News The eligibility rules for both homelessness and council housing allocation change this coming Thursday (1st June). The new regulations (and a useful separate explanatory memorandum) are available to download. Click Here to proceed. The official court statistics for last year have just been published. They show a substantial increase in the number of possession […]
CASES Discrimination compensation Miles v Gilbank [2006] EWCA Civ 543 Under the Sex Discrimination Act 1975 an employer is vicariously responsible for acts done by an employee in the course of his employment (s41(1)), an employee is liable for acts for which the employer is made vicariously liable (s42(2)). The employee is also liable for […]
M was an asylum-seeker who was HIV+. He was fully able to care for himself and function normally, but if he became homeless he was at increased risk of injury. The Court held that M was entitled to residential accommodation from the local authority and di
News The website of the Housing Law Practitioners Association has been completely re-vamped and updated. Click Here to take a look. The Court of Appeal will give its judgment on the issues arising from use of the Suspended Possession Order Form N28 on Tuesday 23 May. The decision (in Bristol CC v Hassan & Glastonbury) […]
News The Home Office Country of Origin Information Service published new country reports for April 2006. They include Vietnam, Pakistan, China and Gambia. Click Here to view them. Although to determine which have just been published it may be more efficient to look at the Ecoi website. Court of Appeal The judges in Reka v […]
Government and legislation On 10 May 2006 the Government began consulting (until 2 August 2006) on proposed changes to the maximum rate of commission that park owners can charge on the sale of a home. To view the consultation paper Click Here Cases Lee-Lawrence v Penwith DC [2006] 9 May, CA [2006] All ER(D) 115(May). […]
Government and Parliament The Home Office have revised their guidance concerning asylum applications from both accompanied and unaccompanied children. For more info Click Here News The United Nations stated on 5 May 2006 that the human rights crisis in Sudan’s Darfur region is in some respects worse than 18 months ago, humanitarian aid is declining, […]
Government and legislation On 6 April 2006 amendments to the Civil Procedure Rules extended the normal time limit for making an appeal in a civil case from 14 to 21 days and amended the test on whether permission to appeal should be granted to reflect “proportionality”: see the amended CPR 52 at http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part52.htm On 11 […]
UPDATE: On the 3rd August 2006 the Court of Appeal rejected the Home Office appeal against the decision of Mr Justice Sullivan. The appeal court, headed by the Master of the Rolls, unanimously ruled that the judgement below was "impeccable."
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Cases Unfair dismissal upper age limit Secretary of State for Trade and Industry v Rutherford & Ors [2006] UKHL 19 The House of Lords holds that the upper age limit of 65 for claiming unfair dismissal and redundancy under sections 109 and 156 Employment Rights Act 1996 does not have an adverse impact on a […]
Government and legislation On 4 May 2006 the Law Commission published its long-awaited Final Report on the reform of security of tenure in the rented sector (Renting Homes). It has also published a draft bill. Click Here to read more. On 5 May 2006 the ‘housing’ portfolio in Central Government moved from the Office of […]
Government and Parliament Commission Regulation (EC) No 635/2006 of 25 April 2006 repealed Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a MemberState after having been employed in that State. Click Here to read more News A growing number of gay and lesbian Americans are being forced to […]
Pirabakaran v Patel & Anor [2006] EWCA Civ 685 (26 May 2006)
In a landmark ruling earlier today, the Court of Appeal delivered a welcome boost to the rights of shopkeepers who live above their shops. Very many small shopkeepers hold their shop and the
Government and Parliament Minister for Immigration, Citizenship and Nationality Tony McNulty announced that the worker registration scheme for nationals of the newest EU member states will continue beyond 1 May 2006, noting that applicants have helped fill vacancies in parts of the economy experiencing labour shortages and have helped to deliver public services, without impacting […]
CASES TUPE G4S Justice Services (UK) Ltd v Anstey and Ors UKEAT/0698/05/LA The Claimants were dismissed for misconduct. A collective agreement provided that if on appeal they were re-instated their continuity of employment would be preserved and back-pay received. After the dismissal but before the appeal hearings there was a transfer of the contract on […]
Government and Parliament The Statement of Changes in Immigration Rules laid on 20 April 2006 (HC 1053) revokes the existing provision of the right for European Economic Area (EEA) nationals and their family members to apply for permission to remain indefinitely under United Kingdom domestic law under paragraphs 255 to 257 of the Immigration Rules. […]
The Future for Refugee and Human Rights Law
Rick Scannell from Garden Court Chambers and Chris Randall from Bates Wells and Braithwaite Solicitors, are delivering the Haldane Society lecture 'The Future for Refugee and Human Rights Law', on the evening of
CASES Working time Federatie Nederlandse Vakbeweging v Staat der Nederlanden ECJ C-124/05 Under Article 7(2) of the Working Time Directive the payment in lieu for untaken holidays is prohibited except where the employment relationship has ended. The ECJ held that this is because such payment would create an incentive, incompatible with the objectives of the […]
Government and legislation The Law Commission has today published a consultation paper on reform of the law and practice concerning resolution of housing disputes Housing: proportionate dispute resolution. Copies available by Clicking Here The Housing Corporation (Delegation etc) Bill 2006 was introduced to Parliament on 30 March 2006. If passed, it will give the Housing […]
Government and Parliament The Immigration (European Economic Area) Regulations 2006 were made on 30 March 2006 and will come into force on 30 April 2006. For more info Click Here Gary Titley Member of the European Parliament stated during a debate that European labour markets should be open as here in the UK. "We were […]
