‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’
Parklane Plowden Chambers, 20th November 2019
Source: www.parklaneplowden.co.uk
‘The ECHR was incorporated into UK domestic law through the Human Rights Act 1998 (HRA), which came into effect in October 2000 and has been hailed as a “constitutional statute” enjoying limited protection from implied repeal which this status brings (see Thoburn v Sunderland City Council). It has been further referred to as a “higher order” provision under which the long established doctrine of parliamentary sovereignty has yielded its station to the constitutional morality of the rule of law. It is arguable that the HRA has provided substantial positive protections to citizens as judgments finding violation against the UK have decreased in trend from 6.8% of Strasbourg judgments in 2001 to 0.2% in 2017.’
UK Constitutional Law Association, 28th November 2019
Source: ukconstitutionallaw.org
‘Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC 540 (Fam) where he held that “it was a very drastic thing indeed to interfere with a young mother’s contact with her new-born baby and his contact with her, particularly at a time when ‘threshold’ (s 31 (2) of the 1989 Children Act) is yet to be established.”’
Pallant Chambers, 26th November 2019
Source: www.pallantchambers.co.uk
‘More than 100 Extinction Rebellion protesters have had charges against them dropped after the ban forbidding protest in London last month was ruled unlawful.’
The Guardian, 27th November 2019
Source: www.theguardian.com
‘The Judgment in Wickes Building Supplies Ltd v William Gerarde Blair [2019] EWCA CIV 1934 focused on the procedure to be followed if a claimant seeks to rely on evidence served out of time when following the stage 3 procedure.’
Parklane Plowden Chambers, 21st November 2019
Source: www.parklaneplowden.co.uk
‘For even the most dyed in the wool Conservative voter, Conservative Central Headquarters’ decision to rename their twitter account as factcheckUK during Monday night’s leadership debates would have appeared unedifying. This conduct, which has the clear potential to mislead the public, goes beyond party lines and drifts into tactics that no one would properly describe as fair or opaque. Indeed, it is tactic one would expect to be utilised by one of the worlds autocratic regimes rather than by a major party in a democracy like the United Kingdom.’
Church Court Chambers, November 2019
Source: churchcourtchambers.co.uk
‘The Solicitors Disciplinary Tribunal (SDT) has rejected four allegations of multiple rule breaches against a solicitor because they were so badly drafted.’
Legal Futures, 28th November 2019
Source: www.legalfutures.co.uk
‘A man who killed his girlfriend’s 23-month-old daughter because she was crying has been jailed for life for her murder.’
BBC News, 27th November 2019
Source: www.bbc.co.uk
‘A children’s legal rights charity has launched an information hub to help professionals and community organisations challenge unfair school exclusions in England.’
Local Government Lawyer, 27th November 2019
Source: www.localgovernmentlawyer.co.uk
‘Claimants alleging mistreatment at work should be able to present their case without a succession of preliminary hearings, an employment appeal tribunal has said.’
Law Society's Gazette, 27th November 2019
Source: www.lawgazette.co.uk
‘Where a winding up petition is pending against a company, the company is able to enter into administration under Schedule B1 of the Insolvency Act 1986 (‘Schedule B1’), either through the court making an administration order in respect to the company, or through an appointment under paragraph 14 to Schedule B1 (where no provisional liquidator has been appointed and no administrative receiver is in office). When the company does enter administration, the pending winding up petition is affected.’
33 Bedford Row, 4th November 2019
Source: www.33bedfordrow.co.uk
‘Arbitration is the best available process for resolving disputes arising from international construction projects and should be augmented but not replaced by technology, according to the findings of one of the largest surveys of the sector ever undertaken.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘The Homelessness Reduction Act (HRA) 2017 came into effect on 3rd April 2018 and places new legal duties on local authorities so that everyone who is homeless, or at risk of homelessness, should have access to meaningful help, irrespective of their priority need status, as long as they are eligible for assistance. The Act amends part VII of the Housing Act 1996 and is arguably the biggest change in homelessness legislation since the Housing
(Homelessness Persons) Act 1977.’
Pump Court Chambers, 12th November 2019
Source: www.pumpcourtchambers.com
‘Mohamed, an asylum seeker from Sudan, tells how he has been imprisoned many times since arriving in Britain in 2012.’
The Guardian, 27th November 2019
Source: www.theguardian.com
Does your neighbour regularly park across your driveway? Have a dog that howls or barks incessantly? Play drum and bass music into the early hours? Have children that make uncontrolled noise or trespass regularly onto your property? Use power tools at anti-social hours at the weekend? Do you have a neighbour from hell? Have you raised a complaint to your neighbour directly or to others such as the police or the Local Authority? If so, your property may have suffered a Diminution in Value as a result of such anti-social behaviour or harassment. The value of your property depends on good neighbours and maintaining cordial relations.
Church Court Chambers, November 2019
Source: churchcourtchambers.co.uk
‘The market of clients using litigation finance through choice rather than necessity – especially companies looking to offload their liability for portfolios of cases – remains “almost entirely unaddressed”, an AIM-listed funder has told investors.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘The family of teenage motorcyclist Harry Dunn have launched a legal action against the Foreign Office which they said could cost them “upwards of £50,000”.’
The Guardian, 28th November 2019
Source: www.theguardian.com
‘The Planning Board at the Royal Borough of Greenwich has removed a clause from a s106 agreement that was intended to restrict future occupants of a housing development from pursuing claims for nuisance or damages over noise, after receiving legal advice suggesting it was unlawful.’
Local Government Lawyer, 27th November 2019
Source: www.localgovernmentlawyer.co.uk
‘The five respondents arrived in the United Kingdom illegally and claimed asylum. Each of the respondents was detained for a period of time pending his or her removal from the United Kingdom pursuant to the Immigration Act 1971 of Schedule 2 paragraph 16(2). The respondents challenged the lawfulness of their detention by bringing claims against the Secretary of State for the Home Department.’
UKSC Blog, 27th November 2019
Source: ukscblog.com
‘The murder of Grace Millane in 2018 seized front pages of media outlets worldwide, with article after article fixated on details of her personal history. These details implied that the sexually violent nature of Millane’s death was somehow a product of her own actions, and this treatment is itself part of a much larger media trend in how violence against women is represented.’
Rights Info, 27th November 2019
Source: rightsinfo.org
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