‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’
Panopticon, 29th October 2019
Source: panopticonblog.com
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’
Tanfield Chambers, 29th October 2019
Source: www.tanfieldchambers.co.uk
‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’
Six Pump Court, 23rd October 2019
Source: www.6pumpcourt.co.uk
‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’
Local Government Lawyer, 29th October 2019
Source: www.localgovernmentlawyer.co.uk
‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’
Monckton Chambers, 16th October 2019
Source: www.monckton.com
‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’
UK Constitutional Law Association, 29th October 2019
Source: ukconstitutionallaw.org
‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’
Old Square Chambers, 17th October 2019
Source: www.oldsquare.co.uk
‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
‘Phillip Patterson provides a summary of recent corporate insolvency cases covering:
– Fraudulent trading;
– Misfeasance, transactions defrauding creditors and the duties of directors; and
– The out of court appointment of administrators.’
Hardwicke Chambers, 9th October 2019
Source: hardwicke.co.uk
‘Kenneth Hamer gave the George Swift 2019 Lecture at the University of Southampton to the Royal College of General Practitioners, Wessex Faculty, on “The Implications of Bawa-Garba and the Boundaries of Professional Conduct”.’
Henderson Chambers, 11th October 2019
Source: www.hendersonchambers.co.uk
‘”Serious failings” led to the collapse of a prosecution over allegations that racist slurs were hurled at Brighton defender Gaetan Bong during a Premier League match.’
Daily Telegraph, 29th October 2019
Source: www.telegraph.co.uk
‘Immigrant rights campaigners have begun a ground-breaking legal case to establish how a Home Office algorithm that filters UK visa applications actually works.’
The Guardian, 29th October 2019
Source: www.theguardian.com
‘A “single source of truth” that contains all the information about a property before it goes on the market is in the works as part of plans to speed up the home buying and selling process, it has emerged.’
Legal Futures, 30th October 2019
Source: www.legalfutures.co.uk
‘The latest monthly environmental law news podcast presented by Mark Davies in association with LexisPSL, is now available.
In this short update Mark considers:
– Publication of the Environment Bill;
– Environment Agency aims to become net carbon zero by 2030; and
– New requirements for applicants for certain bespoke permits to carry out risk assessments on adapting to climate change.’
Six Pump Court, 29th October 2019
Source: www.6pumpcourt.co.uk
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