Day: 18 December 2014
28-day police bail limit proposed for England and Wales – BBC News
‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog
‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’
UK Human Rights Blog, 17th December 2014
Source: www.ukhumanrightsblog.com
Judicial Review: Case Update – No. 5 Chambers
‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’
Full story (PDF)
No. 5 Chambers, 15th December 2014
Source: www.no5.com
Asset finance in the education sector: the ultra vires predicament – Henderson Chambers
‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’
Full story (PDF)
Henderson Chambers, 18th December 2014
Source: www.hendersonchambers.co.uk
Settling a taxing point about taxation of settlement agreements – Cloisters
‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’
Cloisters, 12th December 2014
Source: www.cloisters.com
Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers
‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’
Full story (PDF)
No. 5 Chambers, 16th December 2014
Source: www.no5.com
Regina (Gordon-Jones) v Secretary of State for Justice and another – WLR Daily
‘Prison Service Instruction (“PSI”) 30/2013 was unlawful in so far as it included books as earnable within the Incentives and Earned Privileges Scheme and excluded them from items that could be sent to or received by prisoners.’
WLR Daily, 5th December 2014
Source: www.iclr.co.uk
In re A (A Child) (Financial Provision) – WLR Daily
In re A (A Child) (Financial Provision) [2014] EWCA Civ 1577; [2014] WLR (D) 529
‘The “millionaire’s defence” survived to some degree when the court was determining the appropriate financial provision for the illegitimate child of a father of very great wealth. Accordingly it was not appropriate to contend for a “fair proportion” of the wealth when seeking to determine a sum representing the reasonable needs of the child for the purposes of Schedule 1 to the Children Act 1989.’
WLR Daily, 10th December 2014
Source: www.iclr.co.uk
Regina (Larkfleet Homes Ltd) v Rutland County Council – WLR Daily
Regina (Larkfleet Homes Ltd) v Rutland County Council [2014] EWHC 4095 (Admin); [2014] WLR (D) 534
‘Section 17(7)(za) of the Planning and Compulsory Purchase Act 2004 and regulation 5 of the Town and Country Planning (Local Planning) (England) Regulations 2012 did not prevent the allocation of precise sites for particular development in a neighbourhood development plan.’
WLR Daily, 8th December 2014
Source: www.iclr.co.uk
Davies v O’Kelly – WLR Daily
Davies v O’Kelly [2014] EWCA Civ 1606; [2014] WLR (D) 535
‘In general, equity would not come to the aid of a party who had to rely on his unlawful purpose, but if his right to an equitable interest in property could be identified without the need to rely on his unlawful purpose it might be enforced. In particular, notwithstanding an unlawful purpose between a couple in purchasing property, where the couple later separated it was possible, in the case of a constructive trust just as in the case of a resulting trust, to find, where one of the parties was advancing a claim to his beneficial interest in the relevant property, that he had no need to rely on the unlawful purpose and could therefore advance his claim.’
WLR Daily, 11th December 2014
Source: www.iclr.co.uk
Hayes v Butters and another – WLR Daily
Hayes v Butters and another [2014] WLR (D) 536
‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’
WLR Daily, 10th December 2014
Source: www.iclr.co.uk
New domestic abuse law on controlling behaviour unveiled – BBC News
‘A new domestic abuse offence for “coercive and controlling behaviour” within relationships has been announced by the home secretary.’
BBC News, 18th December 2014
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
- De Silva v R [2014] EWCA Crim 2616 (17 December 2014)
- Iqbal v R [2014] EWCA Crim 2650 (16 December 2014)
Court of Appeal (Civil Division)
- Jarden Consumer Solutions (Europe) Ltd v SEB SA & Anor [2014] EWCA Civ 1629 (17 December 2014)
- The Secretary of State for the Home Department v AJ (Angola) [2014] EWCA Civ 1636 (17 December 2014)
- Solihull Metropolitan Borough Council v Gallagher Estates Ltd & Anor [2014] EWCA Civ 1610 (17 December 2014)
- LR (A Child) [2014] EWCA Civ 1624 (16 December 2014)
- Mehey & Ors, R (on the application of) v Visitors to the Inns of Court & Ors [2014] EWCA Civ 1630 (16 December 2014)
- Detention Action, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 1634 (16 December 2014)
- Hysaj v Secretary of State for the Home Department [2014] EWCA Civ 1633 (16 December 2014)
- R (A Child) [2014] EWCA Civ 1625 (16 December 2014)
- National Westminster Bank Plc v Lucas & Ors [2014] EWCA Civ 1632 (16 December 2014)
- Charalambous & Anor v Maureen Rosairie NG & Anor [2014] EWCA Civ 1604 (16 December 2014)
- MA (Eritrea) v Secretary of State for the Home Department [2014] EWCA Civ 1608 (16 December 2014)
- Bayliss v Parole Board of England And Wales & Anor [2014] EWCA Civ 1631 (16 December 2014)
- Bright & Anor v The Secretary of State for Justice [2014] EWCA Civ 1628 (16 December 2014)
The legal confusion over perpendicular parking – BBC News
‘A Smart car owner has won a year-long battle over a £50 parking ticket given because she parked at a right angle to the kerb. But what is the law, asks Chris Stokel-Walker.’
BBC News, 17th December 2014
Source: www.bbc.co.uk
ECHR cases won by UK government show flexibility of human rights system – The Guardian
‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’
The Guardian, 17th December 2014
Source: www.guardian.co.uk
Supreme Court homeless appeals – Law Society’s Gazette
‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’
Law Society’s Gazette, 16th December 2014
Source: www.lawgazette.co.uk
Jehovah’s Witnesses, and judicial review being a last resort – UK Human Rights Blog
‘Judicial review is an excellent and flexible remedy, filling the gaps when statutory and other appeals do not provide a remedy for unlawful administrative acts or omissions.’
UK Human Rights Blog, 17th December 2014
Source: www.ukhumanrightsblog.com
