Day: 24 May 2018

Ambit of Code of Conduct – Local Government Law

Posted May 24th, 2018 in bullying, harassment, judicial review, local government, news, ultra vires by tracey

‘The main issue in R (Harvey) v Ledbury Town Council (2018) EWHC 1151 (Admin) was an issue as to jurisdiction, namely a dispute between the parties as to whether it was open to the Council to proceed against a member outside its Code of Conduct under the Localism Act 2011 (“the 2011 Act”). Cockerill J held that the Council by doing so acted ultra vires. It was contrary to the intention of Parliament as expressed in the 2011 Act to run a process in tandem with or as an alternative to the Code of Conduct process envisaged by the 2011 Act.’

Full Story

Local Government Law, 23rd May 2018

Source: local-government-law.11kbw.com

New Acts – legislation.gov.uk

Posted May 24th, 2018 in data protection, energy, legislation, utilities by tracey

Data Protection Act 2018

Smart Meters Act 2018

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 24th, 2018 in legislation by tracey

The Data Protection Act 2018 (Commencement No. 1 and Transitional and Saving Provisions) Regulations 2018

The Digital Economy Act 2017 (Commencement No. 5) Regulations 2018

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2018

The Immigration (Biometric Registration) (Jersey) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 24th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Jones v Birmingham City Council [2018] EWCA Civ 1189 (23 May 2018)

Court of Appeal (Criminal Division)

Attorney-General v Forsythe-Wilding [2018] EWCA Crim 1180 (23 May 2018)

High Court (Administrative Court)

Hayes v Solicitors Regulation Authority [2018] EWHC 1248 (Admin) (23 May 2018)

McCarthy and Stone Retirement Lifestyles Ltd & Ors, R (on the application of) v Greater London Authority [2018] EWHC 1202 (Admin) (23 May 2018)

Kay & Anor, R (on the application of) v Leeds Magistrates’ Court & Anor [2018] EWHC 1233 (Admin) (23 May 2018)

Haworth, R (On the Application Of) v Revenue And Customs [2018] EWHC 1271 (Admin) (23 May 2018)

High Court (Queen’s Bench Division)

CC v TD [2018] EWHC 1240 (QB) (23 May 2018)

Source: www.bailii.org

Council “did not have vires to lease part of common to pre-school nursery” – Local Government Lawyer

Posted May 24th, 2018 in commons, education, leases, local government, news, ultra vires by tracey

‘The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 23rd May 2018

Source: www.localgovernmentlawyer.co.uk

Home Secretary Police Federation speech 2018 – Home Office

Posted May 24th, 2018 in crime, police, speeches by tracey

‘The Home Secretary delivered a speech on his vision for the government’s relationship with the police.’

Full speech

Home Office, 23rd May 2018

Source: www.gov.uk/home-office

Cyber and International Law in the 21st Century – Attorney General’s Office

Posted May 24th, 2018 in computer crime, international law, internet, speeches by tracey

‘The Attorney General Jeremy Wright QC MP this morning set out the UK’s position on applying international law to cyberspace. This is the first time a Government Minister has set out the UK view on record.’

Full speech

Attorney General’s Office, 23rd May 2018

Source: www.gov.uk/ago

Gauke: criminal bar’s action to disrupt the courts is unacceptable – Law Society’s Gazette

Posted May 24th, 2018 in barristers, criminal justice, fees, industrial action, legal aid, news by tracey

‘A dispute between the government and the criminal bar over legal aid fees shows no signs of being resolved soon, after the lord chancellor said he was disappointed by the action being taken by advocates and declaring that any disruption to the courts is “unacceptable”‘.

Full Story

Law Society's Gazette, 24th May 2018

Source: www.lawgazette.co.uk

New legislation will modernise the courts – Ministry of Justice

Posted May 24th, 2018 in civil justice, courts, criminal justice, judiciary, lists, press releases by tracey

‘The Courts and Tribunals (Judiciary and Functions of Staff) Bill will increase efficiency by allowing greater flexibility to deploy the right judge to the right case.’

Full press release

Ministry of Justice, 23rd May 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Interim Sale of the Family Home in Financial Remedy Proceedings – Family Law Week

Posted May 24th, 2018 in divorce, financial provision, jurisdiction, matrimonial home, news, sale of land by tracey

‘Philip Newton, barrister, Becket Chambers Canterbury considers whether it is possible to obtain an order for sale of the family home before the final hearing.’

Full Story

Family Law Week, 23rd May 2018

Source: www.familylawweek.co.uk

Uber to give drivers and couriers sickness and maternity cover – The Guardian

Posted May 24th, 2018 in accidents, insurance, maternity leave, news, self-employment, sick leave by tracey

‘Uber is to provide additional protection for its drivers and couriers across Europe, including 70,000 in the UK, with limited insurance against sickness and injury as well as small maternity and paternity payments.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com

Fraud trial collapses over disclosure of BHA evidence – The Guardian

Posted May 24th, 2018 in disclosure, evidence, fraud, horse racing, news, sport by tracey

‘A six-week racing-related fraud case has collapsed after a judge ruled material held by the police and the British Horseracing Authority had not been properly disclosed to the defence. The case arose out of a complaint by the trainer Tony Carroll that he had been defrauded by a former employee, James Hamer, but the defence contended that all relevant cash movements had been carried out at Carroll’s direction.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com

Disabled boy sues theme park over lack of suitable toilet – BBC News

Posted May 24th, 2018 in disability discrimination, equality, news, parks by tracey

‘A severely disabled boy is suing a theme park for failing to provide a suitable “changing places” lavatory.’

Full Story

BBC News, 24th May 2018

Source: www.bbc.co.uk

Met chief wins £870,000 after being hounded out of job by ‘sexist’ female boss trying to abolish ‘macho culture’ – Daily Telegraph

Posted May 24th, 2018 in compensation, news, police, sex discrimination by tracey

‘A decorated Chief Inspector has been awarded £870,000 by the Metropolitan Police after he was hounded out of his job by a female boss who was intent on ridding his squad of a perceived macho culture.’

Full Story

Daily Telegraph, 23rd May 2018

Source: www.telegraph.co.uk

Woman guilty of forcing daughter into marriage in Pakistan jailed for four and a half years – The Independent

Posted May 24th, 2018 in forced marriages, news, perjury, sentencing by tracey

‘A mother who tricked her teenage daughter into going to Pakistan and forcing her to marry has been jailed for four and a half years.’

Full Story

The Independent, 23rd May 2018

Source: www.independent.co.uk

Birmingham man fails to overturn gang injunction – BBC News

Posted May 24th, 2018 in gangs, human rights, injunctions, local government, news by tracey

‘Gang injunctions that can ban individuals from towns and cities do not breach European human rights laws, a court has ruled. Appeal court judges made the ruling after a challenge by a 21-year-old who was made the subject of a Birmingham City Council banning order.’

Full Story

BBC News, 23rd May 2018

Source: www.bbc.co.uk

Wayne Bell jailed for neo-Nazi group social media posts – BBC News

Posted May 24th, 2018 in inciting racial hatred, internet, news, proscribed organisations, sentencing by tracey

‘A man described as a “poster boy” for a banned far-right terror group has been jailed after using social media to post racist and anti-Semitic material.’

Full Story

BBC News, 23rd May 2018

Source: www.bbc.co.uk

Daily Mail to pay Kate Maltby £11,000 costs over negative article – The Guardian

Posted May 24th, 2018 in compensation, costs, defamation, harassment, media, news by tracey

‘The Daily Mail has agreed to pay £11,000 towards legal costs and remove a negative article about Kate Maltby, the writer who accused Damian Green of inappropriate behaviour.’

Full Story

The Guardian, 23rd May 2018

Source: www.theguardian.com