Supreme Court to rule on National Planning Policy Framework and preserving openness of the Green Belt – Local Government Lawyer

‘The Supreme Court will next week hand down its ruling on whether a county council misapplied a key provision in the National Planning Policy Framework on the preservation of “the openness of the Green Belt”.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Planning consent and community benefits – Law Society’s Gazette

‘Wind turbines can evoke strong feelings. To some they are vital and eye-catching sources of renewable energy. To others they are simply bird- and insect-destroying eyesores. But in granting planning consent, can a local authority have regard to a proposed annual donation to a local community fund? Would this be a material planning consideration? No, said the Supreme Court on 20 November in R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53. Lord Sales gave the judgment with which Lady Hale, Lord Reed, Lord Lloyd-Jones and Lord Thomas agreed.’

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Law Society's Gazette, 3rd January 2020

Source: www.lawgazette.co.uk

“Brain dead” baby – how the court decides doctors can withdraw life support – Transparency Project

Posted February 3rd, 2020 in anonymity, birth, children, doctors, families, hospitals, Islam, medical treatment, news by sally

‘In a recent case the court had to consider whether to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared brain-stem dead by doctors, despite the objections of the baby’s parents. Such cases are always agonising for all those involved and are approached with “anxious scrutiny” by the court. Often, as in this case, there is a clash between the science espoused by the medical profession and the feelings of the parents, guided by their religious beliefs.’

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Transparency Project, 2nd February 2020

Source: www.transparencyproject.org.uk

New Act – legislation.gov.uk

Posted February 3rd, 2020 in agriculture, legislation by tracey

Direct Payments to Farmers (Legislative Continuity) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 3rd, 2020 in legislation by tracey

The School and Early Years Finance (England) Regulations 2020

The Victims’ Payments Regulations 2020

The Rules for Direct Payments to Farmers (Amendment) Regulations 2020

The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020

The Adult Skills (Specified Qualification in Information Technology) (Amendment) Regulations 2020

The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 2) Regulations 2020

Source: www.legislation.gov.uk

Woman jailed for stranger sex attack in Huntingdon – BBC News

Posted February 3rd, 2020 in imprisonment, news, sentencing, sexual offences by sally

‘A woman who tried to force oral sex on a man in exchange for £5 for her bus fare has been jailed for sexual assault.’

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BBC News, 31st January 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Jesudason v Alder Hey Children’s NHS Foundation Trust [2020] EWCA Civ 73 (31 January 2020)

Al Ahmed v London Borough of Tower Hamlets [2020] EWCA Civ 51 (30 January 2020)

High Court (Administrative Court)

Hafeez v Government Of The United States Of America [2020] EWHC 155 (Admin) (31 January 2020)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2020] EWHC 130 (Admin) (30 January 2020)

High Court (Chancery Division)

Promontoria (Oak) Ltd v Emanuel & Anor [2020] EWHC 104 (Ch) (30 January 2020)

High Court (Commercial Court)

Forum Services International Ltd & Anor v OOS International BV [2020] EWHC 170 (Comm) (31 January 2020)

GDE LLC & Anor v Anglia Autoflow Ltd [2020] EWHC 105 (Comm) (31 January 2020)

Priminds Shipping (HK) Co Ltd v Noble Chartering Inc [2020] EWHC 127 (Comm) (31 January 2020)

Ajayi v Ebury Partners Ltd [2020] EWHC 166 (Comm) (31 January 2020)

SCOR SE v Barclays Bank Plc [2020] EWHC 133 (Comm) (30 January 2020)

Americas Bulk Transport Ltd (Liberia) v Cosco Bulk Carrier Ltd (China) M.V. Grand Fortune [2020] EWHC 147 (Comm) (30 January 2020)

High Court (Queen’s Bench Division)

Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB) (30 January 2020)

Carroll v Taylor & Ors [2020] EWHC 153 (QB) (30 January 2020)

Source: www.bailii.org

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Lawyers could be forced to sign up to comparison websites – Legal Futures

‘Law firms, chambers and other legal services providers could be forced to sign up to comparison websites so that clients can let others know about the quality of service they received.’

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Legal Futures, 3rd February 2020

Source: www.legalfutures.co.uk

Cheshire PC jailed for relationship with ‘vulnerable’ woman – BBC News

‘A PC who started a relationship with a woman he arrested despite being warned not to by his bosses, has been jailed.’

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BBC News, 3rd February 2020

Source: www.bbc.co.uk

Gender reassignment treatments for young people to get expert review – The Guardian

Posted February 3rd, 2020 in children, consent, gender, medicines, news, statistics, transgender persons, young persons by sally

‘The use of hormone treatments for young people who want to undergo gender reassignment is to be examined by experts, it has emerged.’

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The Guardian, 2nd February 2020

Source: www.theguardian.com