‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’
Gatehouse Chambers, 26th July 2024
Source: gatehouselaw.co.uk
‘In Dean v Information Commissioner, the First-tier Tribunal (General Regulatory Chamber) considered whether photographs belonging to the planning applicant, which allegedly showed planning notice being displayed, could be disclosed to the public. The judgment is notable, not least for its opening line from The Hitchhiker’s Guide to the Galaxy (more on this in the conclusion), but also for the tribunal’s consideration of the interaction between data protection legislation and the Aarhus Convention in respect of the right to public participation in the planning process. The decision also contains strong criticisms of the Council’s failure to implement planning law adequately.’
Landmark Chambers, 17th July 2024
Source: landmarkchambers.co.uk
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
‘This article explores the personalisation of homelessness services in the context of the Homelessness Reduction Act 2017. This ambitious piece of legislative reform introduced requirements on local housing authorities in England to assess an individual’s circumstances and develop personalised housing plans for people experiencing homelessness (s.3 HRA 2017, inserting s.189A Housing Act 1996). This article analyses research data (including 26 interviews) collected in 2018–2019 from ethnographic studies completed in two local authorities in the Midlands, across a period of four months in each site. Exploring the implementation of personalised housing plans in practice, this article investigates barriers to the application of the personalisation narrative, finding it operates as a tool of neoliberal governance rather than one of social justice. It asserts that if personalisation has the potential for more satisfactory and sustainable outcomes in preventing and relieving homelessness, then the inability for this narrative to manifest suggests the goal of the HRA 2017 in “reducing homelessness” is being hampered.’
Journal of Social Welfare and Family Law, 27th July 2024
Source: www.tandfonline.com
‘A rioter who punched a police officer in the face during violent unrest in Southport has been jailed for three years, in the longest prison sentence so far over the far-right disorder in England and Northern Ireland.’
The Guardian, 7th August 2024
Source: www.theguardian.com
‘The Upper Tribunal (Lands Chamber) has been asked to decide whether a local authority should serve an improvement notice on the owner of a house in multiple occupation if there is doubt about whether a hazard exists.’
Local Government Lawyer, 7th August 2024
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal held in this case that FTTJ Beg’s persistent questioning of an immigration appellant, Mr Tareque Hossain, a Bangladeshi national, who had been found to have fraudulently obtained an English language competence test did not indicate that she had “descended into the arena” such as to adversely affect her evaluation of the evidence. FTTJ Beg’s questions concerned matters that fell within the areas previously covered by the evidence and were clearly directed to the central issue of whether Mr Tareque Hossain had undertaken the test. There was no evidence that she was unable to consider the evidence objectively. It was fairer that she asked questions about the matters going to the central factual issue rather than leave her concerns unaddressed, and without giving Mr Hossain and his witnesses an opportunity to deal with them. Mr Tareque Hossain had appealed against a decision upholding the refusal of his application for leave to remain in the UK. He entered the UK on a student visa but his leave to remain was curtailed on the basis that he had relied on an English language test (“TOEIC”) which was fraudulently obtained from the Educational Testing Service (“ETS”). He could not appeal and did not challenge that finding by way of judicial review but claimed asylum (later withdrawn) and made a series of applications the last of which was a further application for leave to remain on the basis of his family and private life made on 21 October 2020. His application was refused on the basis that his TOEIC exam involved cheating.’
EIN Blog, 6th August 2024
Source: www.ein.org.uk
‘The Family Drug and Alcohol Court (FDAC) could save local authorities almost £10,000 per case in legal costs compared to standard care proceedings, according to a financial analysis carried out by the Centre for Justice Innovation.’
Local Government Lawyer, 5th August 2024
Source: www.localgovernmentlawyer.co.uk
‘A logistics company has been fined £1m after an employee fell 36ft (11 metres) on to a concrete floor.’
BBC News, 6th August 2024
Source: www.bbc.co.uk
‘The Competition Appeal Tribunal (CAT) has made an overseas funder’s compliance with key parts of the Association of Litigation Funders’ code of conduct a condition of granting a collective proceedings order.’
Legal Futures, 7th August 2024
Source: www.legalfutures.co.uk
‘An Instagram post by Gemma Collins in which she promoted wearing a headset to fight depression instead of seeking professional medical advice and treatment has been banned by the UK advertising watchdog.’
The Guardian, 7th August 2024
Source: www.theguardian.com
‘Last month, King Charles III opened the first session of the new parliament by outlining the Labour government’s priorities. Among these was the much-anticipated draft Audit Reform and Corporate Governance Bill. It has been six years since Sir John Kingman delivered his independent review of the Financial Reporting Council (FRC), and the call for robust audit reform has remained strong.’
Kingsley Napley Corporate and Commercial Law Blog, 5th August 2024
Source: www.kingsleynapley.co.uk
‘Immigration lawyers have been warned to take extra security measures or stay away from work amid far-right threats to target their firms, with legal groups blaming political attacks on the profession for fuelling abuse.’
The Guardian, 6th August 2024
Source: www.theguardian.com
‘A man has been sentenced to life imprisonment after he was found guilty of murdering his mother in her Plymouth home.’
BBC News, 6th August 2024
Source: www.bbc.co.uk
‘The Government has today (6 August) announced it will repeal the Strikes Act 2023, claiming that the measures “unduly restrict workers’ rights” and “undermine good industrial relations”.’
Local Government Lawyer, 6th August 2024
Source: www.localgovernmentlawyer.co.uk
‘Energy is key to our climate goals, our economy and our everyday lives: from the electricity that is now powering your laptop, the stove that cooks your food, to the energy used by the factory that has produced your shoes. Energy prices in the UK rose dramatically between 2021 and 2023, increasing the strain on household-level and public costs.’
King's Law Journal, 28th July 2024
Source: www.tandfonline.com
‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’
Gatehouse Chambers, 4th July 2024
Source: gatehouselaw.co.uk
‘Outlines the main drivers of homelessness and summarises the UK Government’s approach to tackling homelessness in England, including stakeholder views and comment.’
House of Commons Library, 30th July 2024
Source: commonslibrary.parliament.uk
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