News – Page 228
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News
Human rights
Prison – Prison conditions – Disabled prisoner R (on the application of Hall) v University College London Hospitals NHS Foundation Trust and another: Queen's Bench Division, Divisional Court: 8 February 2013 ...
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Future financial remedy proceedings
The recent decision of the Court of Appeal in Petrodel Resources Ltd v Prest [2012] EWCA Civ 1395, shocked the family law world. It has left many concerned about the potential effects it may have on future financial remedy proceedings, and some adamant that it has provided moneymakers with an ...
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Defining domicile
There has been much discussion in the press regarding the introduction of a statutory test for residence. The test is welcome and should provide a greater degree of certainty for clients in the context of their UK tax status. It should however be remembered that residence is not the only ...
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Criminal law
Perverting course of justice – Third party being subject to restraint order R v Kenny: Court of Appeal, Criminal Division: 30 January 2013 The Court of Appeal, Criminal Division ...
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Freedom of information
The Freedom of Information Act 2000 (FoI) does not just require public authorities to disclose information they hold but also information that is held on their behalf (section 3(2)). Local authorities are increasingly outsourcing management of services to the private sector. Such arrangements are often scrutinised by interested parties making ...
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Employment
'Worker' – Part-time workers O'Brien v Ministry of Justice (Council of Immigration Judges intervening): Supreme Court: 6 February 2013 The Supreme Court held that the claimant, a retired part-time recorder, ...
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Maintenance pending suit applications
There are few reported cases in respect of maintenance pending suit applications. A recent example, however, was the appeal decision of Coleridge J in S v M [2012] All ER (D) 175 (Nov).
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Excise duty
Customs and Excise – Duties – Imported goods – Personal use Stern v United Kingdom Border Agency: Queen's Bench Division, Divisional Court: 23 January 2013 The appellant bought a substantial ...
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Immigration
Leave to remain – Defendant secretary of state rejecting applications – Claimants challenging secretary of state's policy as unlawful on ground of ambiguity R (on the application of Sharmilla and others) v Secretary of State for the Home Department; ...
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Public law ultra vires
It is clear that in certain circumstances a local authority can plead lack of legal capacity as a defence to a private law claim (see Credit Suisse v Allerdale Borough Council [1996] 4 All ER 129). However, can a local authority prosecute for failure to have a valid caravan site ...
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Contempt of court
Orders in family proceedings – Enforcement Young v Young: Family Division (Mr Justice Moor): 16 January 2013 The Family Division imposed a sentence of six months’ imprisonment for contempt of court, in circumstances where the husband had failed, in certain very important aspects, to comply with an order of the ...
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Sentence
Defendant harassing actress and breaching interim restraining order – Defendant appealing – Whether sentence manifestly excessive R v Rumbelow: Court of Appeal, Criminal Division (Lord Justice Rafferty, Globe and Mr Justice Leggatt): 18 December 2012 The defendant, who suffered from Asperger’s syndrome and attention-deficit hyperactivity disorder, was sentenced to two-and-a-half ...
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Employment
Discrimination – Religious discrimination Eweida and others v United Kingdom (App. Nos. 48420/10, 59842/10, 51671/10 and 36516/10): European Court of Human Rights: 15 January 2013 The European Court of Human ...
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Injunction
Copyright – Newspaper – Article – Breach of privacy – Interlocutory injunction Rocknroll v News Group Newspapers Ltd: Chancery Division: 17 January 2013 The claimant, who was married to the ...