Month: March 2015

Discretionary Housing Payments – the trouble with DLA – Nearly Legal

Posted March 31st, 2015 in benefits, disability discrimination, disabled persons, housing, local government, news, social security by sally

‘Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an award of Discretionary Housing Payments. This judicial review concerned Sandwell Council’s policy of doing just that. The implications are clearly of significance for other councils, and will potentially impact many disabled people faced with the bedroom tax.’

Full story

Nearly Legal, 30th March 2015

Source: www.nearlylegal.co.uk

London black cab driver jailed for sex attacks on sleeping women – BBC News

Posted March 31st, 2015 in disqualification, London, news, rape, sentencing, sexual offences, taxis by sally

‘A black cab driver who sexually assaulted two women who fell asleep in his taxi has been jailed for 10 years.’

Full story

BBC News, 30th March 2015

Source: www.bbc.co.uk

FCA focus on personal accountability driving increase in financial firm whistleblowing, says expert – OUT-LAW.com

Posted March 31st, 2015 in financial regulation, news, reports, whistleblowers by sally

‘A significant increase in the number of whistleblowing cases opened by the Financial Conduct Authority (FCA) over the course of the last year shows that the regulator’s increased focus on personal accountability is changing employee behaviour in the financial services industry, an expert has said.’

Full story

OUT-LAW.com, 30th March 2015

Source: www.out-law.com

Crown Prosecution Service considers News of the World journalist retrial – The Guardian

Posted March 31st, 2015 in Crown Prosecution Service, misfeasance in public office, news, prison officers, prosecutions, retrials by sally

‘A crunch meeting at the Crown Prosecution Service is taking place on Monday to decide whether to retry a journalist over leaks from a public official.’

Full story

The Guardian, 30th March 2015

Source: www.guardian.co.uk

MoD accused of refusing former detainee Yunus Rahmatullah justice – The Guardian

Posted March 31st, 2015 in intelligence services, interception, news, privilege, torture by sally

‘The government has refused to give an undertaking not to take advantage of any intercepted communications between a former detainee, who is suing the Ministry of Defence, and his lawyers.’

Full story

The Guardian, 30th March 2015

Source: www.guardian.co.uk

Court sits at British Museum for first time as judge studies looted Libyan sculpture – Daily Telegraph

Posted March 31st, 2015 in artistic works, courts, customs and excise, news, theft by sally

‘Marble statue worth £2 million looted from a UNESCO world heritage site in war-torn country.’

Full story

Daily Telegraph, 30th March 2015

Source: www.telegraph.co.uk

Legal services to be “future boom area” as councils become entrepreneurial: report

Posted March 31st, 2015 in legal services, local government, news, reports by sally

‘Legal services look likely to be a “future boom area” for local authorities as they seek to operate more entrepreneurially, a think tank has claimed.’

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Local Government Lawyer, 30th March 2015

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2015 in legislation by sally

SI 2015/725 – The Community Amateur Sports Clubs Regulations 2015

SI 2015/717 – The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (Commencement No. 2 and Transitional Provision) Order 2015

SI 2015/716 – The Membership Audit Certificate (Qualified Independent Person) (Specified Conditions) Order 2015
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BAILII: Recent Decisions

Posted March 30th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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The New FA Football Intermediaries Regulations and the Disputes Likely to Arise – Blackstone Chambers

Posted March 30th, 2015 in agency, conflict of interest, disclosure, news, regulations, sport by sally

‘The FA Regulations on working with Intermediaries (‘FA Intermediaries Regulations’) come into force on 1 April 2015. They put into force FIFA’s Intermediaries Regulations, with some important variations and, with them, apparently signal the abolition of the licensed football agent.’

Full story (PDF)

Blackstone Chambers, 27th March 2015

Source: www.blackstonechambers.com

Google and the DPA – RIP section 13(2) – Panopticon

Posted March 30th, 2015 in appeals, damages, data protection, freedom of information, internet, news, privacy by sally

‘Well, isn’t this an exciting week (and I don’t mean Zayn leaving One Direction)? First, Evans and now Vidal-Hall. We only need Dransfield to appear before Easter and there will be a full red bus analogy. Robin opened yesterday’s analysis of Evans by remarking on the sexiness of FOIA. If there is one thing you learn quickly as an information law practitioner, it is not to engage in a sexiness battle with Robin Hopkins. But high-profile though Evans is, the judgment in Vidal-Hall will be of far wider significance to anyone having to actually work in the field, rather than simply tuning every now and then to see the Supreme Court say something constitutional against a FOIA background. Vidal-Hall might not be the immediate head-turner, but it is probably going to be the life-changer for most of us. So, while still in the ‘friend zone’ with the Court of Appeal, before it all gets serious, it is important to explain what Vidal-Hall v Google [2015] EWCA Civ 311 does.’

Full story

Panopticon, 27th March 2015

Source: www.panopticonblog.com

Essex child abuse: Family of rape victim, five, want case reviewed – BBC News

Posted March 30th, 2015 in child abuse, children, complaints, news, police, rape, victims, young offenders by sally

‘The parents of a five-year-old rape victim have called for a new police investigation into her case.’

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BBC News, 29th March 2015

Source: www.bbc.co.uk

Disability discrimination goes to full trial – Nearly Legal

Posted March 30th, 2015 in appeals, burden of proof, disability discrimination, equality, housing, human rights, landlord & tenant, local government, mental health, news, Supreme Court by sally

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

Full story

Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

Council ban legislation creating ‘bizarre’ laws, campaigners say – BBC News

Posted March 30th, 2015 in alcohol abuse, crime, fines, legislation, local government, news, nuisance, public order by sally

‘A law that allows councils in England and Wales to ban certain activities in public is leading to “bizarre new criminal offences”, campaigners say.’

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BBC News, 30th March 2015

Source: www.bbc.co.uk

Wife gets tenth of £2million demand after signing ‘post nuptial’ agreement – Daily Telegraph

Posted March 30th, 2015 in divorce, families, financial provision, news by sally

‘Caroline Hopkins challenged the terms of the settlement but judge rejected claim.’

Full story

Daily Telegraph, 27th March 2015

Source: www.telegraph.co.uk

IPCC takes over investigation into Cyril Smith claim – BBC News

Posted March 30th, 2015 in child abuse, complaints, indecent photographs of children, news, official secrets act, police, sexual offences, witnesses by sally

‘The police watchdog has taken charge of an inquiry into the handling of an alleged incident involving Cyril Smith.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Financial Conduct Authority v Capital Alternatives Ltd and others – WLR Daily

Posted March 30th, 2015 in agriculture, appeals, financial regulation, law reports by sally

Financial Conduct Authority v Capital Alternatives Ltd and others [2015] EWCA Civ 284; [2015] WLR (D) 140

‘The critical question in deciding whether property was “managed as a whole” within section 235(3)(b) of the Financial Services and Markets Act 2000 was whether a characteristic feature of the arrangements under the scheme was that the property to which those arrangements related was managed as a whole. Whether that condition was satisfied required an overall assessment and evaluation of the relevant facts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Society of Lloyd’s v Noel – WLR Daily

Posted March 30th, 2015 in law reports, practice directions, restraint, time limits, vexatious litigants by sally

Society of Lloyd’s v Noel [2015] EWHC 734 (QB); [2015] WLR (D) 142

‘In considering whether “a party had persistently issued claims or made claims which are totally without merit” for the purpose of meeting the criteria for the making an extended civil restraint order in accordance with paragraph 3.1 of Practice Direction 3C supplementing CPR r 3.11, the court was entitled to have regard to all such claims and applications made by the litigant, including those made prior to the making of an earlier extended civil restraint order.’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

Google loses UK appeal court battle over ‘clandestine’ tracking – The Guardian

Posted March 30th, 2015 in appeals, consumer protection, damages, data protection, internet, news, privacy by sally

‘Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.’

Full story

The Guardian, 27th March 2015

Source: www.guardian.co.uk