Removal of life support after brain stem death held lawful – UK Human Rights Blog

Posted February 17th, 2020 in news by sally

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Man jailed 50 years after raping girl in Prescot – BBC News

Posted February 17th, 2020 in news by sally

‘A man who raped a six-year-old girl when he was a teenager has been jailed almost 50 years after the offence.’

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BBC News, 14th February 2020

Source: www.bbc.co.uk

TV licence convictions hard to justify, says MP scrutinising BBC – The Guardian

Posted February 17th, 2020 in news by sally

‘The Conservative MP tasked with scrutinising the BBC has said it is hard to justify enforcing the licence fee through the criminal courts, suggesting the corporation is losing support in its battle to prevent the decriminalisation of the £154.50 charge.’

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The Guardian, 15th February 2020

Source: www.theguardian.com

Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers

Posted February 17th, 2020 in news by sally

‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

British woman repeatedly trafficked for sex after Home Office failures – The Guardian

Posted February 17th, 2020 in news by sally

‘A young and highly vulnerable British sex trafficking victim was re-trafficked by county lines drug gangs on multiple occasions after the Home Office repeatedly refused to fulfil its legal obligation to provide her with safe accommodation.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers

Posted February 17th, 2020 in news by sally

‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers

Posted February 17th, 2020 in news by sally

‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Vos issues warning to parties who abuse disclosure pilot – Litigation Futures

Posted February 17th, 2020 in news by sally

‘Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.’

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Litigation Futures, 17th February 2020

Source: www.litigationfutures.com

Barristers warn of strain on defendants after Caroline Flack death – The Guardian

Posted February 17th, 2020 in news by sally

‘The death of the Love Island presenter Caroline Flack has prompted questions about the way the justice system deals with allegations of domestic abuse and the strains imposed on defendants.’

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The Guardian, 16th February 2020

Source: www.theguardian.com

Beauty, Trees and Zoning – Exchange Chambers

‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

“Football is Football” – Relegation Not Ground For Re-valuing a Football Stadium – Francis Taylor Building

Posted February 14th, 2020 in chambers articles, interpretation, news, sport, tribunals, valuation by sally

‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’

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Francis Taylor Building, 14th February 2020

Source: www.ftbchambers.co.uk

Dealing with Applications for Adjournments due to Ill-Health – St Ives Chambers

Posted February 14th, 2020 in adjournment, case management, chambers articles, health, litigants in person, news by sally

‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’

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St Ives Chambers, 6th February 2020

Source: www.stiveschambers.co.uk

The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers

Posted February 14th, 2020 in chambers articles, environmental protection, local government, news, planning by sally

‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

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Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

Oxford grooming trial: Three men jailed for sexually abusing girl – BBC News

‘Three men have been jailed for sexually abusing a schoolgirl in Oxford following an investigation into child sexual exploitation.’

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BBC News, 13th February 2020

Source: www.bbc.co.uk

The QC Tipped To Lead The Effort To ‘Update’ Human Rights Laws – Each Other

‘The attorney general, Geoffrey Cox QC, has been tipped to lead a new government commission tasked with updating human rights laws and reforming the judiciary.’

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Each Other, 12th February 2020

Source: eachother.org.uk

Corona-vires: Has the Government exceeded its powers? – UK Human Rights Blog

‘One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

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Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Review launched into East Kent NHS trust after baby deaths – The Guardian

‘The government has announced an independent review into maternity services at an NHS trust where a number of babies have died.’

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The Guardian, 13th February 2020

Source: www.theguardian.com