Sustainable development: what does it mean and when is there a presumption in favour of it? – No. 5 Chambers

Posted July 5th, 2017 in appeals, interpretation, local government, news, planning by sally

‘Case law junkies will no doubt recall that this was Barwood’s appeal against the decision of Green J in the High Court, who ruled that there is no presumption in favour of sustainable development (“PIFSD”) in cases were NPPF paragraph 14 is not engaged. The dispute over whether the NPPF (when looked at as a whole) contains a general presumption in favour of sustainable development, or whether such a presumption arises if and only if the development plan is absent, silent or relevant policies are out of date (NPPF14), has been rumbling on ever since the decision of Coulson J in Wychavon DC v SSCLG [2016] EWHC 592 (Admin).’

Full Story

No. 5 Chambers, 4th July 2017

Source: www.no5.com

Hegarty v University Hospitals NHS Foundation Trust – Old Square Chambers

‘There is an interesting QBD case on Lawtel this morning illustrating the difficulties in clinical negligence cases for claimants wishing to sue under the Human Rights Act 1998 (HRA). It is important to remember that at present only the Lawtel case summary is available.’

Full Story

Old Square Chambers, 27th June 2017

Source: www.oldsquare.co.uk

Court of Protection: Guidance on Religious Observance – Park Square Barristers

Posted July 5th, 2017 in care homes, disabled persons, human rights, Islam, news by sally

‘The first application was in respect of adherence to fasting during Ramadan, the second application was in respect of the trimming of body hair.

Issues of capacity were not disputed within the proceedings. The court was concerned with a determination in respect of each application of what is in the best interests of IH under section 4 of the Mental Capacity Act 2005.’

Full Story

Park Square Barristers, 12th June 2017

Source: www.parksquarebarristers.co.uk

John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers

‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’

Full Story

Tanfield Chambers, 29th June 2017

Source: www.tanfieldchambers.co.uk

Is an RTA Insurer Liable for an Unidentified Defendant? – Park Square Barristers

‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’

Full Story

Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Animals Act Appeal Case Law – Park Square Barristers

Posted July 5th, 2017 in appeals, damages, horses, news, personal injuries, statutory interpretation by sally

‘Langstaff J upheld on appeal a first instance decision dismissing a claimant’s claim for injury when he fell from a horse.’

Full Story

Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update, Christopher Badger and Laura Phillips consider the Bar Council’s Brexit Working Group paper on environmental law, the publication of revised voluntary guidelines for issuing Green Bonds, and pledges by the Mayor of London for a ‘zero-emission’ city by 2050.’

Full Story

Six Pump Court, 26th June 2017

Source: www.6pumpcourt.co.uk

The Reasonableness of Insurance Premiums – Tanfield Chambers

‘Leases generally require leaseholders to contribute to insurance of their block – whether by including the cost in the general service charges or by way of a separate charge known as an “insurance rent”.’

Full Story

Tanfield Chambers, 22nd June 2017

Source: www.tanfieldchambers.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

Full Story

Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 5th, 2017 in legislation by Verity

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2017

The Human Medicines (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Clearer rules needed in the UK to support customer authentication by video, says expert – OUT-LAW.com

‘New rules are needed in the UK to make it clearer that it is acceptable for banks to verify the identity of new customers using video technology.’

Full Story

OUT-LAW.com, 4th July 2017

Source: www.out-law.com

FGM: More than 5,000 new cases in England – BBC News

Posted July 5th, 2017 in female genital mutilation, health, London, news, statistics, women by sally

‘The NHS in England recorded 5,391 new cases of female genital mutilation (FGM) in the past year, data reveals.’

Full Story

BBC News, 4th July 2017

Source: www.bbc.co.uk

Age limits on drinking, having sex, getting married and being arrested – BBC News

‘Young people get a number of personal freedoms when they turn 16 in some parts of the UK, but they may have to wait another 24 months to gain other rights.’

Full Story

BBC News, 4th July 2017

Source: www.bbc.co.uk

Why we need more black and minority ethnic magistrates – The Guardian

‘Jacqueline Macdonald-Davis and Jessica Baldwin are spearheading a campaign to court greater diversity among volunteers to the bench.’

Full Story

The Guardian, 4th July 2017

Source: www.theguardian.com

“No value in making general comment on incurred costs” says chief master – Litigation Futures

Posted July 5th, 2017 in budgets, costs, news, proportionality by sally

‘The chief master of the Chancery Division has outlined considerable reservations about making a comment on incurred costs as part of the budgeting process, saying there is “little or no value” in recording a general comment such as that they are “too high”.’

Full Story

Litigation Futures, 4th July 2017

Source: www.litigationfutures.com

Mentally ill woman died in cell after monitoring was reduced, inquest hears – The Guardian

Posted July 5th, 2017 in inquests, mental health, news, prisons, suicide by sally

‘A vulnerable and seriously mentally ill woman had her supervision reduced and was unable to access her anti-psychotic medication before she died in Holloway Prison, an inquest has heard.’

Full Story

The Guardian, 4th July 2017

Source: www.theguardian.com

“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures

‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’

Full Story

Legal Futures, 5th July 2017

Source: www.legalfutures.co.uk

Iraq war: judge to review Tony Blair prosecution ban – The Guardian

‘The most senior judge in England and Wales will hear a case attempting to overturn a ban on prosecuting Tony Blair over the Iraq war, the Guardian has learned.’

Full Story

The Guardian, 5th July 2017

Source: www.theguardian.com

Stalking victims being failed, say watchdogs – BBC News

Posted July 5th, 2017 in harassment, news, police, reports, stalking, victims by sally

‘Victims of harassment and stalking are being left at risk because of failings by police and prosecutors in England and Wales, say two watchdogs.’

Full Story

BBC News, 5th July 2017

Source: www.bbc.co.uk

Police failed to protect Bijan Ebrahimi prior to his murder, IPCC says – The Guardian

‘Police repeatedly failed to protect a disabled Iranian refugee as neighbours waged a violent seven-year campaign of hate that culminated in his murder by a misguided vigilante, a report has concluded.’

Full Story

The Guardian, 5th June 2017

Source: www.theguardian.com