‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’
UK Human Rights Blog, 7th June 2014
Source: www.ukhumanrightsblog.com
‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’
Full story (PDF)
Falcon Chambers, 25th March 2014
Source: www.falcon-chambers.com
‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’
Family Law Week, 23rd May 2014
Source: www.familylawweek.co.uk
‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’
Daily Telegraph, 20th May 2014
Source: www.telegraph.co.uk
‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’
Litigation Futures, 16th May 2014
Source: www.litigationfutures.com
‘A district judge has been driven to despair as solicitors cranked up over £16,000 in costs in a dispute over an outstanding amount of only £15.’
Litigation Futures, 1st May 2014
Source: www.litigationfutures.com
‘It would be disproportionate to introduce automatic unlimited fines and prison sentences for UK taxpayers with offshore assets on which they have not paid the correct taxes, as trailed by the Chancellor of the Exchequer at the weekend, an expert has said.’
OUT-LAW.com, 14th April 2014
Source: www.out-law.com
‘It is Prison Service policy that prisons provide a fair and equal service to all prisoners, including to those who are disabled. The purpose of this policy is to make sure that the Prison Service meets its obligations under the Equality Act 2010 (EqA). However, for many disabled prisoners, these obligations are not being met.’
Halsbury’s Law Exchange, 4th April 2014
Source: www.halsburyslawexchange.co.uk
‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’
The Independent, 18th March 2014
Source: www.independent.co.uk
Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107
‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’
WLR Daily, 28th January 2014
Source: www.iclr.co.uk
‘Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world.’
NearlyLegal, 4th March 2014
Source: www.nearlylegal.co.uk
‘A district council faces having to make a significant payout to exporters of live animals after a High Court ruled that the authority did not have power to impose a temporary ban on shipment.’
Local Government Lawyer, 3rd March 2014
Source: www.localgovernmentlawyer.co.uk
‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’
BBC News, 3rd March 2014
Source: www.bbc.co.uk
‘The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. While these may not be the most pressing or immediately important issues raised by this particular case, it is worth noting what Laws LJ says at paras [41-46] as he seems to move away from what has been something of an orthodoxy in the British and European jurisprudence – the importance placed on the democratic justification for expression.’
UK Constitutional Law Association, 22nd February 2014
Source: www.ukconstitutionallaw.org
‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’
UK Human Rights Blog, 19th February 2014
Source: www.ukhumanrightsblog.com
‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’
BBC News, 19th February 2014
Source: www.bbc.co.uk
‘A trade union’s legal challenge to the introduction of fees to bring a case to an employment tribunal has been dismissed by the High Court.’
OUT-LAW.com, 10th February 2014
Source: www.out-law.com
‘The Metropolitan Police has admitted it was wrong not to review its use of the “hard stop” tactic employed in the shooting of Mark Duggan in 2011, despite being advised to do so by the complaints watchdog.’
The Guardian, 20th January 2014
Source: www.guardian.co.uk
‘A British National Party (BNP) activist has taken Education Secretary Michael Gove’s office to court in a bid to overturn a lifetime teaching ban.’
BBC New, 10th January 2014
Source: www.bbc.co.uk
Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496
‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
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