Appeals against Housing Act 2004 decisions as a “rehearing” – Local Government Lawyer

Posted July 3rd, 2023 in appeals, fraud, housing, landlord & tenant, licensing, local government, news, reasons by tracey

‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Selective licensing offences and the level of civil penalties – Local Government Lawyer

Posted July 3rd, 2023 in fines, housing, landlord & tenant, licensing, local government, news by tracey

‘Simon Kiely and Francesca Gallagher examine useful Upper Tribunal guidance on the approach the First-Tier Tribunal should adopt when considering the level of civil penalties on appeal.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

New Acts – legislation.gov.uk

2023 c. 28 – Retained EU Law (Revocation and Reform) Act 2023

2023 c. 25 – Offenders (Day of Release from Detention) Act 2023

2023 c. 24 – Child Support Collection (Domestic Abuse) Act 2023

2023 c. 23 – Co-operatives, Mutuals and Friendly Societies Act 2023

2023 c. 22 – Shark Fins Act 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 3rd, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Denaxe Ltd v Cooper & Anor [2023] EWCA Civ 752 (30 June 2023)

EasyJet PLC v EasyJet European Works Council [2023] EWCA Civ 756 (30 June 2023)

Court of Appeal (Criminal Division)

Margiotta & Ors, R. v [2023] EWCA Crim 759 (30 June 2023)

High Court (Administrative Court)

Ali, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 1615 (Admin) (30 June 2023)

C G Fry & Son Ltd v Secretary of State for Levelling Up Housing and Communities & Anor [2023] EWHC 1622 (Admin) (30 June 2023)

Glint Pay Services Ltd, R (On the Application Of) v Commissioners for His Majesty’s Revenue & Customs [2023] EWHC 1621 (Admin) (30 June 2023)

High Court (Chancery Division)

Ventura Capital GP Ltd v DNANudge Ltd & Ors [2023] EWHC 1631 (Ch) (30 June 2023)

Levy & Partners Ltd v Barnett & Ors (Re C.C.T. Logistics Ltd and Insolvency Act 1986) [2023] EWHC 1548 (Ch) (30 June 2023)

Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection – Deputyship) [2023] EWHC 1568 (Ch) (30 June 2023)

High Court (Family Division)

Li v Simons [2023] EWHC 1626 (Fam) (30 June 2023)

High Court (King’s Bench Division)

Major v Kirishana [2023] EWHC 1593 (KB) (30 June 2023)

Source: www.bailii.org

New Judgment: R (on the application of Toraane and another) v Secretary of State for the Home Department [2023] UKSC 23 – UKSC Blog

‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’

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UKSC Blog, 28th June 2023

Source: ukscblog.com

Construction disputes and FIDIC: how the 1999 Red Book deals with disputes – OUT-LAW.com

Posted July 3rd, 2023 in arbitration, construction industry, contracts, dispute resolution, news by tracey

‘The 1999 FIDIC Red Book of standard form construction contracts introduced the dispute adjudication board (DAB) as part of a contract-specific tiered dispute resolution process.’

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OUT-LAW.com, 3rd July 2023

Source: www.pinsentmasons.com

Rhiannon Ogden-Jones: Legal Uncertainty and the Levelling-Up and Regeneration Bill 2023 – UK Constitutional Law Association

Posted July 3rd, 2023 in bills, constitutional law, local government, news, planning by tracey

‘The Levelling-Up and Regeneration Bill (“LURB”), currently before the House of Lords, aims to facilitate the government’s levelling-up agenda, which was set out in the ‘Levelling-Up the United Kingdom’ White Paper in 2022. At 222 clauses and 18 schedules, full consideration of the Bill (as amended in Committee, 24th May 2023) would require more than a blog post, but its legislative aims can be somewhat succinctly expressed. The Bill proposes a scheme of local government and planning reforms, each aimed at promoting regional growth and “levelling-up”. Part I sets out the scope of levelling-up, detailing the obligations of the government in determining a levelling-up agenda. Part II then proposes a series of reforms to local democracy, devolving governance powers further to county councils, and giving them greater control to determine regional projects. The theme of project infrastructure continues, with Parts III-V and VIII-IX of the Bill reforming planning law and establishing different support mechanisms for development, including an infrastructure levy and providing for development corporations. Alongside the planning provisions, Parts VI-VII reform Environmental Impact Assessments and Nutrient Pollution Standards, establishing a new framework for these environmental tests.’

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UK Constitutional Law Association, 28th June 2023

Source: ukconstitutionallaw.org

Josie Welsh: The Power of a (Lord) Chief Justice – UK Constitutional Law Association

Posted July 3rd, 2023 in constitutional law, diversity, judges, judiciary, news, women by tracey

‘From 1 October 2023, England and Wales will have its first female Lord Chief Justice (“LCJ”), with the recent news that His Majesty The King was “pleased to approve” Dame Sue Carr’s appointment to the office. Her appointment follows the announcement of the retirement of current Lord Chief Justice The Rt Hon. Lord Burnett at the end of September. In light of the news of change to England and Wales’ highest judicial office, questions will inevitably be asked about the role and its power within the judiciary and in the constitution as a whole. With this in mind, I want to make some initial observations about the role of the LCJ, noting that we may not necessarily understand the nature of LCJ power simply by reading relevant statutory provisions, since the power of the LCJ is partly a function of the role and partly of the character, personality and skills of the individual holding it. What this suggests is that the change in office-holder may prove to be more significant than it appears at first.’

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UK Constitutional Law Association, 3rd July 2023

Source: ukconstitutionallaw.org

Challenging CVAs as a creditor – Local Government Lawyer

‘Karen Morean and William O’Brien outline how creditor local authorities can challenge a company voluntary arrangement.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Demised property, the Occupiers Liability Act 1957 and PI claims – Local Government Lawyer

‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Alcohol: mandatory licensing conditions – House of Commons Library

Posted July 3rd, 2023 in licensed premises, licensing, news, parliament by tracey

‘This Briefing describes the mandatory licensing conditions that apply to the sale of alcohol in England and Wales.’

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House of Commons Library , 28th June 2023

Source: commonslibrary.parliament.uk

Lord Anderson publishes review of Investigatory Powers Act – Home Office

‘Lord Anderson has published his independent review of the Investigatory Powers Act 2016.’

Full report

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Home Office, 30th June 2023

Source: www.gov.uk

Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update – Courts and Tribunals Judiciary

Posted July 3rd, 2023 in cryptocurrencies, fraud, judges, Law Commission, news by tracey

‘Speech by HHJ Pelling KC: Issues in Crypto Currency Fraud Claims – an update.’

Full speech

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Courts and Tribunals Judiciary, 28th June 2023

Source: www.judiciary.uk

Interest on costs due on date of original £38m order, judge finds – Law Society’s Gazette

Posted July 3rd, 2023 in costs, interest, limitations, news, time limits by tracey

‘Interest on a £38 million costs order is due on the date of the original order and accrues from day to day thereafter, a judge has ruled followign a 10-year legal battle. The Honourable Mrs Justice Dias described the application before her in Deutsche Bank AG v Sebastian Holdings Inc as raising “a short but interesting point of statutory construction on which there is surprisingly no direct authority.”’

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Law Society's Gazette, 30th June 2023

Source: www.lawgazette.co.uk

England and Wales law on foxhunting unworkable, says police chief – The Guardian

Posted July 3rd, 2023 in animal cruelty, animals, hunting, news by tracey

‘England’s most senior police officer on foxhunting has said the law on the crime is not working because it permits trail hunts that have become a “smokescreen” for the continued illegal persecution of animals.’

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The Guardian, 29th June 2023

Source: www.theguardian.com

Backlog of adult rape cases in courts in England and Wales hits record high – The Guardian

‘The backlog of adult rape cases in crown courts in England and Wales has risen to almost four times the level it was in 2019.’

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The Guardian, 29th June 2023

Source: www.theguardian.com

Protests: Police powers to stop new tactics come into effect – BBC News

‘New measures aimed at curbing protest methods often used by environmental groups have come into effect.’

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BBC News, 2nd July 2023

Source: www.bbc.co.uk

What is conversion therapy and will it be banned? – The Independent

‘Five years have passed since the Government announced its intention to ban conversion therapies. Here is what has happened since.’

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The Independent, 3rd July 2023

Source: www.independent.co.uk

Coroner criticises Betfair for failing to act before man’s suicide – The Guardian

Posted July 3rd, 2023 in coroners, duty of care, gambling, mental health, news, suicide by tracey

‘A coroner has criticised a betting operator for failing to intervene over a high volume of bets made by a problem gambler before he took his own life, the first verdict of its kind.’

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The Guardian, 29th June 2023

Source: www.theguardian.com

Woman who lost job after tweeting view on biological sex awarded £100,000 – The Guardian

‘A researcher who lost her job at a thinktank after tweeting that transgender women could not change their biological sex has been awarded more than £100,000 in compensation by an employment tribunal.’

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The Guardian, 1st July 2023

Source: www.theguardian.com