Bridegroom who couldn’t remember the name of the woman he planned to marry is jailed for attempting to break UK immigration laws – The Independent

Posted February 17th, 2015 in conspiracy, fraud, immigration, marriage, news, sentencing by sally

‘A bridegroom who couldn’t remember the name of the woman he planned to marry has been jailed for attempting to undergo a bogus wedding to cheat immigration laws.’

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The Independent, 13th February 2015

Source: www.independent.co.uk

Oxford Union president Ben Sullivan’s rape case decision to be reviewed – Daily Telegraph

Posted February 17th, 2015 in appeals, Crown Prosecution Service, news, rape, victims by sally

‘Crown Prosecution Service confirms request to look again at rape allegation against Ben Sullivan is made through Victims’ Right to Review scheme.’

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Daily Telegraph, 16th February 2015

Source: www.telegraph.co.uk

Family court judges given power to order DNA tests – BBC News

Posted February 17th, 2015 in DNA, family courts, news, parental responsibility, paternity, pilot schemes by sally

‘Family court judges in England will be able to order DNA tests to determine a child’s parentage from September, Justice Minister Simon Hughes has said.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

Channel 4 News chided by Ofcom over coverage of Ellison review – The Guardian

Posted February 17th, 2015 in codes of practice, media, news by sally

‘Channel 4 News breached broadcasting rules over its coverage of the Ellison review into possible police corruption around the Stephen Lawrence case, according to the communications watchdog Ofcom.’

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The Guardian, 16th February 2015

Source: www.guardian.co.uk

Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

Privacy watchdog launches ‘Did GCHQ spy on you?’ campaign to allow citizens to find out if they were under surveillance – The Independent

Posted February 17th, 2015 in data protection, human rights, intelligence services, news, privacy, tribunals by sally

‘A new campaign by human rights watchdog Privacy International could allow millions of citizens in Britain and elsewhere to have data that was collected on them deleted.’

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The Independent, 16th February 2015

Source: www.independent.co.uk

Legal challenge over London garden bridge plans – The Guardian

Posted February 17th, 2015 in consultations, London, news, planning by sally

‘A legal challenge is being launched in the high court against plans to build the garden bridge over the river Thames.’

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The Guardian, 17th February 2015

Source: www.guardian.co.uk

Something must be done – will a partial return to Calderbank fit the Bill (or at least reduce it)? – Family Law Week

Posted February 16th, 2015 in costs, divorce, families, family courts, financial provision, news by sally

‘Tom Wilson, pupil at 1 Garden Court Family Law Chambers, examines the possibility of a partial re-introduction of the Calderbank offer.’

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Family Law Week, 12th February 2015

Source: www.familylawweek.co.uk

The Supreme Court in the United Kingdom Constitution – Lecture by Lady Hale

The Supreme Court in the United Kingdom Constitution (PDF)

Lecture by Lady Hale

The Bryce Lecture, 5th February 2015

Source: www.supremecourt.uk

The view from the bench (III) – New Law Journal

Posted February 16th, 2015 in case management, judiciary, law firms, news, solicitors, witnesses by sally

‘Elizabeth Metliss considers the judicial view of law firms.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

Insurance surgery: Up for the challenge – New Law Journal

‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

Critics of Islam prevented from entering UK to attend Lee Rigby rally – UK Human Rights Blog

‘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”.’

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UK Human Rights Blog, 15th February 2015

Source: www.ukhumanrightsblog.com

Down the Rabbit Hole – Late Reliance under FOIA – Panopticon

Posted February 16th, 2015 in case management, freedom of information, news, tribunals by sally

‘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.’

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Panopticon, 15th February 2015

Source: www.panopticonblog.com

Commercial Court removes arbitrator over ‘justifiable doubts’ about his impartiality – OUT-LAW.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.’

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OUT-LAW.com, 13th February 2015

Source: www.out-law.com

Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘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.’

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UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Zambrano carers and social assistance – NearlyLegal

Posted February 16th, 2015 in appeals, benefits, carers, citizenship, EC law, equality, homelessness, housing, human rights, news by sally

‘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).’

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NearlyLegal, 12th February 2015

Source: www.nearlylegal.co.uk

Landlords shunning foreigners because of their accents, after new rules preventing illegal migrants from renting – The Independent

‘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.’

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The Independent, 15th February 2015

Source: www.independent.co.uk

Challenging a refusal of permission to appeal by the Upper Tribunal – Free Movement

‘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).’

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Free Movement, 16th February 2015

Source: www.freemovement.org.uk

Patient death payout by University Hospital of Wales – BBC News

Posted February 16th, 2015 in compensation, hospitals, medical treatment, negligence, news by sally

‘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.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

Met agrees final settlement in Carol Howard discrimination case – BBC News

Posted February 16th, 2015 in damages, employment, news, police, race discrimination, racism, sex discrimination, tribunals by sally

‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’

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BBC News, 14th February 2015

Source: www.bbc.co.uk