Tribunal orders council to disclose instructions sent to QC over motion for ‘call-in’ of planning applications – Local Government Lawyer

Posted November 4th, 2019 in disclosure, freedom of information, news, planning, privilege by sally

‘The First-tier Tribunal has ordered Ryedale District Council to disclose the briefing question it sent to a Queen’s Counsel seeking advice on a motion in which councillors sought for competing retail planning applications to be ‘called in’.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Parents take legal action over pupils labelled as truants – The Guardian

Posted November 4th, 2019 in fines, mental health, news, prosecutions, school children, truancy by sally

‘Families with children who are labelled “school refusers” are planning to take legal action against the government to challenge rules on truancy that allow them to be fined and prosecuted.’

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The Guardian, 3rd November 2019

Source: www.theguardian.com

Meeting income needs from capital – Law Society’s Gazette

Posted November 4th, 2019 in divorce, financial provision, news, remuneration by sally

‘Two of the most recent issues which have been considered by the Family Court are as follows:

Whether an earning capacity is a matrimonial asset to which the sharing principle applies; and

In a sharing case, to what extent is it fair that a wife is required to use her share of capital to meet her income needs, whereas the husband will meet his income needs from future income?’

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Law Society's Gazette, 4th November 2019

Source: www.lawgazette.co.uk

Councils unable to enforce against unlicensed taxi/PHV drivers because of outdated laws, LGA warns – Local Government Lawyer

Posted November 4th, 2019 in licensing, local government, news, taxis by sally

‘Outdated legislation and new technology have meant that councils are unable to take enforcement action against the rising number of unlicensed drivers operating in their area, the Local Government Association has warned.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

Man who raped woman then stole her phone jailed for 15 years – The Independent

Posted November 4th, 2019 in burglary, news, offensive weapons, rape, sentencing by sally

‘A man who raped a woman at knifepoint before stealing her phone, has been sentenced to 15 years in prison.’

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The Independent, 3rd November 2019

Source: www.independent.co.uk

Court users with limited access to technology at risk of being left behind by court modernisation programme: MPs – Local Government Lawyer

‘Court users with limited access to computers, poor literacy or limited understanding of how the law works could be disadvantaged and potentially left going through a case with no legal advice as a result of the courts and tribunals modernisation programme, MPs have said.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

High court to hear crowdfunded challenge to ‘begging fines’ – The Guardian

‘A landmark high court case will determine whether fines for begging, loitering and leaving bedding in doorways unfairly targets homeless people, after a fundraising campaign for legal costs reached its target.’

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The Guardian, 4th November 2019

Source: www.theguardian.com

Blood inquiry judge: ‘Many left in grinding hardship’ – BBC News

Posted November 4th, 2019 in blood products, inquiries, news by sally

‘All those affected by the contaminated blood scandal should receive the same financial support, no matter where they live in the UK, says the judge in charge of the inquiry.’

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BBC News, 1st November 2019

Source: www.bbc.co.uk

Children in handcuffs: a month reporting from youth court – The Guardian

Posted November 4th, 2019 in children, news, young offenders, youth courts by sally

‘The Guardian goes inside one of England’s busiest youth courts, where every day the fate of some of the most vulnerable children in society is decided.’

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The Guardian, 3rd November 2019

Source: www.theguardian.com

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’

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Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

Former Royal Ballet star who sexually abused girls he taught in private lessons is jailed for 10 years – Daily Telegraph

Posted November 4th, 2019 in child abuse, guilty pleas, news, sentencing, sexual offences by sally

‘A former Royal Ballet star who sexually abused three young girls he taught in private dance lessons has been jailed for 10 years.’

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Daily Telegraph, 1st November 2019

Source: www.telegraph.co.uk

‘I was told women couldn’t survive as barristers’ – BBC News

Posted November 4th, 2019 in barristers, diversity, equality, judges, judiciary, news, women by sally

‘Two senior judges have spoken about the challenges they have faced in the justice system.’

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BBC News, 4th November 2019

Source: www.bbc.co.uk

How do youth courts in England and Wales function? – The Guardian

‘There are differences in how children are prosecuted, who hears cases and punishments.’

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The Guardian, 3rd November 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted November 1st, 2019 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Chancery Division)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Domestic Abuse Bill Falls Ahead Of General Election – Rights Info

‘A landmark bill seeking to “transform” the UK’s response to the “terrible crime” of domestic abuse has fallen as Parliament prepares to dissolve ahead of the snap general election on 12 December.’

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Rights Info, 1st November 2019

Source: rightsinfo.org

New Judgment : Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 – UKSC Blog

Posted November 1st, 2019 in appeals, consent, housing, landlord & tenant, news, planning, Supreme Court by sally

‘This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Social care support and persons subject to immigration control – Local Government Lawyer

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

5G – a new problem for consistory courts? – Law & Religion UK

‘On 12 October, The Times carried the headline Councils block 5G as scare stories spread, and commented “[c]onspiracy theorists spreading health scares about the 5G mobile network are pressuring local authorities to ban the technology from their towns. A number of Councils including Totnes in Devon, Glastonbury, Frome and Shepton Mallet, have imposed a ban on 5G installations, until they were satisfied that it was safe”. The issue is yet to be raised in the consistory courts, but in view of the Church of England’s recent encouragement for the introduction of this technology in churches, this is a timely point at which to consider the issues this raises.’

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Law & Religion UK, 1st November 2019

Source: www.lawandreligionuk.com

Court rejects debtor’s challenge to the validity of assignment of debt (Nicoll v Promontoria (Ram 2) Ltd) – Littleton Chambers

Posted November 1st, 2019 in assignment, debts, insolvency, loans, news by sally

‘Restructuring & Insolvency analysis: James Bickford Smith, barrister at Littleton Chambers, examines the High Court’s decision in Nicoll v Promontoria (Ram 2) Ltd that the appellant debtor’s challenge to the validity of an assignment of his debt to the respondent should not have been entertained by the judge below because although the appellant had sought to put the effectiveness of the assignment in issue in his first witness statement, the point that he took was entirely different from that which he took before the judge.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com

EPA prosecutions and costs – Nearly Legal

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk