‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’
Family Law Week, 12th February 2015
Source: www.familylawweek.co.uk
The Supreme Court in the United Kingdom Constitution (PDF)
Lecture by Lady Hale
The Bryce Lecture, 5th February 2015
Source: www.supremecourt.uk
‘Elizabeth Metliss considers the judicial view of law firms.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
‘This short case involves the old dilemma of public order law: whether it is right to shut down speech when the speaker himself does not intend to incite violence, but whose presence it is said may lead third parties to commit violence. Indeed the facts of this particular case go further than that , because the applicants had no plans to make any public address during their proposed visit to Britain. It was their presence alone which was feared would inflame “community tensions”.’
UK Human Rights Blog, 15th February 2015
Source: www.ukhumanrightsblog.com
‘Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party (although attributing FTT judicial figures to the characters of the Mad Hatter and the Dormouse is beyond me). But one thing that has, since Birkett v DEFRA [2011] EWCA Civ 1606, not generally proved very controversial is the question of late reliance on exemptions; the White Rabbit need have little fear. Birkett made clear that late (usually after the DN and in the course of litigation before the FTT) reliance on substantive exemptions is permissible, subject to case management powers, under the EIR. The unappealed equivalent decision under FOIA, Information Commissioner v Home Office [2011] UKUT 17 (AAC), has generally been assumed to be correct.’
Panopticon, 15th February 2015
Source: www.panopticonblog.com
‘An arbitrator who failed to disclose his “social and commercial relationships” with one of the parties to a commercial dispute has been removed from the post by a UK court.’
OUT-LAW.com, 13th February 2015
Source: www.out-law.com
‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’
UK Human Rights Blog,
Source: www.ukhumanrightsblog.com
‘There must be times when Court of Appeal judges think that they have bit parts in an ongoing drama – they have a walk on role. And that must be how the Court felt in Sanneh v SSWP and others [2015] EWCA Civ 49, which concerns the eligibility rules for Zambrano carers of a raft of social assistance benefits. Leading QCs and junior barristers appeared on all sides in a right ding dong that is bound to end up at the Supreme Court, which almost certainly will refer the issues to the CJEU. It also provides a glimpse of how the recent, potentially contradictory, judgments of the CJEU in Brey and Dano are, or might be, treated (although it looks like the UKSC will have the next bite of those rather earlier, in the Mirga and Samin appeals in March) and the question of the ambit of “social assistance”, which in itself is not uninteresting, is also raised, but parked by the CA, in these appeals ([84] – note: this is an important point for the future).’
NearlyLegal, 12th February 2015
Source: www.nearlylegal.co.uk
‘Landlords are preparing to turn away tenants just because they have a foreign accent, as a consequence of new rules making it an offence to let rooms to illegal migrants.’
Full story
The Independent, 15th February 2015
Source: www.independent.co.uk
‘If permission to appeal against a decision of a First-tier Tribunal in a welfare benefits case is refused by the Upper Tribunal (Administrative Appeals Chamber), then the claimant will not be able to appeal that decision. This is because it is an excluded decision under s. 13(8)(c) of the Tribunals, Courts and Enforcement Act 2007, and the Upper Tribunal has no jurisdiction to review its refusal of permission by virtue of s.10(1) and s.13(8)(d)(i) of the 2007 Act. This means the only remedy available is by way of judicial review (Samuda v Secretary of State for Work and Pensions [2014] EWCA Civ 1). The deadline for applying for judicial review against a refusal of permission by an Upper Tribunal is 16 days. CPR rule 54.7A(3).’
Free Movement, 16th February 2015
Source: www.freemovement.org.uk
‘A patient’s family who blamed her death on medics’ failure to treat her following major heart surgery has received a compensation payout after taking the case to London’s High Court.’
BBC News, 13th February 2015
Source: www.bbc.co.uk
‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’
BBC News, 14th February 2015
Source: www.bbc.co.uk
‘The former television weatherman Fred Talbot has been convicted of indecently assaulting two teenage boys when he was a teacher.’
The Guardian, 13th February 2015
Source: www.guardian.co.uk
‘Criminal prosecution for tax evasion should become the default position of the tax authorities, Keir Starmer, the former director of public prosecutions, has said, as HM Revenue and Customs came under further scrutiny over whether it responded to an email from a French whistleblower setting out details of the scale of tax evasion by HSBC.’
Full story
The Guardian, 13th February 2015
Source: www.guardian.co.uk
‘Baby P’s mother is back in prison after allegedly selling pornographic photographs of herself online.’
The Independent, 15th February 2015
Source: www.independent.co.uk
‘A woman who bit off part of another woman’s nose at Butlins during a children’s pantomime has been jailed.’
BBC News, 13th February 2015
Source: www.bbc.co.uk
‘Court of Protection rules that specialists can lawfully stop providing chemotherapy to terminally-ill teenager.’
Daily Telegraph, 14th February 2015
Source: www.telegraph.co.uk
‘Confidential and personal details were sent to the wrong people by staff at Companies House in Cardiff, BBC Wales has learned.’
BBC News, 14th February 2015
Source: www.bbc.co.uk
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