‘A comedian who has appeared on Channel 4’s 8 Out of 10 Cats Does Countdown has been sentenced after being found with more than 35,000 indecent images of children.’
The Guardian, 17th August 2023
Source: www.theguardian.com
‘In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal owing to the fact that UTJ McWilliam “failed properly” to consider the factors relevant to WAS’s commitment to the notorious person of Altaf Hussain (founder of the Muttahida Qaumi Movement or “MQM”) and the effect on risk to him from the Pakistani authorities applying the historic judgment in HJ (Iran) v SSHD [2010] UKSC 31. The appeal was also allowed on the basis that the UT’s findings were contrary to the FTT’s preserved findings and contrary to the UT’s own conclusions. WAS entered the UK in June 2012 as student. In December 2015 he made an application for further leave to remain (as the spouse of a British citizen) which was refused in 2016. He then made a protection claim in October 2017 on the basis of his actual or perceived political opinion. He said that he was a member of the MQM, an opposition movement in Pakistan. The protection claim was refused in April 2018. The FTT dismissed his appeal in June 2018 and found that he was an active member of MQM in Pakistan for about 3 years from 2009 to 2012 and that his father is an active supporter of MQM. The FTT said that his credibility was damaged by the fact that he had not claimed asylum until October 2017 in circumstances where his political affiliations had not changed.’
EIN Blog, 17th August 2023
Source: www.ein.org.uk
‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’
Legal Futures, 18th August 2023
Source: www.legalfutures.co.uk
‘Medical neglect and “gross failures” by a mental health trust contributed to the suicide of a 12-year-old girl in a case that has highlighted national concerns about underfunding, a coroner has ruled.’
The Guardian, 17th August 2023
Source: www.theguardian.com
‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’
Henderson Chambers, 27th July 2023
Source: www.hendersonchambers.co.uk
‘This case concerned Ms Whiting, who had a history of spinal conditions, mental health problems, and suicidal ideation. In September 2016, Ms Whiting needed a reassessment for her ESA benefit allowance. She requested a home visit due to her mobility problems and anxiety. The DWP failed to action this, and required her to attend an appointment in person. Ms Whiting was unable to do so, at that time being housebound with pneumonia.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The Metropolitan police has won its battle to stop attending most of the mental health calls it receives after a tense behind-the-scenes row with the health service, the Guardian has learned.’
The Guardian, 17th August 2023
Source: www.theguardian.com
‘The Housing Ombudsman has found severe maladministration from Stoke-on-Trent City Council for a lack of stage one complaint response on two separate occasions, which left a resident and her two vulnerable children in a home with damp and mould.’
Local Government Lawyer, 15th August 2023
Source: www.localgovernmentlawyer.co.uk
‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’
Pensions Barrister, August 2023
Source: www.pensionsbarrister.com
‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’
Ropewalk Chambers, 28th July 2023
Source: ropewalk.co.uk
‘The Court of Appeal has granted a disability rights campaigner permission to appeal in her ongoing legal challenge against the Secretary of State for Transport regarding guidance on the use of tactile paving.’
Local Government Lawyer, 15th August 2023
Source: www.localgovernmentlawyer.co.uk
‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’
4-5 Gray's Inn Square, 27th July 2023
Source: www.4-5.co.uk
‘New UK sustainability corporate disclosure standards are expected to be endorsed by the UK government by July 2024.’
OUT-LAW.com, 16th August 2023
Source: www.pinsentmasons.com
‘Critical language used to blame lawyers for thwarting immigration policy dates back to Boris Johnson era.’
The Guardian, 16th August 2023
Source: www.theguardian.com
‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’
Essex CAJI, 16th August 2023
Source: essexcaji.org
‘More than a quarter (27%) of complaints made to the Legal Ombudsman (LeO) are outside the new time limits introduced at the beginning of April, it has emerged.’
Legal Futures, 16th August 2023
Source: www.legalfutures.co.uk
‘A man who subjected a young girl to a three-year “campaign of rape” has been jailed for over 19 years.’
BBC News, 15th August 2023
Source: www.bbc.co.uk
‘Police and prosecutors in the Andrew Malkinson case knew there was another man’s DNA on the victim’s clothes in 2007 – three years after he was wrongly convicted of rape – but he remained in prison for another 13 years.’
The Guardian, 15th August 2023
Source: www.theguardian.com
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