Income rules for foreign spouses upheld – BBC News

‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’

Full story

BBC News, 22nd February 2017

Source: www.bbc.co.uk

Why The Rule Of Law Matters More Than Ever – RightsInfo

Posted February 22nd, 2017 in human rights, news, rule of law by sally

‘Lord Neuberger, the Supreme Court president, has warned that coverage of the Brexit case risked undermining the “rule of law”. He was referring to criticism by some tabloid newspapers of the three judges involved in the Article 50 case, including one headline that branded them “enemies of the people”. In this article, we look at the meaning of this important concept and how, combined with a healthy dose of human rights, the rule of law is both a cornerstone and strengthener of the modern liberal democracy we live in today.’

Full story

RightsInfo, 19th February 2017

Source: www.rightsinfo.org

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Forfeiture Act 1982: Nothing to do with Section 146 or peaceable re-entry this time – Hardwicke Chambers

Posted February 22nd, 2017 in forfeiture, legislation, mental health, news by sally

‘Imagine receiving instructions from a client that his mother has died intestate but that a sibling had taken the property (the principal asset of the estate) and was not prepared to sell the property and share the proceeds of sale 50 / 50.’

Full story

Hardwicke Chambers, 17th February 2017

Source: www.hardwicke.co.uk

Commercial landlords may have to police illicit tobacco sales under HMRC proposals – OUT-LAW.com

‘Commercial property landlords could be forced to actively inspect their properties and police tenants suspected of tobacco and other excise duty evasion under plans proposed by HM Revenue and Customs (HMRC), an expert has warned.’

Full story

OUT-LAW.com, 22nd February 2017

Source: www.out-law.com

Thinking about reasons again – UK Human Rights Blog

Posted February 22nd, 2017 in local government, news, planning, reasons by sally

‘There is, I am glad to say, an insistence these days in the Court of Appeal that the giving of proper reasons is a necessary part of what can be expected of a planning authority when it grants permission: see my post here for a case last year.’

Full story

UK Human Rights Blog, 21st February 2017

Source: www.ukhumanrightsblog.com

Confidentiality, Costs and Mediation – Garden Court Chambers

‘That mediation proceedings are confidential is taken as axiomatic. What is said and done in the course of a mediation remains there. The same goes for documents of whatever kind, and their contents, created for the purposes of the mediation. In the above case Master Howarth appears to have qualified these propositions to some extent.’

Full story

Garden Court Chambers, 31st January 2017

Source: www.gardencourtmediation.co.uk

Online court “visible by September and no big bang”, top judge reveals – Legal Futures

‘The first signs of an online court (OC) will be visible in tribunals by September, online processes will be extended to a wide range of civil court proceedings by May 2020, and the reforms will be incremental, according to one of the judges in charge.’

Full story

Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Getting to grips with proportionality and additional liabilities – Litigation Futures

Posted February 22nd, 2017 in costs, news, practice directions, proportionality by sally

‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:

“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…

“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

The government’s Brexit white paper: a missed opportunity – The Constitution Unit

‘On 2 February the government published its white paper on Brexit, which was intended to provide further detail regarding the overall aims the government would be pursuing once Article 50 has been triggered. Nick Wright assesses this document, concluding that whilst it does expand on some of Theresa May’s key pledges set out in the Lancaster House speech in several areas it remains unclear exactly what the government is seeking. One example of this is the idea of a UK-EU strategic partnership, which is proposed in the white paper but not expanded on. Overall, it is hard not to see the white paper as a missed opportunity.’

Full story

The Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

How laws are putting strippers in greater danger – The Independent

Posted February 22nd, 2017 in employment, licensing, news, sex establishments, women by sally

‘Members of the East London Strippers Collective campaign group have seen the rise and fall of the ‘bonaza era’ of exotic dancing, and they say women are the ones suffering.’

Full story

The Independent, 21st February 2017

Source: www.independent.co.uk

Open Space – Local Government Law

Posted February 22nd, 2017 in local government, news, parks, sale of land by sally

‘One of the issues in Whitstable Society v Canterbury City Council [2017] EWHC 254 (Admin) was whether the notification and consultation proceedings required by Section 123(2A) in relation to open space land owned by a local authority ought to have been gone through in respect of the sale of land owned by the City Council. Dove J held not, notwithstanding that the land had been acquired for development as open space and had not been formally appropriated to any other use.’

Full story

Local Government Law, 15th February 2017

Source: www.11kbw.com

Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

Full story

Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

Ground-breaking code of practice to tackle pirate websites – Technology Law Update

Posted February 22nd, 2017 in codes of practice, computer crime, copyright, internet, news, piracy by sally

‘A ground-breaking new initiative targeting online piracy brings together the creative industries and leading search engines under a voluntary code of practice to tackle copyright infringing sites. The deal, brokered by the UK Intellectual Property Office, with the support of Ofcom and the Department for Culture, Media and Sport, will involve collaborative work to demote search results that link to illegal sites. There will be ongoing technical consultation and information sharing to improve the process and adapt to change.’

Full story

Technology Law Update, 21st February 2017

Source: www.technology-law-blog.co.uk

Brexit briefing: Securing EEA Nationals’ Residence Rights – Free Movement

Posted February 22nd, 2017 in advocacy, brexit, citizenship, documents, EC law, government departments, immigration, news by sally

‘The rights of EEA nationals (plus Swiss) to reside in the UK are primarily addressed in the Citizens Directive (Directive 2004/38/EC) which is implemented in the United Kingdom in the Immigration (European Economic Area) Regulations 2016.’

Full story

Free Movement, 21st February 2017

Source: www.freemovement.org.uk

Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’

Full story

OUT-LAW.com, 21st February 2017

Source: www.out-law.com

Watchdog to pursue essay-cheat websites – BBC News

Posted February 22nd, 2017 in internet, news, penalties, plagiarism, standards, universities by sally

‘The universities watchdog is being asked to pursue websites advertising essay-writing services for students.’

Full story

BBC News, 21st February 2017

Source: www.bbc.co.uk

Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette

Posted February 22nd, 2017 in appeals, data protection, disclosure, news, privilege by sally

‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’

Full story

Law Society’s Gazette, February 2017

Source: www.lawgazette.co.uk

Families await supreme court verdict on income rules for spouse visas – The Guardian

Posted February 22nd, 2017 in families, human rights, immigration, news, Supreme Court, visas by sally

‘The fate of tens of thousands of separated British families in which one parent is not entitled to live in the UK because they have failed to meet a minimum income threshold of £18,600 will be decided by the supreme court on Wednesday.’

Full story

The Guardian, 21st February 2017

Source: www.guardian.co.uk

Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

Full story

Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com