Intervening but overcrowded accommodation – Nearly Legal

Posted December 3rd, 2020 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’

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Nearly Legal, 1st December 2020

Source: nearlylegal.co.uk

Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association

Posted December 3rd, 2020 in constitutional law, diversity, judiciary, news, Supreme Court by tracey

‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’

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UK Constitutional Law Association, 1st December 2020

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 3rd, 2020 in legislation by tracey

The Electricity and Gas (Internal Markets) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 3rd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

MP, R (On the Application Of) v Secretary of State for Health And Social Care [2020] EWCA Civ 1634 (03 December 2020)

Prudential Assurance Company Ltd and Rothesay Life Plc, Re [2020] EWCA Civ 1626 (02 December 2020)

Court of Appeal (Criminal Division)

Porch, R v [2020] EWCA Crim 1633 (03 December 2020)

Ahmad v Health and Safety Executive [2020] EWCA Crim 1635 (03 December 2020)

Nelson v R [2020] EWCA Crim 1615 (02 December 2020)

High Court (Administrative Court)

Mahboubian, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 3289 (Admin) (03 December 2020)

JK, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 3303 (Admin) (03 December 2020)

Aleksandra Siuda v Sad Okregowy, Kielce, Poland [2020] EWHC 3316 (Admin) (03 December 2020)

EOG (Anonymity Order Made) v Secretary of State for the Home Department [2020] EWHC 3310 (Admin) (03 December 2020)

Bell & Anor v The Tavistock And Portman NHS Foundation Trust [2020] EWHC 3274 (Admin) (01 December 2020)

Francis, R (On the Application Of) v The Secretary of State for Health And Social Care [2020] EWHC 3287 (Admin) (01 December 2020)

High Court (Family Division)

Lancashire CC v G (No3)(Continuing Unavailability of Secure Accommodation) [2020] EWHC 3280 (Fam) (02 December 2020)

High Court (Queen’s Bench Division)

Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB) (03 December 2020)

Chocken v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3269 (QB) (02 December 2020)

Hayden v Dickenson [2020] EWHC 3291 (QB) (02 December 2020)

Source: www.bailii.org

When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer

Posted December 3rd, 2020 in appeals, civil procedure rules, local government, news, planning by tracey

‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer

Posted December 3rd, 2020 in adoption, local government, news, placement orders by tracey

‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’

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Local Government Lawyer, 3rd December 2020

Source: www.localgovernmentlawyer.co.uk

Ashbolt v HMRC [2020] STC 1813 – CrimeCast.Law

Posted December 3rd, 2020 in HM Revenue & Customs, income tax, loans, news, podcasts, search & seizure, tax avoidance by tracey

‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’

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CrimeCast.Law, 30th November 2020

Source: crimecast.law

Divorce in Later Life – Family Law

Posted December 3rd, 2020 in divorce, elderly, news by tracey

‘Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for “silver splitters.”’

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Family Law, 2nd December 2020

Source: www.familylawweek.co.uk

Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent

Posted December 3rd, 2020 in deportation, immigration, Jamaica, legal representation, news by tracey

‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk

A substantive review of the landmark decision in Taylor v Jaguar Land Rover Limited and the protection it provides for those who identify as non-binary and gender fluid under the Equality Act 2010 – Lamb Chambers

‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’

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Lamb Chambers, November 2020

Source: www.lambchambers.co.uk

Young black males in London ’19 times more likely to be stopped and searched’ – The Guardian

Posted December 3rd, 2020 in London, minorities, news, police, reports, statistics, stop and search, young persons by tracey

‘Young black males in London were 19 times more likely to be stopped and searched than the general population, a study of official data shows.’

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The Guardian, 3rd December 2020

Source: www.theguardian.com

Piers Corbyn guilty of lockdown protest restrictions breach – BBC News

Posted December 3rd, 2020 in coronavirus, demonstrations, news, regulations by tracey

‘Piers Corbyn has been found guilty of breaching coronavirus restrictions at an anti-lockdown gathering.’

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BBC News, 2nd December 2020

Source: www.bbc.co.uk

Covid-19: Do not resuscitate orders may have been used without consent – BBC News

Posted December 3rd, 2020 in consent, coronavirus, hospitals, medical treatment, news by tracey

‘Doctors may have made decisions about “do not resuscitate orders” without consent in the first wave of the pandemic, the care watchdog has warned. The Care Quality Commission said it saw a jump in complaints about such DNR orders between March and September.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Government plans ban on controversial live animal exports – The Independent

Posted December 3rd, 2020 in animals, brexit, consultations, EC law, news, slaughter by tracey

‘The government has said it is planning to ban the export of live animals for slaughter and fattening, as it seeks to “strengthen the UK’s position as a world leader on animal welfare”.’

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The Independent, 3rd December 2020

Source: www.independent.co.uk