Month: July 2015

New tribunal cases on statutory human rights considerations and “integration” – Free Movement

Posted July 30th, 2015 in human rights, immigration, news, tribunals by sally

‘The Upper Tribunal has handed down another two cases on the statutory human rights considerations introduced by the Immigration Act 2014. The relationship between Article 8, the Immigration Rules and the statutory considerations is the itch that judges cannot help but scratch, but it is primarily an academic and political issue rather than one of real substance.’
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Free Movement, 29th July 2015

Source: www.freemovement.org.uk

Court of Appeal agrees that Detained Fast Track appeals are inherently unfair – Free Movement

Posted July 30th, 2015 in appeals, asylum, case management, news by sally

‘In a judgment handed down this morning, the Court of Appeal has agreed with Nichol J’s earlier judgment in the High Court holding the Detained Fast Track appeal system to be inherently unfair. The new judgment is The Lord Chancellor v Detention Action [2015] EWCA Civ 840. The Home Office were an interested party.’

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Free Movement, 29th July 2015

Source: www.freemovement.org.uk

Judge orders damages and not award of contract after flawed tender – Local Government Lawyer

Posted July 30th, 2015 in contracts, damages, local government, news, tenders by sally

‘A High Court judge has decided that a council which ran a “fundamentally flawed” tender evaluation process should be required to pay the claimant damages rather award it the contract.’

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Local Government Lawyer, 28th July 2015

Source: www.localgovernmentlawyer.co.uk

Setting Aside Notices of Discontinuance and QOCS – Kite v The Phoenix Pub Group – Zenith PI Blog

Posted July 30th, 2015 in adjournment, news, setting aside, striking out by sally

‘The Claimant brought a claim in damages for injuries sustained in November 2014 when he fell into an uncovered man hole in the car park of a pub. Whilst the Defendant company operates a number of pubs it alleged that at the time of the accident the pub was owned, operated and occupied by a different company. The Defendant was asserting that it was not the correct company to pursue.’

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Zenith PI Blog, 27th July 2015

Source: www.zenithpi.wordpress.com

Firearms officer sues Met for sex discrimination – Daily Telegraph

Posted July 30th, 2015 in employment tribunals, London, news, police, sex discrimination by sally

‘Former Diplomatic Protection Group officer tells tribunal his police officer wife was granted a career break but he wasn’t.’

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Daily Telegraph, 29th July 2015

Source: www.telegraph.co.uk

‘Monkey gestures’ Middlesbrough fan found guilty – BBC News

Posted July 30th, 2015 in costs, disqualification, fines, news, public order, racism, sport by sally

‘A Middlesbrough fan who made “monkey gestures” towards three black footballers at a Championship match has been fined and given a banning order.’

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BBC News, 29th July 2015

Source: www.bbc.co.uk

Uber faces legal action in UK over drivers’ rights – The Guardian

Posted July 30th, 2015 in employment, news, taxis, trade unions by sally

‘Uber, the taxi-app firm, is facing legal action over whether it affords its drivers basic rights and treats them as employees rather than “partners” or “contractors”.’

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The Guardian, 29th July 2015

Source: www.guardian.co.uk

Littlewood v Powys County Council – WLR Daily

Posted July 30th, 2015 in estate agents, law reports, local government, regulations by sally

Littlewood v Powys County Council [2015] EWHC 2125 (Admin); [2015] WLR (D) 336

‘For the purposes of Schedule 2 to the Estate Agents Act 1979, where the making of an order under section 3 of the Act prohibiting an unfit person from acting as an estate agent had been delegated to an adjudicator, it was that adjudicator who personally had to hear oral representations from the person affected. The local authority’s proposed procedure whereby the adjudicator, who was the actual decision-maker, only received an audio recording and verbatim transcript of the proceedings before an investigator did not comply with the requirements of the 1979 Act and was unlawful.’

WLR Daily, 23rd July 2015

Source: www.iclr.co.uk

R v R – WLR Daily

Posted July 30th, 2015 in appeals, EC law, financial provision, law reports, regulations, sanctions by sally

R v R [2015] EWCA Civ 796; [2015] WLR (D) 337

‘Neither article 9 of Council Regulation (EU) No 269/2014 nor regulation 10(2)(a) of the Ukraine (European Union Financial Sanctions) (No 2) Regulations 2014 were contravened by an order requiring a husband, who lived in Russia and who was subject to sanctions imposed by the EU Regulation, to pay interim maintenance into his former wife’s Russian bank account.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Your will can be ignored, say judges – Daily Telegraph

Posted July 30th, 2015 in charities, financial provision, news, wills by sally

‘The landmark Court of Appeal ruling has implications for how people should draw up their wills, legal experts say.’

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Daily Telegraph, 27th July 2015

Source: www.telegraph.co.uk

More than 80 per cent of female inmates locked up for non-violent offences, new figures show – The Independent

Posted July 30th, 2015 in imprisonment, news, prisons, women by sally

‘More than 80 per cent of female prisoners have been locked up for non-violent offences such as shoplifting, new figures show, as a drive is launched to clear jails of women who pose no danger to the public.’

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The Independent, 29th July 2015

Source: www.independent.co.uk

Sarah’s Law is ‘not working’, NSPCC warn – Daily Telegraph

Posted July 30th, 2015 in criminal records, disclosure, news, police by sally

‘Just one in six applications to the police under Sarah’s Law is successful according to figures obtained by the NSPCC under the Freedom of Information Act.’

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Daily Telegraph, 30th July 2015

Source: www.telegraph.co.uk

Regina v Goldsborough – WLR Daily

Posted July 30th, 2015 in appeals, crime, firearms, law reports, licensing by sally

Regina v Goldsborough [2015] EWCA Crim 1278; [2015] WLR (D) 324

‘Failure to obtain a firearm certificate for an air pistol which had become prohibited was an offence under section 1 of the Firearms Act 1968 rather than section 5(1)(af).’

WLR Daily, 23rd June 2015

Source: www.iclr.co.uk

IM Properties Development Ltd v Lichfield District Council – WLR Daily

Posted July 30th, 2015 in law reports, local government, planning by sally

IM Properties Development Ltd v Lichfield District Council [2015] EWHC 2077 (Admin); [2015] WLR (D) 328

‘Changes of substance could be made to a local plan following recommendations by an inspector pursuant to section 20(7)–(7C) of the Planning and Compulsory Purchase Act 2004.’

WLR Daily, 20th July 2015

Source: www.iclr.co.uk

Woman jailed for strangling dog using collar and wrapping muzzle in duct tape – Daily Telegraph

Posted July 30th, 2015 in animal cruelty, costs, disqualification, news, sentencing by sally

‘Hayley Cowan buries Staffordshire bull terrier in shallow grave in case described by RSPCA as ‘one of most harrowing and distressing cases to date’.’

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Daily Telegraph, 29th July 2015

Source: www.telegraph.co.uk

Paige Chivers: Man jailed for murdering Blackpool teen – BBC News

Posted July 30th, 2015 in murder, news, sentencing by sally

‘A man convicted of murdering Blackpool teenager Paige Chivers has been jailed for life and will serve at least 33 years.’

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BBC News, 28th July 2015

Source: www.bbc.co.uk

Yoga For You TV show issued £25,000 fine from Ofcom after star tells viewers he can cure cancer – The Independent

Posted July 30th, 2015 in cancer, fines, media, news by sally

‘The broadcast regulator Ofcom has issued a £25,000 fine after the star of a television show called Yoga for You told viewers that he could cure cancer using “11 holy basil leaves and three black peppers”.’

Full story

The Independent, 29th July 2015

Source: www.independent.co.uk

Flanagan v Liontrust Investment Partners LLP and others – WLR Daily

Posted July 30th, 2015 in agreements, law reports, limited liability partnerships, partnerships by sally

Flanagan v Liontrust Investment Partners LLP and others [2015] EWHC 2171 (Ch); [2015] WLR (D) 338

‘The doctrine of repudiatory breach was excluded from multi-party agreements falling within the scope of section 5 of Limited Liability Partnerships Act 2000.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) – WLR Daily

Posted July 30th, 2015 in abortion, appeals, health, human rights, law reports, Northern Ireland by sally

Regina (A and another) v Secretary of State for Health (Alliance for Choice intervening) [2015] EWCA Civ 771; [2015] WLR (D) 335

‘It was entirely logical for the Secretary of State for Health in the exercise of his duty under section 3 of the National Health Service Act 2006 to provide a range of NHS services including abortion services throughout the United Kingdom on the basis of local residence. The Secretary of State was not obliged to exercise his discretion so as to extend free abortion services to women from Northern Ireland and failure to supply such a service was not a breach of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Breaking Bad fan found guilty of ordering ricin delivery from FBI agent – The Guardian

Posted July 30th, 2015 in chemical weapons, drug trafficking, news, terrorism by sally

‘A Liverpool man has been found guilty of ordering a “Breaking Bad-style” delivery of enough ricin to kill 1,400 people from an undercover FBI agent.’

Full story

The Guardian, 29th July 2015

Source: www.guardian.co.uk