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

Commercial Court aims to tackle listing issues – Litigation Futures

‘The Commercial Court has pledged to try and eliminate listing issues that have occurred in the past year amid a reduction in the number of available judges.’

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Litigation Futures, 13th February 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 14th, 2020 in legislation by tracey

The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2020

The First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2020

The Family Procedure (Amendment) Rules 2020

The Office of Communications (Provision of Information) Regulations 2020

The Energy Act 2004 (Assistance for Areas with High Distribution Costs) (Amendment) Order 2020

Source: www.legislation.gov.uk

7/7 survivor Thelma Stober to lead Grenfell memorial commission – The Guardian

Posted February 14th, 2020 in accidents, bereavement, fire, monuments, news, victims by sally

‘A survivor of the 7/7 terror attacks is to lead plans for a memorial commemorating the victims of the Grenfell Tower fire. Thelma Stober, a lawyer badly injured in the 2005 attack at Aldgate, will co-chair a commission to try to decide how to remember the 72 people killed by the fire at the west London tower block.’

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The Guardian, 14th February 2020

Source: www.theguardian.com

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

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Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted February 14th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Hussein v Secretary of State for the Home Department [2020] EWCA Civ 156 (13 February 2020)

Court of Appeal (Criminal Division)

RT & Anor, R. v [2020] EWCA Crim 155 (13 February 2020)

High Court (Administrative Court)

Sainsbury’s Supermarkets Ltd v Secretary of State for Housing, Communities And Local Government and Anor [2020] EWHC 270 (Admin) (13 February 2020)

Weed, R. (On the Application Of) v Commissioner of Police of the Metropolis [2020] EWHC 287 (Admin) (13 February 2020)

High Court (Queen’s Bench Division)

Ryan v Hackett [2020] EWHC 288 (QB) (13 February 2020)

W, F, C and D (minors)(Name changes disclosing gender reassignment and other matters) [2020] EWHC 279 (QB) (12 February 2020 )

Source: www.bailii.org

Solicitor faked email to cover inaction – Legal Futures

‘A solicitor claiming to have become overwhelmed by pressure of work has been struck off after dishonestly misleading clients that she had made court applications.’

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Legal Futures, 14th February 2020

Source: www.legalfutures.co.uk

Branston murders: Man jailed for killing mother and her partner – BBC News

Posted February 14th, 2020 in families, imprisonment, mental health, murder, news, sentencing by sally

‘A man who strangled his mother and battered her partner with a hammer to see “how he would feel if he killed” has been jailed for at least 32 years.’

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BBC News, 13th February 2020

Source: www.bbc.co.uk

Unfit expert hit with £89k third-party costs order – Litigation Futures

Posted February 14th, 2020 in costs, expert witnesses, negligence, news, third parties by sally

‘A circuit judge has made a “highly unusual” and large third-party costs order against a claimant’s medical expert witness, whose “improper, unreasonable, or negligent conduct” doomed the case.

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Litigation Futures, 14th February 2020

Source: www.litigationfutures.com

Touts found guilty of fraud over £11m ticket reselling scheme – The Guardian

Posted February 14th, 2020 in fraud, news by sally

‘Two of the UK’s most prolific ticket touts have been found guilty of fraud, in an important case that could have significant implications for people who buy tickets to sell them for profit.’

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The Guardian, 13th February 2020

Source: www.theguardian.com