Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by tracey

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Horizon scandal: Five short-changed postmasters to get full compensation – BBC News

‘A small group of former sub-postmasters whose convictions were overturned have finally been told they will receive full compensation.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

UK’s Rwanda bill ‘incompatible with human rights obligations’ – The Guardian

‘The UK government’s controversial Rwanda legislation that deems the African country as a safe place to deport people to is fundamentally incompatible with Britain’s human rights obligations and places it in breach of international law, according to a damning parliamentary report.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 12th, 2024 in legislation by tracey

SI 2024/136 – The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 12th, 2024 in law reports by tracey

Court of Appeal (Civil Division)

Disclosure and Barring Service v RI [2024] EWCA Civ 95 (09 February 2024)

Railways Pension Trustee Company Ltd v Atos IT Services UK Ltd & Anor [2024] EWCA Civ 98 (09 February 2024)

AstraZeneca UK Ltd v Tesaro Inc [2024] EWCA Civ 78 (09 February 2024)

High Court (Administrative Court)

AB & Anor, R (On the Application Of) v Westminster City Council [2024] EWHC 266 (Admin) (09 February 2024)

Quaye, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 211 (Admin) (09 February 2024)

TW, R (On the Application OF) v Essex County Council [2024] EWHC 264 (Admin) (09 February 2024)

Price & Anor v South Cambridgshire District Council [2024] EWHC 238 (Admin) (09 February 2024)

Montano, R (On the Application Of) v London Borough of Lambeth [2024] EWHC 249 (Admin) (08 February 2024)

Rumpler v Regional Court in Budapest, Hungary [2024] EWHC 258 (Admin) (08 February 2024)

High Court (Chancery Division)

Benjamin v Benjamin & Anor [2024] EWHC 215 (Ch) (09 February 2024)

Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) (09 February 2024)

Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch) (09 February 2024)

Link Fund Solutions Ltd, Re (Re Companies Act 2006) [2024] EWHC 250 (Ch) (09 February 2024)

Aston Risk Management Ltd v Jones & Ors (Quantum) [2024] EWHC 252 (Ch) (09 February 2024)

High Court (Commercial Court)

The Motoring Organisation Ltd v Spectrum Insurance Services Ltd [2024] EWHC 261 (Comm) (09 February 2024)

UnipolSai Assicurazioni SPA v Covea Insurance PLC [2024] EWHC 253 (Comm) (09 February 2024)

Granville Technology Group Ltd v Chunghwa Picture Tubes Ltd & Ors [2024] EWHC 13 (Comm) (08 February 2024)

Southeaster Maritime Ltd v Trafigura Maritime Logistics Pte Ltd MV “Aquafreedom” [2024] EWHC 255 (Comm) (08 February 2024)

Sodzawiczny v Smith (Re Arbitration Claim) [2024] EWHC 231 (Comm) (07 February 2024)

Mahtani & Ors v Atlas Mara Ltd & Ors [2024] EWHC 218 (Comm) (07 February 2024)

Al Saud v Gibbs [2024] EWHC 237 (Comm) (07 February 2024)

Tyson International Company Ltd v GIC RE, India, Corporate Member Ltd [2024] EWHC 236 (Comm) (07 February 2024)

High Court (Family Division) Decisions

T v G [2024] EWHC 246 (Fam) (09 February 2024)

High Court (King’s Bench Division)

Hibbert & Anor v Hall [2024] EWHC 227 (KB) (08 February 2024)

Source: www.bailii.org

UK court decision provides clarity on scope of litigation privilege – OUT-LAW.com

Posted February 12th, 2024 in appeals, disclosure, documents, fraud, legal profession, news, privilege by tracey

‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’

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OUT-LAW.com, 8th February 2024

Source: www.pinsentmasons.com

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Sufficiently serious breach? – Local Government Lawyer

Posted February 12th, 2024 in appeals, local government, news, public procurement by tracey

‘Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

New protest laws on face coverings and pyrotechnics – Home Office

‘Police will be given powers to arrest protesters who wear face coverings to threaten others and avoid prosecution, and pyrotechnics will be banned at protests.’

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Home Office, 8th February 2024

Source: www.gov.uk

Man who commented online “Britain needs 650 Thomas Mairs” sentenced for posting extremist content – Crown Prosecution Service

‘A far-right extremist who posted offensive content on social media and glorified the murderer of Jo Cox MP has been jailed for two years and eight months.’

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Crown Prosecution Service, 9th February 2024

Source: www.cps.gov.uk

News focus: Generative AI – law students call for guidance – Law Society’s Gazette

Posted February 12th, 2024 in artificial intelligence, codes of practice, Law Society, legal education, news by tracey

‘Law students and academics need guidance on how to discern whether AI applications “pass the smell test”. A roundtable in Leeds heard that a “massive education programme” is needed.’

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Law Society's Gazette, 12th February 2024

Source: www.lawgazette.co.uk

Detention at Her Majesty’s Pleasure incompatible with young murderers’ human rights – Law Society’s Gazette

‘High Court judges have ruled that to keep a young offender convicted of murder detained indefinitely is incompatible with certain rights under the European Convention on Human Rights.’

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Law Society's Gazette, 12th February 2024

Source: www.lawgazette.co.uk

English test scandal: students renew fight to clear names after 10 years – The Guardian

‘International students accused of cheating at English-language tests are planning a fresh push to clear their names 10 years on, with thousands thought to have been victims of a gross miscarriage of justice.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

British boys more at risk of modern slavery than any other group in UK, says study – The Guardian

‘Almost half of the victims of criminal exploitation in the UK are British boys aged under 18, according to a report calling for new laws to acknowledge them as ­victims of modern slavery.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Criminals gaming the justice system as cases jammed for years in court backlog – The Independent

Posted February 12th, 2024 in courts, criminal justice, delay, Ministry of Justice, news, statistics by tracey

‘Criminals are gaming the system by pleading not guilty and relying on crippling trial delays to evade justice, The Independent has been told. Laying bare the extent of the crisis in the courts, figures obtained by this publication suggest the number of cases waiting more than three years for a verdict has skyrocketed at least sevenfold since 2019 to exceed 1,280 last June.’

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The Independent, 11th February 2024

Source: www.independent.co.uk

Water bosses in England and Wales face bonus bans for illegal sewage discharges – The Guardian

‘Ministers are to ban bonuses for water company bosses in England and Wales who fail to prevent illegal sewage spills that pollute rivers, lakes and seas.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

Premier League may face legal action from club over third-party rules – The Guardian

Posted February 9th, 2024 in financial regulation, news, sport, third parties by michael

‘The Premier League may face a new legal challenge from one of its own clubs after approving new rules that would limit the ability of teams to buy players or strike sponsorship deals with parties related to their ownership.’

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The Guardian, 9th February 2024

Source: www.theguardian.com

Simone Halep: Former Wimbledon champion confident of tennis return after appeal against doping ban – BBC News

Posted February 9th, 2024 in appeals, disciplinary procedures, drug offences, news, sport by michael

‘Former world number one Simona Halep says she is confident of a return to tennis after her appeal against a four-year doping ban was heard by the Court of Arbitration for Sport (Cas).’

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BBC News, 9th February 2024

Source: www.bbc.co.uk