Month: March 2014

No maternity rights for commissioning mother in surrogacy case – UK Human Rights Blog

Posted March 28th, 2014 in EC law, equality, maternity leave, news, surrogacy by sally

‘The European Court (CJEU) has now considered two requests for preliminary ruling made in proceedings between intended mothers (also referred to as a commissioning mother) who have had babies through a surrogacy arrangement, and their employers concerning the refusal to grant them paid leave following the birth of the babies. It has replied that EU law does not provide for commissioning mothers to be entitled to paid leave equivalent to maternity leave or adoption leave.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

Judicial Review Reform: All about the money, money, money? – UK Human Rights Blog

Posted March 28th, 2014 in bills, budgets, judicial review, legal aid, news by sally

‘As MPs and Peers consider the Civil Legal Aid (Remuneration)(Amendment)(No 3) Regulations and the Criminal Justice and Courts Bill, Angela Patrick, Director of Human Rights Policy at JUSTICE considers the Lord Chancellor’s view that proposed judicial review changes do not restrict access to judicial review remedies or restrict the rule of law.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

Alexander Horne: Is there a case for greater legislative involvement in the judicial appointments process? – UK Constitutional Law Association

Posted March 28th, 2014 in constitutional law, constitutional reform, judiciary, news, parliament by sally

‘The dramatic increase in public law and human rights cases coming before the UK Supreme Court (and the Appellate Committee before it) means that the UK’s top court is more frequently determining essentially socio-political questions. In addition, in recent years, the judiciary has pressed for a rather more expansive definition of judicial independence, with a greater emphasis on the institutional independence of the judiciary. This has tended to lead to more powerful leadership roles, for senior judges in particular.

Full story

UK Constitutional Law Association, 27th March 2014

Source: www.ukconstitutionallaw.org

Rape victim’s children face ‘barbaric’ forced adoption – BBC News

Posted March 28th, 2014 in adoption, children, domestic violence, news, rape by sally

‘A mother has described a decision to put her children up for adoption over fears that she may get back with her violent former partner as “barbaric”.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

Drug driving limits announced – Daily Telegraph

Posted March 28th, 2014 in drug abuse, drug offences, news, road traffic offences by sally

‘Legal limits to prevent drug driving have been set out for the first time by ministers in new laws which will come into force this autumn’

Full story

Daily Telegraph, 27th March 2014

Source: www.telegraph.co.uk

Hillsborough stadium tragedy inquests: Families await a fresh moment for truth – The Independent

Posted March 28th, 2014 in health & safety, inquests, news, sport by sally

‘The first of the new inquests into a 25-year-old tragedy begins next week, reopening old wounds but also reawakening hopes of closure and justice. Jonathan Brown explains how much is at stake.’

Full story

The Independent, 27th March 2014

Source: www.independent.co.uk

FGM charges against doctor criticised by obstetricians and gynaecologists – The Guardian

Posted March 28th, 2014 in doctors, female genital mutilation, news, prosecutions by sally

‘A group of consultant obstetricians and gynaecologists have joined the growing chorus of criticism by maternal health experts of the decision to prosecute a doctor for female genital mutilation.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Rapper Joshua Ribera’s killer Armani Mitchell jailed – BBC News

Posted March 28th, 2014 in murder, news, sentencing by sally

‘A teenager who murdered a Birmingham rapper in a street stabbing has been jailed for a minimum of 18 years.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

Foreign convicts awaiting deportation held in jail limbo for years – The Independent

Posted March 28th, 2014 in deportation, detention, human rights, news, visas by sally

‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’

Full story

The Independent, 27th March 2014

Source: www.independent.co.uk

Barristers call off walkout after legal aid cuts suspended – The Guardian

Posted March 28th, 2014 in barristers, budgets, criminal justice, fees, industrial action, legal aid, news by sally

‘Criminal barristers have called off their industrial action over legal aid payments after reaching a deal with the Ministry of Justice to suspend cuts until after the next general election.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Woman jailed for being drunk and abusive on flight from Crete to UK – The Guardian

Posted March 27th, 2014 in aircraft, alcohol abuse, news, sentencing by tracey

‘A woman has been jailed after admitting to being drunk and abusive on an aircraft.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Jimmy Savile: Schools and children’s homes face investigation – BBC News

Posted March 27th, 2014 in care homes, education, health, local government, news by tracey

‘Claims Jimmy Savile abused children at 21 children’s homes and schools in England must be investigated by local authorities, the government has said.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

West Midlands Police officers jailed for Oldbury house theft – BBC News

Posted March 27th, 2014 in guilty pleas, news, police, sentencing, theft by tracey

‘Two police officers who stole cash and cigarettes from a house have been jailed after being caught in a sting operation by their own force.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

Rule committee sets the date for costs budgeting expansion – Litigation Futures

Posted March 27th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The extended costs budgeting regime for all multi-track cases worth up to £10m will come into force on 22 April, it was confirmed today.’

Full story

Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures

Posted March 27th, 2014 in civil procedure rules, costs, news, sanctions by tracey

‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’

Full story

Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

Damian Green: new rehabilitation powers for magistrates – Ministry of Justice

Posted March 27th, 2014 in magistrates, press releases, rehabilitation, supervision orders by tracey

‘Magistrates will be given new powers as part of the Government’s reforms of rehabilitation.’

Full press release

Ministry of Justice, 25th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2014 in legislation by tracey

The Financial Services (Banking Reform) Act 2013 (Commencement No. 4) Order 2014

The Non-Domestic Rating (Levy and Safety Net) (Amendment) Regulations 2014

The HGV Road User Levy (Exemption of Specified Roads) Order 2014

The Guardian’s Allowance Up-rating Order 2014

The Marriage of Same Sex Couples (Use of Armed Forces’ Chapels) Regulations 2014

The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

The Parochial Fees and Scheduled Matters Amending Order 2014

The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Bhatia Best Ltd v Lord Chancellor – WLR Daily

Posted March 27th, 2014 in appeals, homelessness, law firms, law reports, legal aid by tracey

Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB);   [2014] WLR (D)  142

‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’

WLR Daily, 17th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 27th, 2014 in law reports by tracey

Supreme Court

Durkin v DSG Retail Ltd & Anor [2014] UKSC 21 (26 March 2014)

Kennedy v The Charity Commission [2014] UKSC 20 (26 March 2014)

Court of Appeal (Civil Division)

N v N [2014] EWCA Civ 314 (26 March 2014)

D (A Child) [2014] EWCA Civ 315 (26 March 2014)

Farah v London Borough of Hillingdon [2014] EWCA Civ 359 (26 March 2014)

Zurich Insurance Plc v Umerji [2014] EWCA Civ 357 (25 March 2014)

G (Children), Re [2014] EWCA Civ 336 (25 March 2014)

Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305 (25 March 2014)

Mehjoo v Harben Barker (a firm) & Anor [2014] EWCA Civ 358 (25 March 2014)

Saville v Central Capital Ltd [2014] EWCA Civ 337 (24 March 2014)

High Court (Administrative Court)

Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014)

Loughlin v Singh & Ors [2014] EWHC 912 (Admin) (26 March 2014)

Moseka v Nursing and Midwifery Council [2014] EWHC 846 (Admin) (26 March 2014)

Nursing and Midwifery Council v Kidd & Anor [2014] EWHC 847 (Admin) (26 March 2014)

Nestwood Homes Developments Ltd, R (On the Application Of) v South Holland District Council [2014] EWHC 863 (Admin) (25 March 2014)

London Borough of Islington & Ors v The Mayor of London [2014] EWHC 751 (Admin) (25 March 2014)

Golfrate Property Management Ltd & Anor, R (On the Application Of) v The Crown Court At Southwark & Anor [2014] EWHC 840 (Admin) (25 March 2014)

Great Yarmouth Port Company & Anor, R (On the Application Of) v Marine Management Organisation & Anor [2014] EWHC 833 (Admin) (24 March 2014)

High Court (Chancery Division)

Brooke & Ors v Purton & Ors [2014] EWHC 547 (Ch) (26 March 2014)

First Subsea Ltd v Balltec Ltd & Ors [2014] EWHC 866 (Ch) (25 March 2014)

High Court (Commercial Court)

Sax v Tchernoy [2014] EWHC 795 (Comm) (26 March 2014)

Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 864 (Comm) (26 March 2014)

Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)

High Court (Family Division)

MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)

High Court (Patents Court)

Starsight Telecast Inc & Anor v Virgin Media Ltd & Ors [2014] EWHC 828 (Pat) (26 March 2014)

High Court (Queen’s Bench Division)

Johnston v League Publications Ltd & Ors [2014] EWHC 874 (QB) (26 March 2014)

White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)

Source: www.bailii.org

 

High Court asks government to appear at South Bank village green hearing – OUT-LAW.com

Posted March 27th, 2014 in local government, news, planning by tracey

‘A High Court judge has adjourned a judicial review hearing of Lambeth Council’s decision that an application to register land at the Southbank Centre’s skateboard undercroft as a village green was not valid to ask the UK government to appear at the hearing.’

Full story

OUT-LAW.com, 25th March 2014

Source: www.out-law.com