24/07/2023 – Current Awareness

‘Introduction: Within the intricate realm of immigration appeals, the appellant’s right to family life often emerges as a focal point. This article delves into a specific case study that elucidates the intricacies and challenges encountered when evaluating this fundamental human right within the context of an immigration appeal. The case revolves around an appellant, a Russian citizen, who seeks permission to remain in the United Kingdom (UK) as the spouse of a British citizen. Through a comprehensive analysis, this article aims to shed light on the pertinent factors and the delicate balance required in determining the appellant’s right to family life.’

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EIN Blog, 21st July 2023

Source: www.ein.org.uk

Unlawful eviction – section 27 residence and section 28 damages – Nearly Legal

Posted July 24th, 2023 in county courts, damages, estoppel, housing, news by tracey

‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential status of the claimant where she was, admittedly, absent from the property. There was also a claim in proprietary estoppel.’

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Nearly Legal, 23rd July 2023

Source: nearlylegal.co.uk

M&S decision brings embodied carbon impacts to fore in re-development v refurbishment debate – OUT-LAW.com

Posted July 24th, 2023 in climate change, environmental protection, news, planning by tracey

‘The recent decision in relation to Marks & Spencer’s flagship Oxford Street store highlights the increasing scrutiny being placed on the embodied carbon associated with re-development.’

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OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Appeal court clarifies Electronic Communications Code interpretation – OUT-LAW.com

Posted July 24th, 2023 in appeals, codes of practice, interpretation, news, telecommunications by tracey

‘A recent unanimous ruling of the Court of Appeal has reiterated the willingness of the courts of England and Wales to consider and apply the purpose of the Electronic Communications Code (the Code) when seeking to interpret provisions of the Code that lack clarity – to the benefit of both operators and infrastructure providers alike, experts have said.’

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OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by tracey

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Law firm’s “implausible” €1.4m claim against bank thrown out – Legal Futures

Posted July 24th, 2023 in banking, fees, law firms, news by tracey

‘The High Court has granted a leading bank summary judgment on an “inherently implausible” €1.4bn (£1.2bn) claim for an introduction fee brought by a US law firm.’

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Legal Futures, 24th July 2023

Source: www.legalfutures.co.uk

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

Posted July 24th, 2023 in case management, disclosure, fees, judicial review, Law Society, legal aid, lord chancellor, Ministry of Justice, news, solicitors by tracey

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

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Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

Abramovich ally begins high court challenge against UK sanctions – The Guardian

Posted July 24th, 2023 in government departments, human rights, news, proportionality, Russia, sanctions, Ukraine, war by tracey

‘Eugene Shvidler, a longtime ally of the billionaire Roman Abramovich, has accused the UK government of “oppressive treatment” as he launched a legal challenge against sanctions imposed upon him after Russia’s invasion of Ukraine.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

NHS trust accused of cover-up is refusing to release report into deaths – The Guardian

Posted July 24th, 2023 in bereavement, coroners, disclosure, families, freedom of information, hospitals, inquests, news, paramedics by tracey

‘An ambulance trust accused of hiding information from a coroner about patients that died is keeping a damning internal report about the deaths secret, the Guardian can reveal. A consultant paramedic implicated in the alleged cover-ups continues to be involved in decisions to keep the report from the public.’

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The Guardian, 24th July 2023

Source: www.theguardian.com

David Carrick: Wiltshire Police investigated over 2016 allegations – BBC News

Posted July 24th, 2023 in complaints, disciplinary procedures, news, police, professional conduct, rape, sexual offences by tracey

‘A police force is being investigated after concerns were raised about its handling of allegations made in 2016 about serial rapist officer, David Carrick.’

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BBC News, 23rd July 2023

Source: www.bbc.co.uk

Swindon resident fined for fly-tipping as council cracks down – BBC News

Posted July 24th, 2023 in fines, local government, news, waste by tracey

‘A person has been issued with a £400 fixed penalty notice (FPN) as a council cracks down on fly-tipping.’

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BBC News, 24th July 2023

Source: www.bbc.co.uk