‘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
‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’
OUT-LAW.com, 10th December 2013
Source: www.out-law.com
Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474
‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’
UK Human Rights Blog, 29th November 2013
Source: www.ukhumanrightsblog.com
Regina v Fields and others [2013] EWCA Crim 2042; [2013] WLR (D) 440
“In a joint benefit case, where each defendant was found to have obtained the joint benefit, he was not required by a confiscation order under the Proceeds of Crime Act 2002 to disgorge benefit he had not obtained and a confiscation order made in the amount matching the correctly assessed benefit, was not disproportionate.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
“The existence of criminal laws which specifically targeted homosexuals, supported the finding that those persons had to be regarded as forming a ‘particular social group’ within the meaning of Council Directive 2004/83/EC. A term of imprisonment which sanctioned homosexual acts and which was actually applied in the country of origin which adopted such legislation had to be regarded as being a punishment which was disproportionate or discriminatory and thus constituted an act of persecution. When assessing an application for refugee status, the competent authorities could not reasonably expect, in order to avoid the risk of persecution, the applicant for asylum to conceal his homosexuality in his country of origin or to exercise reserve in the expression of his sexual orientation.”
WLR Daily, 7th November 2013
Source: www.iclr.co.uk
“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”
BBC News, 6th November 2013
Source: www.bbc.co.uk
Schwarz v Stadt Bochum: (Case C‑291/12); [2013] WLR (D) 386
“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”
WLR Daily, 17th October 2013
Source: www.iclr.co.uk
In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382
“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”
WLR Daily, 11th October 2013
Source: www.iclr.co.uk
MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380
“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”
WLR Daily, 8th October 2013
Source: www.iclr.co.uk
“The Supreme Court will rule later whether prisoners have the right to vote under European Union rules – even though they cannot under British law.”
BBC News, 16th October 2013
Source: www.bbc.co.uk
“The Senior Costs Judge has slashed the after-the-event (ATE) premium claimed in a payment protection insurance (PPI) case, giving hope to defendants currently facing huge bills for mis-selling.”
Litigation Futures, 10th October 2013
Source: www.litigationfutures.com
“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”
Litigation Futures, 4th October 2013
Source: www.litigationfutures.com
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