Court of Appeal on credibility, standard of proof and appellate court’s role – EIN Blog

Posted June 8th, 2023 in appeals, asylum, news, standard of proof, tribunals by tracey

‘MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023). The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international protection failed because of his lack of credibility.’

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EIN Blog, 7th June 2023


Public benefit for the rich?: Merton LBC v Nuffield Health – Law & Religion UK

Posted June 8th, 2023 in charities, fiduciary duty, health, local government, news, rates by tracey

‘Nuffield Health is a registered charity. Its purposes are “to advance, promote and maintain health and healthcare of all descriptions and to prevent, relieve and cure sickness and ill health of any kind, all for the public benefit.” It pursues its purposes primarily through the provision of gym facilities, including the gym at Merton Abbey. It also operates private hospitals and clinics. The facilities at Merton Abbey are mainly restricted to fee-paying members. In April 2019, the standard membership fee was £80 per month. Nuffield also offers certain limited services to non-members of the gym. S.43(5) and (6)(a) Local Government Finance Act 1988 mandates an 80 per cent relief from business rates where “the ratepayer is a charity or trustees for a charity” and the premises are “wholly or mainly used for charitable purposes (whether of that charity or of that and other charities)”. Nuffield Health claimed the mandatory relief under s.43(5) and (6)(a) from 1 August 2016, when it acquired the Merton Abbey gym.’

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Law & Religion UK, 8th June 2023


Think of other ways to meet the duty – Nearly Legal

‘Our grateful thanks to Eleri Griffiths and Martin Hodgson of One Pump Court for the following note of a judicial review of LB Harrow’s failure to provide suitable accommodation under section 193 Housing Act 1996, following on from Elkundi (our note) and while we await the Supreme Court decision in Imam v LB Croydon on mandatory orders in such cases.’

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Nearly Legal, 4th June 2023


On the naughty step – a ‘rising star’ of Barking – Nearly Legal

‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.

We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’

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Nearly Legal, 6th June 2023


Lord Sales, The Developing Jurisprudence of the Supreme Court on Convention Rights – Supreme Court

‘Lord Sales: The Developing Jurisprudence of the Supreme Court on Convention Rights’

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Supreme Court, 5th June 2023


MR on fixed costs extension: “I hope it works” – Legal Futures

Posted June 8th, 2023 in costs, electronic filing, news, small claims by tracey

‘The Master of the Rolls has said he believes the extension of fixed recoverable costs (FRCs) to many cases worth up to £100,000 in October is “a good thing” and “I hope it works”.’

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Legal Futures, 8th June 2023


Public Lecture at The School of Law, Economics and Governance, University of Malawi by the Lord Chief Justice – Courts and Tribunals Judiciary

Posted June 8th, 2023 in judiciary, news, rule of law by tracey

‘Judicial Independence and Accountability in the 21st Century: Challenges and Opportunities.’

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Courts and Tribunals Judiciary, 5th June 2023


Sex education: Protesters lose bid to appeal High Court judgment – BBC News

Posted June 8th, 2023 in appeals, education, human rights, judicial review, news, school children, Wales by tracey

‘Campaigners against the Welsh government’s sex education curriculum have lost their bid to appeal against a High Court judgment.’

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BBC News, 7th June 2023


Manchester Arena bomb: Inquiry recommendation delays ‘heartbreaking’ – BBC News

Posted June 8th, 2023 in delay, explosives, inquiries, news, terrorism by tracey

‘Families of Manchester Arena bomb victims said it was “absolutely heartbreaking” changes to make venues safer had not been made six years on.’

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BBC News, 8th June 2023


Watchdog rules rail infrastructure deal could leave passengers worse off – The Independent

Posted June 8th, 2023 in competition, mergers, news, railways by tracey

‘The UK’s competition watchdog has provisionally ruled that Hitachi’s 1.7 billion euro (£1.36 billion) proposed purchase of Thales’s rail infrastructure could drive up prices and reduce service quality for passengers. The findings could lead to the merger being blocked.’

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The Independent, 8th June 2023


Crypto ads will need to carry risk warnings under new UK rules – The Guardian

Posted June 8th, 2023 in advertising, cryptocurrencies, financial regulation, news by tracey

‘Crypto firms must warn customers they should not expect protection if their investment goes wrong and introduce a “cooling off” period for first-time investors, under new rules imposed by the UK financial watchdog.’

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The Guardian, 8th June 2023


LGBT+: Metropolitan Police chief apologises to Peter Tatchell over past failings – BBC News

Posted June 8th, 2023 in homosexuality, London, news, police by tracey

‘The Metropolitan Police Commissioner, Sir Mark Rowley, has apologised to LGBT+ campaigner Peter Tatchell for the force’s homophobic failings.’

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BBC News, 8th June 2023


New Acts –

2023 c. 18 – Carer’s Leave Act 2023

2023 c. 17 – Protection from Redundancy (Pregnancy and Family Leave) Act 2023


Recent Statutory Instruments –

Posted June 8th, 2023 in legislation by tracey

SI 2023/593 – The Universal Credit (Childcare) (Amendment) Regulations 2023

SI 2023/603 – The Care Quality Commission (Fees) (Reviews and Performance Assessments: Integrated Care System) Regulations 2023

SI 2023/612 – The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2023

SI 2023/605 – The National Savings (Amendment) Regulations 2023


BAILII: Recent Decisions

Posted June 8th, 2023 in law reports by tracey

Supreme Court

London Borough of Merton Council v Nuffield Health [2023] UKSC 18 (07 June 2023)

Court of Appeal (Civil Division)

Archer v HM Revenue and Customs [2023] EWCA Civ 626 (07 June 2023)

Avondale Park Ltd v Miss Delaney’s Nursery Schools Ltd [2023] EWCA Civ 641 (07 June 2023)

Walton v Pickerings Solicitors & Anor [2023] EWCA Civ 602 (06 June 2023)

High Court (Administrative Court)

Campaign Against Arms Trade, R (On the Application Of) v Secretary of State for International Trade [2023] EWHC 1343 (Admin) (06 June 2023)

High Court (Chancery Division)

Northern Powerhouse Developments Ltd & Ors v Woodhouse [2023] EWHC 1331 (Ch) (06 June 2023)

MF Tel Sarl v Visa Europe Ltd [2023] EWHC 1336 (Ch) (05 June 2023)

Hikari Miso (UK) Ltd v Knibbs & Ors [2023] EWHC 1340 (Ch) (05 June 2023)

Harvey & Anor v Van Hoorn [2023] EWHC 1298 (Ch) (31 May 2023)

High Court (Commercial Court)

Horn & Ors v Knott & Ors [2023] EWHC 1351 (Comm) (07 June 2023)

Day v Forex Capital Markets Ltd [2023] EWHC 1349 (Comm) (07 June 2023)

Simpsons (Preston) Ltd & Anor v MS Amlin Underwriting Ltd [2023] EWHC 1370 (Comm) (07 June 2023)

High Court (King’s Bench Division)

ABC & Ors v Derbyshire County Council & Ors, Re Costs [2023] EWHC 1337 (KB) (06 June 2023)

Shally v Imperial College Healthcare NHS Trust [2023] EWHC 1304 (KB) (01 June 2023)