27/01/2017 – Current Awareness

R (on the application of Miller and another) v Secretary of State for Exiting the European Union – Blackstone Chambers

Posted January 27th, 2017 in brexit, devolution issues, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Following one of the most constitutionally significant legal challenges in a generation, the Supreme Court today handed down its judgment in the Article 50 Brexit appeal. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament. The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.’

Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Hackney LBC v Haque – Arden Chambers

Posted January 27th, 2017 in disabled persons, equality, homelessness, housing, local government, news by sally

‘The Court of Appeal has held that the four-stage approach to considering the public sector equality duty in s.149 Equality Act 2010 in Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811, is concerned only with vulnerability under s.189(1)(c) Housing Act 1996. In cases concerning suitability of accommodation, a review officer had to show (on a “stand-back” reading of the decision) recognition as to whether a homeless applicant had a disability and whether the accommodation was unsuitable having regard to that disability and its impact on the applicant compared to those without such a disability.’

Arden Chambers, January 2017

Source: www.ardenchambers.com

Southwark LBC v Various Lessees of the St Saviours Estate – Arden Chambers

Posted January 27th, 2017 in fire, landlord & tenant, news, repairs by sally

‘The Upper Tribunal has held, in dismissing the authority’s appeal, that a front entrance or communal door within a block of flats is not in disrepair merely because it has been modified or replaced. A door, which was designed to provide 20 or 30 minutes’ fire resistance, will only cease to be in repair if there is evidence, following an assessment by an expert in fire resistance, that the physical condition of the door is such that it is no longer able to provide the same fire resistance as when originally constructed.’

Arden Chambers, January 2017

Source: www.ardenchambers.com

Prince wins libel and DPA appeals – 5RB

Posted January 27th, 2017 in abuse of process, appeals, data protection, defamation, news by sally

‘Court of Appeal rules adding DPA inaccuracy claim to libel claim permissible; also finds for Prince on defamatory meaning.’

5RB, 27th January 2017

Source: www.5rb.com

Dishonouring a Spiv – 4 KBW

Posted January 27th, 2017 in news, peerages & dignities, pensions by sally

‘The calls for Sir Philip Green to have his knighthood removed have been made strongly by both the press and by MPs – with Dennis Skinner referring to him pithily as a ‘billionaire spiv’. The former BHS owner has been subjected to strong criticism following the difficulties now being faced with respect to the retailers’ pension provisions. Sir Philip Green is said to have profited at BHS and its workers’ expense.’

4 KBW, 3rd January 2017

Source: www.4kbw.net

Removing a witness from court in fraudulent claims – 4 KBW

Posted January 27th, 2017 in accidents, fraud, news, road traffic, witnesses by sally

‘Witnesses and parties are frequently being excluded from County Court sessions across the country when another witness or party is giving evidence in cases when there are accusations of collusion or fraud. The fear is that if Witness A hears the responses of Witness B, Witness A may shape his/her evidence to be consistent with that of Witness B in order to strengthen their case.’

4 KBW, 5th January 2017

Source: www.4kbw.net

Brexit judgment: oil and water don’t mix – Law Society’s Gazette

Posted January 27th, 2017 in brexit, devolution issues, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.’

Law Society’s Gazette, 26th January 2017

Source: www.lawgazette.co.uk

Fixed costs would “encourage overseas competitors”, City lawyers warn Jackson – Litigation Futures

Posted January 27th, 2017 in costs, fees, news, proportionality by sally

‘City lawyers have warned Lord Justice Jackson that imposing fixed costs on commercial litigation would encourage “England’s competitors” at a time of uncertainty caused by Brexit.’

Litigation Futures, 25th January 2017

Source: www.litigationfutures.com

Former banker ordered to hand over foreign pension income to ex-wife in landmark divorce ruling – Daily Telegraph

Posted January 27th, 2017 in divorce, financial provision, news, pensions by sally

‘former banker who blew his fortune on spread-betting was yesterday ordered to hand over income from a foreign pension to his ex-wife, in what lawyers said was a landmark ruling stopping divorcing spouses concealing assets offshore.’

Daily Telegraph, 25th January 2017

Source: www.telegraph.co.uk

Is the ‘legal highs’ ban working? – BBC News

Posted January 27th, 2017 in drug abuse, drug offences, news by sally

‘It is eight months since the British government banned the drugs that were known as “legal highs”.’

BBC News, 25th January 2017

Source: www.bbc.co.uk

Fine firms for sexist dress rules, say MPs – BBC News

Posted January 27th, 2017 in employment, equality, fines, news, sex discrimination, women by sally

‘The government must enforce the law to ban sexist dress rules at work that discriminate against women, MPs say.’

BBC News, 25th January 2017

Source: www.bbc.co.uk

Judge orders release of woman jailed for non-payment of council tax – Local Government Lawyer

Posted January 27th, 2017 in council tax, debts, imprisonment, news, sentencing by sally

‘A High Court judge has released a woman jailed for failing to pay council tax, saying she should not have been imprisoned.’

Local Government Lawyer, 26th January 2017

Source: www.localgovernmentlawyer.co.uk

Aarhus Convention update: Government still ignoring private nuisance claims – UK Human Rights Blog

Posted January 27th, 2017 in civil procedure rules, costs, judicial review, news, nuisance, planning by sally

‘In November 2016, the Government responded in rather disappointing terms (here) to a consultation about amending its costs rules in civil cases to reflect the requirements of the Aarhus Convention.’

UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

Hermes facing legal challenge from its self-employed workers – The Guardian

Posted January 27th, 2017 in news, remuneration, self-employment, trade unions by sally

‘Hermes, the courier company that delivers parcels for John Lewis and Next, is facing a legal claim from workers who believe they are wrongly classed as self-employed, according to the Labour MP Frank Field.’

The Guardian, 26th January 2017

Source: www.guardian.co.uk

Don Hale: One man’s fight for justice – BBC News

Posted January 27th, 2017 in media, miscarriage of justice, murder, news, rape by sally

‘Fifteen years ago Stephen Downing was acquitted after spending 27 years in prison for murder, overturning one of Britain’s most notorious miscarriages of justice and putting into the spotlight the local newspaper editor who helped to bring the police’s case tumbling down.’

BBC News, 26th January 2017

Source: www.bbc.co.uk

Abuse of baby ‘could have been identified earlier by medical staff’ – The Guardian

Posted January 27th, 2017 in news by sally

‘A five-week-old girl beaten by her parents could have been protected from life-changing injuries if medical staff had identified earlier signs of abuse, a report has concluded.’

The Guardian, 26th January 2017

Source: www.guardian.co.uk

Brexit phrases explained without the jargon – BBC News

Posted January 27th, 2017 in brexit, EC law, news, referendums, treaties by sally

‘Explaining some of the key buzzwords being used in the debate about the UK leaving the EU, with Daily Politics reporter Adam Fleming who knows a single market from a customs union.’

BBC News, 26th January 2017

Source: www.bbc.co.uk

Sports coach sex loophole must be closed, says NSPCC – BBC News

Posted January 27th, 2017 in child abuse, news, sexual grooming, sport, vetting by sally

‘A “loophole” that allows sports coaches to legally have sex with 16 and 17 year olds in their care must be closed by the government, the NSPCC has said.’

BBC News, 26th January 2017

Source: www.bbc.co.uk

Dartmoor Prison: an insider’s story – Daily Telegraph

Posted January 27th, 2017 in news, prisons by sally

‘The prison system is in crisis, with riots, drug abuse and record levels of suicide. But what is life really like for the 85,000 prisoners in our jails? Jessica Berens was writer-in-residence at HMP Dartmoor for three years and has the inside story.’

Daily Telegraph, 26th January 2017

Source: www.telegraph.co.uk

UK’s super rich appear to get special deal from HMRC, says watchdog – The Guardian

Posted January 27th, 2017 in news, reports, select committees, tax avoidance by sally

‘Britain’s wealthiest people appear to get preferential treatment from HM Revenue & Customs and are not being properly pursued for outstanding tax bills, parliament’s spending watchdog has concluded.’

The Guardian, 27th January 2017

Source: www.guardian.co.uk

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