June 2014 – Page 17 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

Posted June 4th, 2014 in legislation by tracey

The Civil Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2014

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2014

The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2014

The Misuse of Drugs (Designation) (Amendment) (No. 2) (England, Wales and Scotland) Order 2014

The Central African Republic (Sanctions) (Overseas Territories) Order 2014

The European Communities (Designation) Order 2014

The Copyright (Public Administration) Regulations 2014

The Copyright and Rights in Performances (Disability) Regulations 2014

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily

Posted June 4th, 2014 in appeals, deportation, detention, false imprisonment, immigration, judicial review, law reports by tracey

Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening):[2014] EWCA Civ 718; [2014] WLR (D) 240

‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others – WLR Daily

Posted June 4th, 2014 in civil procedure rules, committals, company directors, contempt of court, EC law, jurisdiction, law reports, practice directions by tracey

Dar Al Arkan Real Estate Development Co and another v Majid Al-Sayed Bader Hashim Al Refai and others: [2014] EWCA Civ 715; [2014] WLR (D) 239

‘CPR r 81.4(3), which gave the court power to order that a company director or officer be imprisoned for a company’s contempt, applied to a director who was outside the jurisdiction.’

WLR Daily, 23rd May 2014

Source: www.iclr.co.uk

Hines v Lambeth London Borough Council – WLR Daily

Posted June 4th, 2014 in appeals, benefits, carers, children, EC law, families, housing, immigration, law reports by tracey

Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238

‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’

WLR Daily, 20th May 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 4th, 2014 in law reports by tracey

Family Court Decisions (other Judges)

R (Mother) v Milton Keynes Council & Ors [2014] EWFC B66 (OJ) (3 June 2014)

The Public Guardian v JW [2014] EWFC B67 (OJ) (03 June 2014)

F v SCC [2014] EWFC B61 (OJ) (28 May 2014)

C and H (Minors) (care and placement orders) [2014] EWFC B60 (27 May 2014)

High Court (Administrative Court)

Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) (30 May 2014)

High Court (Queen’s Bench Division)

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB) (03 June 2014)

Coll v Floreat Merchant Banking Ltd & Ors [2014] EWHC 1741 (QB) (03 June 2014)

Source: www.bailii.org

Appeal court set for triple Mitchell showdown – Law Society’s Gazette

Posted June 4th, 2014 in appeals, budgets, case management, civil procedure rules, costs, delay, news by tracey

‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’

Full story

Law Society’s Gazette, 3rd June 2014

Source: www.lawgazette.co.uk

Afusat Saliu and children ‘deported to Nigeria’ – BBC News

Posted June 4th, 2014 in asylum, children, deportation, families, female genital mutilation, judicial review, news by tracey

‘A woman who fought to stay in the UK over fears her daughters could face female genital mutilation in Nigeria has been deported, her lawyer has said.’

Full story

BBC News, 4th June 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 3rd, 2014 in legislation by sally

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2014

The International Tax Enforcement (Uruguay) Order 2014

The International Tax Enforcement (British Virgin Islands) Order 2014

The International Tax Enforcement (Turks and Caicos Islands) Order 2014

The Merchant Shipping (Convention Relating to the Carriage of Passengers and their Luggage by Sea) Order 2014

The Crossrail (Insertion of Review Clauses) Order 2014

The Territorial Sea (Baselines) Order 2014

The Crown Agents Holding and Realisation Board (Dissolution) Order 2009

The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014

The International Tax Enforcement (Anguilla) Order 2014

The International Tax Enforcement (Gibraltar) Order 2014

The Misuse of Drugs Act 1971 (Amendment) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2014

The Limitation of Liability for Maritime Claims (Parties to Convention) Order 1986 and the Carriage of Passengers and their Luggage by Sea (Parties to Convention) Order 1987 (Revocation) Order 2014

Source: www.legislation.gov.uk

Succession and Sharia – NearlyLegal

Posted June 3rd, 2014 in appeals, islamic law, landlord & tenant, married persons, news, succession by sally

‘From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in London and the couple had two children in 1991 and 1994. Importantly for the purposes of this case, there was no civil ceremony.’

Full story

NearlyLegal, 1st June 2014

Source: www.nearlylegal.co.uk

Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent

Posted June 3rd, 2014 in appeals, asylum, deportation, immigration, injunctions, news, tribunals by sally

‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’

Full story

The Independent, 3rd June 2014

Source: www.independent.co.uk

Laws on legal professional privilege “need to catch up with digital age” – Legal Futures

Posted June 3rd, 2014 in electronic mail, internet, legal profession, news, privilege, reports by sally

‘National laws on protecting privileged legal communications are outdated and need to be brought into the digital age, according to the body representing Europe’s lawyers.’

Full story

Legal Futures, 2nd June 2014

Source: www.legalfutures.co.uk

Landlords face prosecution over criminal tenants – Daily Telegraph

Posted June 3rd, 2014 in bills, confiscation, landlord & tenant, news, sentencing by sally

‘New offence to be announced in the Queen’s Speech will make it an offence to turn a blind eye to criminal behaviour on your property – with a punishment of up to five years in jail.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

How to get Google to remove outdated links to your personal data – RPC Privacy Law

Posted June 3rd, 2014 in data protection, internet, news, privacy by sally

‘Google has today announced how it intends to deal with the European Court’s judgment in the Google Spain case. In today’s Financial Times Google’s CEO, Larry Page, has confirmed that Google will take steps to recognise individuals’ “right to be forgotten” in appropriate cases. It will do so by introducing an online mechanism for users to request the removal from search results of links to data that are outdated.’

Full story

RPC Privacy Law, 30th May 2014

Source: www.rpc.co.uk

Laws to protect elderly from abuse left out of Queen’s Speech – Daily Telegraph

Posted June 3rd, 2014 in bills, care homes, elderly, news, speeches by sally

‘New legislation designed to protect the elderly from abusive carers will no longer be included in next week’s Queen’s Speech.’

Full story

Daily Telegraph, 3rd June 2014

Source: www.telegraph.co.uk

Emily MacKenzie: The Lawfulness of Detention by British Forces in Afghanistan – Serdar Mohammed v Ministry of Defence – UK Constitutional Law Association

Posted June 3rd, 2014 in Afghanistan, armed forces, detention, human rights, international law, news, time limits, treaties, United Nations by sally

‘On 2nd May, the High Court held that the UK Government must pay Serdar Mohammed (SM) compensation because British troops detained him unlawfully in Afghanistan. The case raised a myriad of international law issues, which are dealt with elegantly in an extensive judgment by Mr Justice Leggatt. This post will attempt to summarise some of the key issues involved.’

Full story

UK Constitutional Law Association, 2nd June 2014

Source: www.ukconstitutionallaw.org

Don’t ask the surveyor – NearlyLegal

Posted June 3rd, 2014 in appeals, apportionment, housing, jurisdiction, leases, news, service charges, surveyors, tribunals by sally

‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’

Full story

NearlyLegal, 2nd June 2014

Source: www.nearlylegal.co.uk

Professionals who do legal work for gangsters face prosecution under new offence – The Independent

Posted June 3rd, 2014 in accountants, assets recovery, barristers, confiscation, corruption, crime, news, sentencing, solicitors by sally

‘Crooked accountants, lawyers and other professionals who profit from crime but are beyond the reach of the law will be targeted under measures to be announced in tomorrow’s Queen’s Speech.’

Full story

The Independent, 3rd June 2014

Source: www.independent.co.uk

Researchers given ‘data mining’ right under new UK copyright laws – OUT-LAW.com

Posted June 3rd, 2014 in computer programs, copyright, education, intellectual property, libraries, news by sally

‘Copying content from online journals or other texts for the purposes of non-commercial research is no longer an infringement of UK copyright laws providing copiers have lawful access to that content and they, generally, make “a sufficient acknowledgement” of the original work.’

Full story

OUT-LAW.com, 2nd June 2014

Source: www.out-law.com

Our advance directives about how we should die should be respected – Court of Protection – UK Human Rights Blog

Posted June 3rd, 2014 in Court of Protection, human rights, medical treatment, news by sally

‘In a careful and humane judgment, the Court of Protection has demonstrated that the law is capable of overlooking the stringent requirements of the conditions governing advance directives, and stressed that a “holistic” view of the patients’ wishes and feelings must be adopted, if those point to the withdrawal of life saving treatment.’

Full story

UK Human Rights Blog, 2nd June 2014

Source: www.ukhumanrightsblog.com