Family Arbitration – The Inner Temple
Family Arbitration (PDF)
Sir Hugh Bennett
The Inner Temple, 30th March 2015
Source: www.innertemple.org.uk
Day: 8 April 2015
Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily
‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
Tower Hamlets London Borough Council v M and others – WLR Daily
Tower Hamlets London Borough Council v M and others [2015] EWHC 869 (Fam); [2015] WLR (D) 155
‘Since the removal of a passport, even on a temporary basis, was a very significant incursion into an individual’s freedom and personal autonomy such an order should not be made lightly and required the fullest unpartisan information to be put before the court. It had never to be forgotten that the court required a very high degree of candour on the part of all of those involved.’
WLR Daily, 27th March 2015
Source: www.iclr.co.uk
Regina (Coll) v Secretary of State for Justice – WLR Daily
Regina (Coll) v Secretary of State for Justice [2015] EWCA Civ 328; [2015] WLR (D) 157
‘In providing approved premises for women released from prison on licence, the Secretary of State for Justice had not discriminated directly under section 13 of the Equality Act 2010 or indirectly under section 19.’
WLR Daily, 31st March 2015
Source: www.iclr.co.uk
Pham v Secretary of State for the Home Department (Open Society Justice Initiative intervening) – WLR Daily
‘The question whether a person was not considered as a national by a state under the operation of its law, with the effect that he would be stateless if deprived of British citizenship, was not necessarily to be decided solely by reference to the text of the nationality legislation of the state in question, and reference might also be made to the practice of the government, even if not subject to effective challenge in the courts.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
In re Melodious Corpn; Pui-Kwan v Kam-Ho and others – WLR Daily
In re Melodious Corpn; Pui-Kwan v Kam-Ho and others [2015] EWHC 621 (Ch); [2015] WLR (D) 162
‘Rule 7.55 of the Insolvency Rules 1986 had no application in circumstances where a meeting of the board of directors of the company purporting to place the company into administration out of court pursuant to paragraph 22(2) of Schedule B1 to the Insolvency Act 1986 was inquorate and accordingly the resolution to appoint an administrator was invalid.’
WLR Daily, 10th March 2015
Source: www.iclr.co.uk
Clarke and another v Cognita Schools Ltd (trading as Hydesville Tower School) – WLR Daily
‘CPR r 3.3(5) did not apply to orders made under rule 6.5(1) of the Insolvency Rules 1986. Therefore an order under rule 6.5(1) did not have to state that the debtor could apply to have it set aside, varied or stayed.’
WLR Daily, 1st April 2015
Source: www.iclr.co.uk
Nzolameso v Westminster City Council (Secretary of State for Communities and Local Government and another intervening) – WLR Daily
‘A local housing authority, in carrying out its duties under the Housing Act 1996, was obliged to accommodate a homeless person in suitable accommodation within its district if it was reasonably practicable to do so. The authority was to determine the suitability of the proposed accommodation by reference to the needs of the individual homeless person and each member of her household and to its location. Where accommodation was offered outside the authority’s district, the placement was to be as close as possible to where the members of the household had previously lived. In reaching its decision, the authority was required to take account of the Homelessness (Suitability of Accommodation) (England) Order 2012 (SI 2012/2601) and the guidance issued by the Secretary of State for Communities and Local Government. It was also required, by section 11(2) of the Children Act 2004, to have regard to the need to safeguard and to promote the welfare of the children concerned.’
WLR Daily, 2nd April 2015
Source: www.iclr.co.uk
In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily
In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163
‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’
WLR Daily, 25th March 2015
Source: www.iclr.co.uk
Judge sets out approach to cases where risk of children travelling to ISIS countries – Local Government Lawyer
‘A judge has set out a number of core principles relevant to cases where it is proposed to make young people at risk of travelling to ISIS countries, and particularly Syria, wards of the High Court and remove their passports.’
Local Government Lawyer, 7th April 2015
Source: www.localgovernmentlawyer.co.uk
PART 36 of the CPR – Offers are changing – Park Square Barristers
‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’
Park Square Barristers, 1st April 2015
Source: www.parksquarebarristers.co.uk
Military historian jailed for exposing himself to farmer overturns restraining order – Daily Telegraph
‘Military historian Kenneth Ward who was jailed in 2011 for exposing himself to a female neighbour is told he can move back to his former home after a restraining order is relaxed.’
Daily Telegraph, 6th April 2015
Source: www.telegraph.co.uk
Martyn Uzzell A65 death: North Yorkshire County Council settles with widow – BBC News
‘The widow of a cyclist who died after he hit a pothole on his bike has received a six-figure payout from a council.’
BBC News, 8th April 2015
Source: www.bbc.co.uk
CPS seeks retrial for prison officer after conviction quashed – The Guardian
‘A prison officer whose conviction over leaks to newspapers was quashed by the court of appeal is facing a retrial, it has been confirmed.’
The Guardian, 1st April 2015
Source: www.guardian.co.uk
‘Ship this bed’ TV ad unlikely to cause serious offence, says watchdog – The Guardian
‘A TV ad featuring the repeated phrase “ship this bed” has been cleared by the advertising watchdog – but it has been banned from being shown when children might be watching.’
The Guardian, 8th April 2015
Source: www.guardian.co.uk
ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures
‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’
Legal Futures, 8th April 2015
Source: www.legalfutures.co.uk
More fines for unsolicited calls or texts likely, says ICO, as new rules come into force – OUT-LAW.com
‘Changes to the rules governing when the Information Commissioner’s Office (ICO) can fine companies for making unsolicited telephone calls or sending unsolicited text messages will help the UK’s privacy watchdog to “make more fines stick”, it has said.’
OUT-LAW.com, 7th April 2015
Source: www.out-law.com
