Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer

Posted December 16th, 2019 in benefits, children, local government, news, statutory interpretation by tracey

‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’

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Local Government Lawyer, 13th December 2019

Source: www.localgovernmentlawyer.co.uk

Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer

Posted December 16th, 2019 in charities, hospitals, local government, news, rates by tracey

‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’

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Local Govenment Lawyer, 12th December 2019

Source: www.localgovernmentlawyer.co.uk

Consumer Credit Act must be modernised urgently, says trade body – OUT-LAW.com

‘The next UK government must act urgently to bring consumer credit laws up to date, a trade body has said. The Finance and Leasing Association (FLA) said that lenders were prevented by the Consumer Credit Act (CCA) from stepping in to help customers in financial difficulty quickly enough, while requiring them to send “old fashioned and severely worded letters”.’

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OUT-LAW.com, 13th December 2019

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted December 16th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Gray v Hurley [2019] EWCA Civ 2222 (12 December 2019)

East Bergholt Parish Council, R (on the application of) v Aggett & Ors [2019] EWCA Civ 2200 (12 December 2019)

Y (A Child) [2019] EWCA Civ 2209 (12 December 2019)

Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor [2019] EWCA Civ 2210 (12 December 2019)

High Court (Administrative Court)

LH, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3457 (Admin) (13 December 2019)

Gill, R (on the application of) v UK Statistics Authority [2019] EWHC 3407 (Admin) (12 December 2019)

Felicity Irving, R (on the application of) v Mid Sussex District Council [2019] EWHC 3406 (Admin) (12 December 2019)

Celczynski v Polish Judical Authority [2019] EWHC 3450 (Admin) (12 December 2019)

High Court (Chancery Division)

Flatman v Wiles & Anor [2019] EWHC 3338 (Ch) (13 December 2019)

Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch) (13 December 2019)

Multi-Access Ltd v Guanghzhou Wong Lo Kat Great Health Business Development Co Ltd [2019] EWHC 3357 (Ch) (12 December 2019)

Todd v Parsons & Ors [2019] EWHC 3366 (Ch) (12 December 2019)

Derby Teaching Hospitals NHS Foundation Trust & Ors v Derby City Council & Ors [2019] EWHC 3436 (Ch) (12 December 2019)

Fromageries Bel SA v J Sainsbury Plc [2019] EWHC 3454 (Ch) (12 December 2019)

High Court (Commercial Court)

James Kemball Ltd v “K” Line (Europe) Ltd & Anor [2019] EWHC 3422 (Comm) (13 December 2019)

High Court (Queen’s Bench Division)

Essex County Council & Ors v Davies & Ors [2019] EWHC 3443 (QB) (12 December 2019)

Banks v Cadwalladr [2019] EWHC 3451 (QB) (12 December 2019)

PME v The Scout Association [2019] EWHC 3421 (QB) (12 December 2019)

Triaster Ltd v Dun & Bradstreet Ltd [2019] EWHC 3433 (QB) (12 December 2019)

Source: www.bailii.org

High Court limits scope of provisional assessment appeals – Litigation Futures

Posted December 16th, 2019 in appeals, civil procedure rules, costs, news, oral hearings by tracey

‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

CA upholds third party’s oral agreement to pay solicitor’s fees – Litigation Futures

Posted December 16th, 2019 in appeals, contracts, fees, fraud, judicial review, news, solicitors by tracey

‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2019

Source: www.litigationfutures.com

Court orders change in living arrangements for a child following parental alienation – Family Law

Posted December 16th, 2019 in children, domestic violence, families, news by tracey

‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’

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Family Law, 13th December 2019

Source: www.familylaw.co.uk

Drug user jailed over wheelie bin death in Holloway – Crown Prosecution Service

Posted December 16th, 2019 in drug abuse, news, perverting the course of justice, sentencing by tracey

‘A drug user who threw the body of a man who had died in an overdose into a wheelie bin has been jailed for 16 months.’

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Crown Prosecution Service, 13th December 2019

Source: www.cps.gov.uk

‘Dangerous’ married man who impregnated 14-year-old girl is jailed for five years – Crown Prosecution Service

Posted December 16th, 2019 in child abuse, children, news, pregnancy, sentencing, sexual grooming, sexual offences by tracey

‘A married man who had sex with two teenage girls aged 14 and 15, impregnating the 14-year-old has been jailed for five years.’

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Crown Prosecution Service, 13th December 2019

Source: www.cps.gov.uk

Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law – Courts and Tribunals Judiciary

Posted December 16th, 2019 in forensic science, human rights, investigatory powers, privacy, speeches by tracey

‘Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law.’

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Courts and Tribunals Judiciary, 13th December 2019

Source: www.judiciary.uk

Crown court disposals fall despite growing caseload – Law Society’s Gazette

Posted December 16th, 2019 in budgets, Crown Court, news, statistics by tracey

‘The Crown court faces a growing backlog of work, as the number of criminal cases reaching court rises but the number of disposals falls.’

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Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

UK water companies ordered to cut bills by £50 by 2025 – The Guardian

Posted December 16th, 2019 in consumer protection, fees, news, water, water companies by tracey

‘Ofwat, the water regulator, has ordered water companies in England and Wales to cut bills for customers by £50 over five years and spend £51bn on improving services and investment in infrastructure.’

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The Guardian, 16th December 2019

Source: www.theguardian.com

‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian

Posted December 16th, 2019 in appeals, commons, local government, news, planning, Supreme Court by tracey

‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’

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The Guardian, 14th December 2019

Source: www.theguardian.com

Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent

Posted December 16th, 2019 in appeals, cancer, compensation, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by tracey

‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’

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The Independent, 16th December 2019

Source: www.independent.co.uk