Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

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UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) – WLR Daily

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) [2015] EWHC 3584 (Admin); [2015] WLR (D) 548

‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Lewis and others v Ward Hadaway (a firm) – WLR Daily

Posted January 6th, 2016 in abuse of process, fees, law firms, law reports, limitations, negligence, solicitors by sally

Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551

‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’

WLR Daily, 21st December 2015

Source: www..iclr.co.uk

Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

Regina (Sienkiewicz) v South Somerset District Council – WLR Daily

Regina (Sienkiewicz) v South Somerset District Council [2015] EWHC 3704 (Admin); [2015] WLR (D) 553

‘The defendant local planning authority did not have a duty to give reasons for distinguishing other relevant planning decisions which were said to be inconsistent with its present decision to grant planning permission for a development.’

WLR Daily, 17th December 2015

Source: www.iclr.co.uk

Lawyers face prospect of being struck off over Iraq abuse claims – Daily Telegraph

‘Leigh Day, Britain’s leading human rights law firm, is facing a disciplinary inquiry over the shredding of a document which could have halted a £31m inquiry into false allegations of murder and torture by British troops.’

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Daily Telegraph, 5th January 2016

Source: www.telegraph.co.uk

Court of Appeal considers EU deportation, public revulsion and “imperative grounds” – Free Movement

‘In Secretary of State for the Home Department v Straszewski [2015] EWCA Civ 1245 (03 December 2015) Moore-Bick LJ, giving the leading judgment, finds that public revulsion is not generally relevant to decisions to deport under EU law.’

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Free Movement, 6th January 2016

Source: www.freemovement.org.uk

More lawyers to review ‘unduly lenient’ sentences after complaints soar – The Guardian

Posted January 6th, 2016 in appeals, attorney general, complaints, news, sentencing, statistics by sally

‘More lawyers are to be recruited to a scheme that reviews “unduly lenient” sentences after a sharp rise in the number of complaints about judges’ decisions on jail terms.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

Disabled workers can’t afford justice to deal with workplace harassment – The Guardian

‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

Defamation reforms have helped to curb ‘trivial claims’, says campaign group – OUT-LAW.com

Posted January 6th, 2016 in defamation, news, statute law revision by sally

‘Reforms to defamation laws in England and Wales have helped to prevent “trivial claims” being brought before the courts, a campaign group has said.’

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OUT-LAW.com, 5th January 2016

Source: www.out-law.com

Sheep rustlers jailed for three years after stealing from 14 farms across the North – Daily Telegraph

Posted January 6th, 2016 in animals, conspiracy, news, proceeds of crime, sentencing, theft by sally

‘The thieves cost farmers thousands and disrupted pedigree bloodlines.’

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Daily Telegraph, 6th January 2016

Source: www.telegraph.co.uk

‘Going into legal aid work now is career suicide’ – The Guardian

‘Government cuts to legal aid means social welfare lawyers are a dying breed. So where will the next generation come from? Step up the Justice First Fellowship.’

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The Guardian, 6th January 2015

Source: www.guardian.co.uk