Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers

Posted August 7th, 2018 in homelessness, housing, local government, news by sally

‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’

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Arden Chambers, 12th July 2018

Source: www.ardenchambers.com

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters

Posted August 7th, 2018 in care workers, mental health, minimum wage, news by sally

‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’

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Cloisters, 13th July 2018

Source: www.cloisters.com

“No DSS”: Can landlords and letting agents lawfully bar benefits tenants? – Employment and Discrimination Blog

Posted August 7th, 2018 in benefits, housing, landlord & tenant, news by sally

‘Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants).’

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Employment and Discrimination Blog, 25th July 2018

Source: employmentblog.practicallaw.com

Gender recognition and trans equality – Counsel

Posted August 7th, 2018 in equality, gender, news, transgender persons by sally

‘With trans headlines constantly in the news, Claire McCann examines the law on trans rights and the dangers of misinformed debate.’

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Counsel, August 2018

Source: www.counselmagazine.co.uk

QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers

Posted August 7th, 2018 in costs, damages, enforcement, news by sally

‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’

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Hailsham Chambers, 18th July 2018

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Part 36: no presumption in favour of indemnity costs on late acceptance – Hailsham Chambers

Posted August 7th, 2018 in costs, delay, indemnities, news, part 36 offers, time limits by sally

‘Where a defendant accepts a claimant’s Part 36 offer after expiry of the 21 day period, many claimants (and legal commentators) have argued that the claimant should be entitled to recover indemnity costs from the expiry of the relevant period, just as they would if the case had gone to trial and the same result had been achieved. This argument has been particularly attractive to claimants where fixed costs apply, as an order for indemnity costs will allow the claimant to recover more than fixed costs. A number of County Court Judges and District Judges have accepted this argument in PI actions to which fixed costs apply.’

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Hailsham Chambers, 23rd July 2018

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High Court dismisses legal challenge to local government reorganisation in Dorset – Local Government Lawyer

Posted August 7th, 2018 in boundaries, judicial review, local government, news by sally

‘A High Court judge has rejected a legal challenge brought by Christchurch Borough Council over local government reorganisation in Dorset.’

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Local Government Lawyer, 7th August 2018

Source: www.localgovernmentlawyer.co.uk

‘Same-roof’ rule in criminal injuries compensation – Law Society’s Gazette

Posted August 7th, 2018 in child abuse, criminal injuries compensation, domestic violence, news by sally

‘JT was born in 1963. She was the victim of repeated sexual assaults by her stepfather between the ages of 5 and 17 and made an application to the Criminal Injuries Compensation Authority following his conviction in 2012.’

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Law Society's Gazette, 6th August 2018

Source: www.lawgazette.co.uk

Leave.EU parts ways with Mishcon de Reya amid legal challenge – The Guardian

Posted August 7th, 2018 in elections, expenses, law firms, legal representation, news, referendums by sally

‘The elite London law firm Mishcon de Reya and Arron Banks’ pro-Brexit Leave.EU campaign have parted ways in the midst of Leave.EU’s legal challenge to a ruling it broke electoral law, the Guardian has learned.’

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The Guardian, 7th August 2018

Source: www.theguardian.com

High Court judge quashes decision by council to cut SEND budget by £5m – Local Government Lawyer

Posted August 7th, 2018 in budgets, local government, news, special educational needs by sally

‘A High Court judge has quashed Bristol City Council’s decision to reduce spending on special educational needs and disabilities (SEND) by £5m.’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 7th, 2018 in legislation by tracey

The Home Loss Payments (Prescribed Amounts) (England) Regulations 2018

The Combined Authorities (Spatial Development Strategy) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

Final Presidential words on transparency – Transparency Project

Posted August 7th, 2018 in family courts, judges, news, private hearings, reporting restrictions by sally

‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’

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Transparency Project, 6th August 2018

Source: www.transparencyproject.org.uk

Fire safety duties for insolvency practitioners – OUT-LAW.com

Posted August 7th, 2018 in fire, health & safety, insolvency, news by sally

‘When a business goes into insolvency, insolvency practitioners may become responsible for fire safety. Those responsibilities will change if the Hackitt Review’s post-Grenfell recommendations are implemented, particularly if the insolvency involves buildings where people sleep.’

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OUT-LAW.com, 7th August 2018

Source: www.out-law.com

High Court hosts new mega-money Russian dispute – Law Society’s Gazette

Posted August 7th, 2018 in choice of forum, freezing injunctions, news, Russia by sally

‘Another high-profile foreign dispute, this time related to a stake in a Russian fishing company valued at more than a billion pounds, has opened in the High Court – though the relevance of England and Wales as a jurisdiction has again been called into question.’

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Law Society's Gazette, 7th August 2018

Source: www.lawgazette.co.uk

UK human rights panel to investigate police use of child spies – The Guardian

Posted August 7th, 2018 in children, intelligence services, news, police, select committees, spying by sally

‘Parliament’s joint committee on human rights has been asked to investigate the use of child spies by the police and security services, after peers discovered powers covering the practice hidden in obscure secondary legislation.’

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The Guardian, 7th August 2018

Source: www.theguardian.com

Appeal judges reject criminals’ “cynical” attempt to blame barrister – Legal Futures

Posted August 7th, 2018 in barristers, confiscation, money laundering, news by sally

‘The Court of Appeal has rejected what it described as a “cynical” attempt by two men convicted of money laundering to blame their barrister for confiscation orders made against them.’

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Legal Futures, 7th August 2018

Source: www.legalfutures.co.uk

Kieran Wilson on Case Management, Lists of Issues, and the Need to Know Your Case From the Start – Littleton Chambers

Posted August 7th, 2018 in case management, employment, employment tribunals, news by sally

‘Case management is not typically regarded as the most glamorous aspect of litigation. This is understandable, since parties’ eyes are often fixed on the drama and stakes of the final hearing.’

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Littleton Chambers, 26th June 2018

Source: www.littletonchambers.com

BAILII: Recent Decisions

Posted August 7th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

The Competition And Markets Authority (CMA) v Concordia International RX (UK) [2018] EWCA Civ 1881 (07 August 2018)

Court of Appeal (Criminal Division)

Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)Knagg & Ors, R v [2018] EWCA Crim 1863 (07 August 2018)

High Court (Administrative Court)

Wakenshaw, R (On the Application Of) v Secretary Of State For Justice [2018] EWHC 2089 (Admin) (07 August 2018)

Aslam, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 2123 (Admin) (06 August 2018)

High Court (Chancery Division)

Saeed & Anor v Ibrahim & Ors [2018] EWHC 1804 (Ch) (03 August 2018)

Source: www.bailii.org

Scottish independence as a protected philosophical belief? McEleny – Law and Religion UK

Posted August 7th, 2018 in equality, news, political opinion discrimination, Scotland by sally

‘The Herald reports that an employment tribunal has ruled that belief in an independent Scotland is a philosophical belief similar to a religion and is protected under equality legislation.’

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Law and Religion UK, 7th August 2018

Source: www.lawandreligionuk.com

Judge calls for investigation into colleagues over race discrimination case – The Guardian

Posted August 7th, 2018 in judges, judiciary, news, race discrimination, racism by sally

‘A judge is calling for an investigation into colleagues who tried to suspend him over remarks he made about racism and the judiciary after receiving a formal apology over the matter.’

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The Guardian, 7th August 2018

Source: www.theguardian.com