistrates, news, rehabilitation by sally

‘Ex-offenders who’ve turned away from crime would be ideally suited to help deal with low-level offenders.’

Full story

The Independent, 17th December 2013

Source: www.independent.co.uk

College of Policing review tries to prevent deaths in custody – BBC News

Posted December 17th, 2013 in death in custody, education, mental health, news, police, race discrimination, restraint by sally

‘The College of Policing is reviewing its training to try to prevent more people dying in police custody in England and Wales, the BBC has learned.;

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk