‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’
The Independent, 22nd July 2014
Source: www.independent.co.uk
‘Ian Watkins, the former lead singer of the Lostprophets, has lost a bid to reduce his 35-year sentence for a string of sex offences against children, including the attempted rape of a baby.’
The Guardian, 23rd July 2014
Source: www.guardian.co.uk
‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D) 328
‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012; [2014] WLR (D) 331
‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’
WLR Daily, 21st July 2014
Source: www.iclr.co.uk
PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011; [2014] WLR (D) 329
‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’
WLR Daily, 18th July 2014
Source: www.iclr.co.uk
‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’
WLR Daily, 15th July 2014
Source: www.iclr.co.uk
Regina v Jones (Nicholas) [2014] WLR (D) 319
‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’
WLR Daily, 16th July 2014
Source: www.iclr.co.uk
‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094; [2014] WLR (D) 322
‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’
WLR Daily, 17th July 2014
Source: www.iclr.co.uk
‘The application for a judicial review of the new legislation, which was passed with support from the three main parties, is to be mounted by the human rights organisation Liberty on behalf of the two backbench MPs.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
‘The current British definition of terrorism is so broadly drawn that it could even catch political journalists and bloggers who publish material that the authorities consider dangerous to public safety, said the official counter-terrorism watchdog.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’
OUT-LAW.com, 22nd July 2014
Source: www.out-law.com
‘A panel of judges at Cardiff crown court will decide whether the convicted paedophile has grounds for appeal.’
The Guardian, 23rd July 2014
Source: www.guardian.co.uk
‘New provisions requiring accelerated payment of tax in certain tax avoidance schemes, which became law last week, will be extended to National Insurance Contributions (NICs) two months after the National Insurance Contributions Bill 2014 becomes law, the government has announced.’
OUT-LAW.com, 22nd July 2014
Source: www.out-law.com
‘A government review looking into freedom of movement across the EU has not recommended any sweeping reforms to immigration rules in a report likely to disappoint Conservative Eurosceptics.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
‘A police officer has been suspended after a video posted online appeared to show him threatening to “knock out” a woman in Stoke-on-Trent.’
BBC News, 22nd July 2014
Source: www.bbc.co.uk
‘A police force has warned schoolchildren who share so-called “sexts” with friends over the internet that they could face prosecution in the criminal courts.’
The Guardian, 22nd July 2014
Source: www.guardian.co.uk
‘One for spy thriller fans and conspiracy theorists: in the last year, the government has asked judges five times to let it give secret evidence to defend itself in otherwise open court cases.’
BBC News, 22nd July 2014
Source: www.bbc.co.uk
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