High Court upholds an inspector’s decision to waive a £1m affordable homes payment – OUT-LAW.com

Posted April 12th, 2016 in housing, local government, news, planning by sally

‘The High Court has dismissed Medway Council’s challenge of a planning inspector’s decision to waive a £1 million affordable housing payment.’

Full story

OUT-LAW.com, 8th April 2016

Source: www.out-law.com

An Approach to Fundamental Dishonesty in the Claimant’s Absence – Zenith PI Blog

Posted April 12th, 2016 in appeals, civil procedure rules, costs, fundamental dishonesty, news by sally

‘A notable and well-known exception to Qualified One-Way Costs Shifting (QOCS) is that a Claimant whose claim is found to be “fundamentally dishonest” loses the protection of the QOCS rules.’

Full story

Zenith PI Blog, 11th April 2016

Source: www.zenithpi.wordpress.com

Call for chambers rent rebates so male barristers can share parental leave – Legal Futures

Posted April 12th, 2016 in barristers, equality, news, paternity leave, rent by sally

‘The Bar Standards Board is to investigate whether male barristers with new-born children should be entitled to a form of shared parental leave (SPL), with the Bar Council calling for provisions which would give them a rent rebate from their chambers while not working.’

Full story

Legal Futures, 12th April 2016

Source: www.legalfutures.co.uk

Private parts – Nearly Legal

Posted April 12th, 2016 in housing, human rights, judicial review, news by sally

‘Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or specific housing associations) were public bodies both for the purposes of the Human Rights Act and public law/judicial review.’

Full story

Nearly Legal, 10th April 2016

Source: www.nearlylegal.co.uk

Section 3C leave does not always protect during appeals – Free Movement

Posted April 12th, 2016 in appeals, bills, immigration, news, time limits by sally

‘The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided.’

Full story

Free Movement, 11th April 2016

Source: www.freemovement.org.uk

European court to consider legality of UK surveillance laws – The Guardian

Posted April 12th, 2016 in bills, courts, EC law, intelligence services, investigatory powers, news by sally

‘The legality of Britain’s surveillance laws will come under the intense scrutiny of 15 European judges on Tuesday in a politically sensitive test case that could limit powers to gather online data.’

Full story

The Guardian, 11th April 2016

Source: www.guardian.co.uk

Chills, thrills and surprises: ten years of freedom of information in the UK – OUP Blog

Posted April 12th, 2016 in freedom of information, legislation, media, news, parliament by sally

‘The Freedom of Information (FOI) Act has been in the news again, when the controversial Independent Commission, much to the surprise of many, concluded the Act was ‘generally working well’, had ‘enhanced openness and transparency… there is no evidence that the Act needs to be radically altered’.’

Full story

OUP Blog, 10th April 2016

Source: http://blog.oup.com

Inheritance tax: a brief history of death duties – The Guardian

Posted April 12th, 2016 in housing, inheritance tax, news, succession, taxation by sally

‘Modern inheritance tax dates back to 1894 when the government introduced estate duty, a tax on the capital value of land, in a bid to raise money to pay off a £4m government deficit.’

Full story

The Guardian, 10th April 2016

Source: www.guardian.co.uk

Equality claims and health regulators – Availability of JR does not oust jurisdiction of ET – UK Human Rights Blog

‘Michalak v The General Medical Council & Ors [2016] EWCA Civ 172: This important case deals with the remedies available to individuals who claim to have suffered from discrimination, victimization, harassment or detriment in the treatment they have received from a “qualifications body” under s.53 of the Equality Act 2010 viz. any authority or body which can confer a relevant qualification (e.g. the GMC, ACCA etc.). It also clarifies the understanding of the place of judicial review in the context of internal and statutory appeals in cases of alleged discrimination contrary to the Equality Act 2010.’

Full story

UK Human Rights Blog, 11th April 2016

Source: www.ukhumanrightsblog.com

Subject access request as precursor to litigation? No problem – Panopticon

Posted April 12th, 2016 in data protection, EC law, intellectual property, news by sally

‘Gurieva & Anor v Community Safety Development (UK) Ltd [2016] EWHC 643 (QB), a judgment of Warby J of 6 April 2016, is the High Court’s latest word on subject access requests. It illustrates some of the emerging trends in subject access litigation. It is also a salutary reminder to ensure that, for subject access request cases as for any other, adequate evidence is presented.’

Full story

Panopticon, 8th April 2016

Source: www.panopticonblog.com

Government to investigate Lambeth’s library plans – The Guardian

Posted April 12th, 2016 in complaints, libraries, local government, London, news, planning by sally

‘The government is to investigate a council’s plans to turn some of its libraries into gyms with unstaffed book-lending sections, following a protest against the scheme – which won support from authors including Nick Hornby and Ali Smith.’

Full story

The Guardian, 11th April 2016

Source: www.guardian.co.uk

The city that allows women to sell sex – BBC News

Posted April 12th, 2016 in litter, news, police, prostitution by sally

‘A suburb in Leeds is the first place in the UK where it is permitted for women to sell sex between specified hours. The “managed approach” was introduced to try to control the trade.’

Full story

BBC News, 12th April 2016

Source: www.bbc.co.uk

This celebrity injunction will probably rebound – a case of the ‘Streisand effect’ – The Guardian

Posted April 12th, 2016 in freedom of expression, injunctions, internet, media, news, privacy, publishing by sally

‘As a Scottish newspaper publishes details of a sex scandal, when does a legal fight to ensure privacy become a pointless exercise to restrict free speech?’

Full story

The Guardian, 11th April 2016

Source: www.guardian.co.uk

Ayeeshia Jane Smith murder: Mother jailed for at least 24 years – BBC News

Posted April 12th, 2016 in child abuse, inquiries, murder, news, sentencing, social services by sally

‘A “devious” and “selfish” mother has been jailed for at least 24 years for stamping her toddler daughter to death.’

Full story

BBC News, 11th April 2016

Source: www.bbc.co.uk

Sam Hallam and Victor Nealon denied compensation by Court of Appeal – BBC News

Posted April 12th, 2016 in appeals, compensation, DNA, evidence, miscarriage of justice, news by sally

‘Two men who served long sentences before their convictions were overturned have lost the latest round of their legal fight for compensation.’

Full story

BBC News, 11th April 2016

Source: www.bbc.co.uk

Inheritance tax should be scrapped – it’s unpopular and barely raises any money

Posted April 12th, 2016 in inheritance tax, news, tax avoidance, tax evasion, taxation by sally

‘Inheritance tax is a losing issue for the left and the right, despite raising a mere quarter of 1 per cent of GDP.’

Full story

The Independent, 11th April 2016

Source: www.independent.co.uk

Four cleared in Royal Agricultural University rape case – BBC News

Posted April 12th, 2016 in news, prosecutions, rape, universities by sally

‘Four men accused of rape after a university’s summer ball have been cleared after the case against them was dropped.’

Full story

BBC News, 11th April 2016

Source: www.bbc.co.uk

Cosmetic treatment industry given strict rules to protect vulnerable – The Guardian

‘Doctors carrying out cosmetic treatments must avoid two-for-one offers and allow a minimum two-week cooling-off period before surgery or risk being struck off, under long-awaited guidance to protect patients who may be vulnerable.’

Full story

The Guardian, 12th April 2016

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 11th, 2016 in law reports by tracey

High Court (Administrative Court)

Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) (08 April 2016)

High Court (Chancery Division)

Hayfin Opal Luxco 3 SARL & Anor v Windermere VII Cmbs Plc & Ors [2016] EWHC 782 (Ch) (08 April 2016)

High Court (Family Division)

Z, Re (Recognition of Foreign Order) (rev 1) [2016] EWHC 784 (Fam) (08 April 2016)

Source: www.bailii.org.uk

Former police officer sentenced for preying on domestic abuse victims for sexual gratification – Crown Prosecution Service

‘Michael McMillan, a former Merseyside police officer has been sentenced to four years’ imprisonment for seven counts of misconduct in public office.’

Full press release

Crown Prosecution Service, 11th April 2016

Source: www.cps.gov.uk