Foreign criminals’ deportation scheme ruled unlawful – UK Human Rights Blog

‘R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42. The Government’s flagship scheme to deport foreign criminals first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life.’

Full Story

UK Human Rights Blog, June 15th 2017

Source: ukhumanrightsblog.com

The Highs and Lows of the UK’s Business and Human Rights Laws – Rightsinfo

‘Today marks 6 years since the UN Human Rights Council adopted the Guiding Principles on Business and Human Rights. To celebrate, we are looking at three fantastic things the UK has done to ensure that businesses respect human rights, and two areas where it could vastly improve.’

Full Story

Rightsinfo, 16th June 2017

Source: rightsinfo.org

Recent Cases on the Braganza duty and the exercise of discretion: an intensification of scrutiny of the decision making process – Employment Law Blog

Posted June 16th, 2017 in contract of employment, evidence, news, remuneration by tracey

‘It used to be thought that in exercising a contractual discretion accorded to it, in relation for example to a bonus or a share plan, an employer could, so long as it addressed the matter honestly and genuinely, make subjective qualitative judgments which would only be reviewable if they were perverse or illogical. Braganza appears to have changed this.’

Full Story

Employment Law Blog, 12th June 2017

Source: employment11kbw.com

The Children and Social Work Act 2017 – Community Care Blog

Posted June 16th, 2017 in children, local government, news, social services by tracey

‘After significant controversy and substantial amendments, the Children and Social Work Act 2017 received royal assent on 27 April. While the majority of the legislation is not yet in force, the changes contained in the Act will have important implications for the regulation of social work in England, safeguarding of children, and investigations into the death of children. In addition, the Act clarifies and amends the obligations of local authorities as corporate parents.’

Full Story

Community Care Blog, 14th June 2017

Source: communitycare11kbw.com

Muslim man with learning difficulties need not fast or be shaved during Ramadan – Local Government Lawyer

Posted June 16th, 2017 in Court of Protection, disabled persons, Islam, learning difficulties, news by tracey

‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’

Full Story

Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Councils win 3-year extension to district-wide ban on unauthorised encampments – Local Government Lawyer

Posted June 16th, 2017 in injunctions, local government, news, travellers by tracey

‘Harlow Borough Council and Essex County Council have secured a three-year extension to an injunction which bans Travellers from setting up unauthorised encampments across Harlow.’

Full Story

Local Government Lawyer, 15th June 2017

Source: localgovernmentlawyer.co.uk

Law schools “trapped in the 1970s”, Susskind says – Legal Futures

Posted June 16th, 2017 in artificial intelligence, legal education, legal services, news by tracey

‘Many law schools are teaching law “as it was in the 1970s”, Professor Richard Susskind, IT adviser to the Lord Chancellor, has said.’

Full Story

Legal Futures, 16th June 2017

Source: www.legalfutures.co.uk

Three men sentenced for modern slavery offences – Crown Prosecution Service

Posted June 16th, 2017 in forced labour, news, sentencing, trafficking in human beings by tracey

‘Three Polish nationals have today (14 June) been sentenced for modern slavery offences, after they trafficked workers to the UK and forced them to live in poverty and fear.’

Full Story

Crown Prosecution Service, 14th June 2017

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted June 16th, 2017 in law reports by tracey

Supreme Court

Kiarie and Byndloss, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 42 (14 June 2017)

A and B, R (on the application of) v Secretary of State for Health [2017] UKSC 41 (14 June 2017)

Court of Appeal (Civil Division)

UKI (Kingsway) Ltd v Westminster City Council [2017] EWCA Civ 430 (15 June 2017)

Dexia Crediop SPA v Comune Di Prato [2017] EWCA Civ 428 (15 June 2017)

High Court (Administrative Court)

Alexander v The Public Prosecutor’s Office, Marseille District Court of First Instance, France [2017] EWHC 1392 (Admin) (15 June 2017)

Anugha, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1391 (Admin) (15 June 2017)

Nduka v General Medical Council [2017] EWHC 1396 (Admin) (15 June 2017)

Khaled & Anor v The Secretary of State for Foreign and Commonwealth Affairs & Ors [2017] EWHC 1422 (Admin) (15 June 2017)

MK (A Child By Her Litigation Friend CAE), R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1365 (Admin) (14 June 2017)

Court (Chancery Division)

Byrne v Mullan [2017] EWHC 1387 (Ch) (15 June 2017)

High Court (Commercial Court)

Micula & Ors v Romania [2017] EWHC 1430 (Comm) (15 June 2017)

High Court (Technology and Construction Court)

Alstom Transport UK Ltd v London Underground Ltd & Anor [2017] EWHC 1406 (TCC) (15 June 2017)

Source: www.bailii.org

Pentonville escapees sentenced to more time behind bars – The Guardian

Posted June 16th, 2017 in fugitive offenders, news, sentencing by tracey

‘Two prisoners who escaped a London jail by sawing through a metal bar, clambering over the roof and swinging around a CCTV pole using a bedsheet have had their sentences extended. James Whitlock, 32, and Matthew Baker, 29, went on the run in November last year after breaking out of HMP Pentonville. Staff at the jail did not realise they were gone until 15 hours after they were last seen in their cell.’

Full Story

The Guardian, 15th June 2017

Source: www.theguardian.com

Hundreds of thousands of illegal immigrants drop off radar in the UK every year according to secret figures – Daily Telegraph

Posted June 16th, 2017 in immigration, news, statistics by tracey

‘Up to 250,000 people drop off the radar and end up as illegal immigrants in Britain every year, according to secret Home Office figures, amid warnings that border controls are completely ineffective and will only get worse after Brexit. David Wood, who was head of immigration enforcement at the Home Office until 2015, said that more than 1.2million illegal immigrants are currently living in Britain, predominantly after overstaying their visas.’

Full Story

Daily Telegraph, 16th June 2017

Source: www.telegraph.co.uk