Day: 8 October 2015

Regina (Nour) v Secretary of State for Defence – WLR Daily

Posted October 8th, 2015 in armed forces, human rights, judicial review, law reports, ministers' powers and duties by sally

Regina (Nour) v Secretary of State for Defence [2015] EWHC 2543 (Admin); [2015] WLR (D) 392

‘An assessment made by the Secretary of State for Defence under the Government’s Overseas Security and Justice Assistance Guidance was justiciable and subject to the courts’ power of review, save with regard to the assessment of political or reputational risk involved in such assistance. The court would not interfere with an assessment or its conclusion unless satisfied that they were irrational in the Wednesbury sense and ones that no reasonable decision-maker could have made.’

WLR Daily, 28th September 2015

Source: www.iclr.co.uk

Regina (SF) v Secretary of State for the Home Department – WLR Daily

Posted October 8th, 2015 in human rights, immigration, law reports, trafficking in human beings by sally

Regina (SF) v Secretary of State for the Home Department [2015] EWHC 2705 (Admin); [2015] WLR (D) 395

‘When the court was considering a challenge to a gateway decision as to whether a person, especially a child, was a victim of human trafficking, it had to adopt a more rigorous or searching level of scrutiny of that decision as opposed to the ordinary test of Wednesbury reasonableness. The decision had to show by its reasoning that every factor which told in favour of the alleged victim had been properly taken into account.’

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WLR Daily, 30th September 2015

Source: www.iclr.co.uk

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) – WLR Daily

Posted October 8th, 2015 in assisted reproduction, consent, documents, law reports, medical treatment, parental responsibility by sally

In re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H) [2015] EWHC 2602 (Fam); [2015] WLR (D) 387

‘Although directions given by the Human Fertilisation and Embryology Authority (“HFEA”) from time to time in accordance with its statutory powers had at all material times required that any consent required under sections 37(1) and 44(1) of the Human Fertilisation and Embryology Act 2008 “must” be recorded in a specified form, the court could (i) act on parol evidence to establish that forms which could not be found were in fact properly completed and signed before treatment began, and (ii) correct mistakes in the forms either by rectification where the requirements for that remedy were satisfied, or where the mistake was obvious on the face of the document, by a process of construction without the need for rectification.’

WLR Daily, 11th September 2015

Source: www.iclr.co.uk

Court closure consultation in England and Wales ends – BBC News

Posted October 8th, 2015 in consultations, courts, news, tribunals by sally

‘A government consultation on plans to close 91 courts and tribunals in England and Wales, and integrate or merge another 31, is closing.’

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BBC News, 8th October 2015

Source: www.bbc.co.uk

UK court to rule on whether Uber breaches rules on taximeters – OUT-LAW.com

Posted October 8th, 2015 in competition, internet, news, regulations, taxis, telecommunications by sally

‘A UK court is to rule on whether Uber’s mobile app breaches taxi regulations.’

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OUT-LAW.com, 7th October 2015

Source: www.out-law.com

Retired bishop Peter Ball jailed for sex assaults – BBC News

Posted October 8th, 2015 in clergy, misfeasance in public office, news, sentencing, sexual offences by sally

‘A retired Church of England bishop has been jailed for a string of offences against teenagers and young men.’

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BBC News, 7th October 2015

Source: www.bbc.co.uk

Judge rules it not unlawful to withdraw medical support from 11 year old – Local Government Lawyer

Posted October 8th, 2015 in children, medical treatment, news by sally

‘An NHS Trust has obtained a declaration from the High Court that it would not be unlawful to withdraw medical support devices that are effectively keeping an 11-year-old boy alive.’

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Local Government Lawyer,

Source: www.localgovernmentlawyer.co.uk

Appeal court reopens case against collapsed firm – Law Society’s Gazette

Posted October 8th, 2015 in appeals, damages, land registration, law firms, negligence, news by sally

‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’

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Law Society’s Gazette, 7th October 2015

Source: www.lawgazette.co.uk

Gambling operators would face practical difficulties in implementing proposed crime controls, says expert – The Guardian

Posted October 8th, 2015 in consultations, crime, EC law, gambling, licensing, money laundering, news by sally

‘Gambling operators would face practical difficulties in adhering to new anti-crime controls proposed by the British Gambling Commission, an expert has said.’

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OUT-LAW.com, 7th October 2015

Source: www.out-law.com

British court refuses to extradite suspected American paedophile – The Guardian

Posted October 8th, 2015 in extradition, human rights, news, sexual offences by sally

‘UK judges are refusing to extradite an alleged American paedophile, who has been on the run from the FBI since 2007, until they receive assurances that his human rights will not be breached.’

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The Guardian, 7th October 2015

Source: www.guardian.co.uk