“Judges in England and Scotland are being asked to explain why they believe someone is unfit to work, in a move ministers hope will improve the decision-making process on benefits.”
BBC News, 21st June 2013
Source: www.bbc.co.uk
“The UK government on Wednesday published a consultation on streamlining regulatory and competition appeals. The press spin was that the proposals are all about preventing ‘armies of lawyers’ from blocking consumer-friendly measures. In reality, although it is true that the proposals are designed in part to put a lid on litigation, the consultation contains a series of thoughtful suggestions – many of which are likely to attract widespread support.”
Competition Bulletin from Blackstone Chambers, 20th June 2013
Source: www.competitionbulletin.com
“Although usually sought by employers, either party may apply to a tribunal for an order that the other party pay a deposit as a condition of continuing to argue a particular matter if the tribunal is satisfied that the contentions put forward by that party have ‘little reasonable prospects of success’: Rule 20(1) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“Moors murderer Ian Brady began a legal attempt to prove that he is sane in the hope that he will be discharged from the secure psychiatric hospital where he is incarcerated and sent to a high security jail so he can starve himself to death.”
The Guardian, 17th June 2013
Source: www.guardian.co.uk
“Moors Murderer Ian Brady is scheduled to go before a tribunal later today in his bid to be transferred to a prison to die.”
The Independent, 17th June 2013
Source: www.independent.co.uk
“The European Court of Justice has, in recent days, handed down a judgment that hits several hot buttons: UK immigration law, EU human rights, secret evidence, and suspicions of terrorism. In ZZ the Court has had to rule on the use of secret evidence before the Special Immigration Appeals Commission (SIAC).”
UK Human Rights Blog, 14th June 2013
Source: www.ukhumanrightsblog.com
“Rosalind English has recently posted on incomplete academic work in the climate change field. This appeal is closely related, in that it concerns a university’s claim to hold on to data from a publicly-funded randomised controlled trial pending peer-reviewed publication.”
UK Human Rights Blog, 12th June 2013
Source: www.ukhumanrightsblog.com
“In Avon Estates (London) Limited v Sinclair Gardens Investments (Kensington) Limited [2013] UKUT 0264 (LC) [not online yet we have a transcript] the Upper Tribunal considered the question of whether an insurance premium had been reasonable incurred.”
NearlyLegal, 11th June 2013
Source: www.nearlylegal.co.uk
“These are the latest in a series of freedom of information requests for disclosure of material from the UEA’s Climatic Research Unit (CRU). These requests arose following the ‘climategate’ affair where hacked university emails suggested that individuals within CRU might have attempted to abuse the process of peer review to prevent publication of opposing research papers and evidence. Hence the sensitivity of the data to both requester and CRU, and the passions engendered on these appeals.”
UK Human Rights Blog, 10th June 2013
Source: www.ukhumanrightsblog.com
“Lawyers say police could ‘circumvent criminal justice’ by using intelligence in civil immigration courts to increase deportations.”
The Guardian, 6th June 2013
Source: www.guardian.co.uk
“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”
UK Human Rights Blog, 5th June 2013
Source: www.ukhumanrightsblog.com
“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”
Panopticon, 22nd May 2013
Source: www.panopticonblog.com
“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”
BBC News, 22nd May 2013
Source: www.bbc.co.uk
A female police firearms officer tricked into opening a filing cabinet full of porn and offered a “pink gun” as a weapon has been awarded £20,000 in compensation.
Daily Telegraph, 21st May 2013
Source: www.telegraph.co.uk
“The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist minister was not an employee and therefore had no claim for unfair dismissal.”
Employment Law Blog, 20th May 2013
Source: www.employment11kbw.com
“Employment programmes for welfare recipients – often referred to as ‘workfare’ – are highly controversial. In Department for Work and Pensions v Information Commissioner and Zola (EA/2012/0207,0232 and 0233), the First-tier Tribunal considered three FOIA requests for information about companies participating in such programmes. The Tribunal ordered disclosure, rejecting the Department’s reliance on the exemptions in FOIA section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effect conduct of public affairs).”
Panopticon, 20th May 2013
Source: www.panopticonblog.com
“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”
The Guardian, 19th May 2013
Source: www.guardian.co.uk
“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”
NearlyLegal, 19th May 2013
Source: www.nearlylegal.co.uk
“Radical cleric Abu Qatada will launch a fresh bid for freedom today as he seeks to be released from prison at an immigration tribunal.”
The Independent, 20th May 2013
Source: www.independent.co.uk
“The Home Office Discretionary Leave policy and instruction document (issued 27 October 2009) was not capable of being read and applied in a way which was compliant with section 55 of the Borders, Citizenship and Immigration Act 2009 and the associated jurisprudence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
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