Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) – WLR Daily

Regina (Public Law Project) v Lord Chancellor (Office of the Children’s Commissioner intervening) [2015] EWCA Civ 1193; [2015] WLR (D) 480

‘The decision of the Lord Chancellor to propose by statutory instrument an amendment to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to impose a residence test for those otherwise eligible for civil legal aid under Part 1 of Schedule 1 to the Act was not unlawful or discriminatory.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Regina (Hysaj and others) v Secretary of State for the Home Department – WLR Daily

Posted November 30th, 2015 in citizenship, fraud, impersonation, law reports by sally

Regina (Hysaj and others) v Secretary of State for the Home Department [2015] EWCA Civ 1195; [2015] WLR (D) 482

‘In a case of impersonation where a person had fraudulently made false representations about his own identity and that fraud was material to the grant of naturalisation, the grant of nationality was a nullity.’

WLR Daily, 26th November 2015

Source: www.iclr.co.uk

Regina (Fox and others) v Secretary of State for Education – WLR Daily

Posted November 30th, 2015 in education, examinations, law reports, local government, statutory duty by sally

Regina (Fox and others) v Secretary of State for Education [2015] EWHC 3404 (Admin); [2015] WLR (D) 481

‘The Secretary of State had erred in leaving non-religious views out of the new GCSE subject content for religious studies, which amounted to a breach of the duty to take care that information or knowledge included in the curriculum was conveyed in a pluralistic manner.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Dickinson and another v UK Acorn Finance Ltd – WLR Daily

Dickinson and another v UK Acorn Finance Ltd [2015] EWCA Civ 1194; [2015] WLR (D) 479

‘The fact that a loan the subject of litigation was rendered unenforceable by statute did not mean that a judge was not entitled to determine whether it would be an abuse of process for a party to proceed with its submission that it would be an abuse of process for another party to be permitted to proceed with its claim which was founded on that loan.’

WLR Daily, 25th November 2015

Source: www.iclr.co.uk

Regina (Bokrosova) v Lambeth London Borough Council – WLR Daily

Posted November 30th, 2015 in consultations, housing, law reports, local government by sally

Regina (Bokrosova) v Lambeth London Borough Council [2015] EWHC 3386 (Admin); [2015] WLR (D) 478

‘Whilst section 105 of the Housing Act 1985 did not refer to “consultation”, it created an obligation on landlord authorities to consult on matters of housing management and its purpose was, in part, to ensure the participation of tenants in decisions which would substantially affect their homes.’

WLR Daily, 24th November 2015

Source: www.iclr.co.uk

Austerity and Public Law: Richard Clayton QC: Accountability, Judicial Scrutiny and Contracting Out – UK Constitutional Law Association

‘Austerity Britain is shrinking the public sector and accelerating the process of contracting out services. However, the legal protections contracting out gives to service users are piecemeal and inadequate, raising very real concerns about how findings of unlawfulness are to be addressed.’

Full story

UK Constitutional Law Association, 30th November 2015

Source: www.ukconstitutionallaw.org

Twitter found to be unsuitable means of communicating FOIA request – RPC Data Law and Privacy

Posted November 30th, 2015 in anonymity, freedom of information, internet, news by sally

‘The First Tier Tribunal (Information Rights) (the Tribunal) has held that a request under the Freedom of Information Act 2000 made via Twitter is not valid.’

Full story

RPC Data Law and Privacy, 27th November 2015

Source: www.rpc.co.uk

Defence of tender before claim – Law Society’s Gazette

Posted November 30th, 2015 in civil procedure rules, damages, defences, news, payment into court by sally

‘The common law defence of tender before claim is a defence that, before the claimant commenced court proceedings, the defendant had unconditionally offered the amount due to the claimant.’

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Law Society’s Gazette, 30th November 2015

Source: www.lawgazette.co.uk

Emotions at work – New Law Journal

Posted November 30th, 2015 in judges, judiciary, news, professional conduct by sally

‘Dermot Feenan explores the topic of judicial tears.’

Full story

New Law Journal, 26th November 2015

Source: www.newlawjournal.co.uk

Classifieds

Posted November 30th, 2015 in news by sally

Recently added:

Researcher

Posted November 30th, 2015 in by sally

Leading barristers’ chambers requires hard working, well presented researcher to support a QC and his team with the updating for the second edition of textbook and compilation of a new textbook.

This is a self employed temporary role for up to 18 months, subject to completion of probationary period, available for immediate start. £15.00 per hour.

We require a minimum of a LLB legal degree or equivalent.

Duties to include:

• Researching case information as instructed by each Barrister

• Searching for relevant case law in law libraries and electronically on the internet

• Inputting and pulling together various chapters written by each Barrister

• Supporting Barristers as they research and write their chapters of the new textbook

• Proofing final drafts of chapters

Skills required: accuracy, enthusiasm, good IT skills and a good team player.

To apply contact Brenna Conroy c/o Linda McGivern, Hardwicke Building, New Square, Lincoln’s Inn, London WC2A 3SB, jobs@hardwicke.co.uk attaching your CV and a recent piece of written work.

Closing date for applications is noon on 11th December 2015. Hardwicke is an equal opportunities employer http://www.hardwicke.co.uk/equal-opportunities/

The dark face of our imperial past – UK Human Rights Blog

Posted November 30th, 2015 in armed forces, colonies, delay, human rights, inquests, inquiries, jurisdiction, news by sally

‘The Supreme Court has ruled that the United Kingdom was not obliged to hold a public inquiry into the shooting in December 1948 during the Malayan Emergency by British troops of 24 unarmed civilians at Batang Kali. The Court held that (1) the lapse of time meant that there was no Article 2 requirement to hold an inquiry; (2) a duty to hold an inquiry could not be implied into common law under the principles of customary international law; and (3) the decision not to hold an inquiry under the Inquiries Act 2005 was not open to challenge on ordinary judicial review principles. However, the Supreme Court did hold that the deaths were within the United Kingdom’s jurisdiction for the purposes of the application of the ECHR.’

Full story

UK Human Rights Blog, 30th November 2015

Source: www.ukhumanrightsblog.com

Man jailed for murder of girlfriend found in suitcase in canal – The Guardian

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

‘A man who beat his girlfriend, stuffed her into a suitcase and threw it into a canal has been jailed for a minimum of 18 and a half years.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk

Court to rule on first proposed deferred prosecution agreement in the UK on Monday – OUT-LAW.com

Posted November 30th, 2015 in deferred prosecution agreements, financial regulation, fraud, news by sally

‘A court in London is expected to decide on Monday whether to approve a deferred prosecution agreement (DPA) provisionally put in place by the Serious Fraud Office (SFO) and Standard Bank.’

Full story

OUT-LAW.com, 27th November 2015

Source: www.out-law.com

Are counter terrorism laws interfering with freedom of the press? – Halsbury’s Law Exchange

Posted November 30th, 2015 in freedom of expression, media, news, police, privilege, search & seizure, terrorism by sally

‘A case of freedom of the press versus counter-terrorism laws? Peter Carter QC at Doughty Street Chambers, examines the police powers used to seize an investigative journalist’s laptop.’

Full story

Halsbury’s Law Exchange, 27th November 2015

Source: www.halsburyslawexchange.co.uk

Religious education and state impartiality – Education Law Blog

Posted November 30th, 2015 in education, examinations, local government, news, statutory duty by sally

‘In R (Fox) v Secretary of State for Education [2015] EWHC 3404 (Admin), Warby J held that guidance issued by the Secretary of State for Education was unlawful because it contained a statement (referred to in the judgment as “the Assertion”) that delivery of Religious Studies GCSE content consistent with subject content prescribed by the Secretary of State would in all cases fulfil the state’s legal obligations with regard to religious education. In fact, the judge held, relying exclusively on such GCSEs could be enough to meet those obligations but would not necessarily be so and some additional educational provision may be required.’

Full story

Education Law Blog, 27th November 2015

Source: www.education11kbw.com

Children should not get criminal records for ‘trivial’ offences such as sexting and fighting, MPs say – The Independent

Posted November 30th, 2015 in children, criminal records, indecent photographs of children, news, police by sally

‘Children should not receive criminal records for “trivial” misdemeanors such as sexting and fighting, a committee of MPs has urged.’

Full story

The Independent, 29th November 2015

Source: www.independent.co.uk

High Court judge castigates senior property partner “who cut corners all the time” – Legal Futures

Posted November 30th, 2015 in negligence, news, solicitors, witnesses by sally

‘A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”.’

Full story

Legal Futures, 30th November 2015

Source: www.legalfutures.co.uk

Mother spared jail for dangling child out of window in ‘Michael Jackson moment’ – Daily Telegraph

Posted November 30th, 2015 in children, news, sentencing, suspended sentences by sally

‘Incident echoes infamous moment the late Prince of Pop dangled his second son “Blanket” from a balcony of the Hotel Adlon in Berlin in 2002.’

Full story

Daily Telegraph, 27th November 2015

Source: www.telegraph.co.uk

Police officer jailed for arranging to have sex with runaway girl – The Guardian

‘A police constable who arranged to have sex with a 15-year-old runaway while investigating her disappearance has been sentenced to four years in prison.’

Full story

The Guardian, 27th November 2015

Source: www.guardian.co.uk