New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Wrongly convicted Post Office workers to get up to £100,000 interim payouts – The Guardian

‘Post Office workers who have had their convictions for theft, fraud and false accounting – the result of computing errors – quashed will each get an interim compensation payment of up to £100,000 the government has said.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

Supreme Court dismisses solitary confinement appeal – UK Human Rights Blog

‘The Supreme Court has unanimously dismissed an appeal which considered whether treatment throughout a 55 day period in solitary confinement of a then 15-year-old appellant in Feltham Young Offenders’ Institution constituted a violation of Article 3 of the European Convention on Human Rights.’

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UK Human Rights Blog, 22nd July 2021

Source: ukhumanrightsblog.com

The Judicial Review Bill Poses Amendments Which Could Harm Migrants and the Marginalised- Each Other

Posted July 22nd, 2021 in amendments, appeals, asylum, bills, immigration, judicial review, news by sally

‘The Judicial Review and Courts Bill, to be published on Wednesday 21 July, could impinge on individuals’ rights to challenge public bodies.’

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Each Other, 21st July 2021

Source: eachother.org.uk

Appeal court quashes 12 more convictions in Post Office IT scandal – The Guardian

Posted July 20th, 2021 in appeals, computer programs, false accounting, fraud, news, postal service by sally

‘The court of appeal has cleared 12 more former post office operators who were wrongly convicted of offences because of the Post Office’s defective Horizon IT system.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Gay rugby player wins five-year battle against deportation to Kenya – The Guardian

‘A gay rugby player is celebrating after winning a five-year battle against deportation to Kenya, where he feared he would be persecuted because of his sexuality.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Post Office Horizon scandal: More subpostmasters cleared – BBC News

‘The Court of Appeal has cleared 12 more former subpostmasters who were wrongly convicted of offences during the Post Office Horizon scandal.’

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BBC News, 19th July 2021

Source: www.bbc.co.uk

DWP admits wrongly putting pressure on disabled people to accept low benefit offers – The Independent

‘The government has admitted it put disabled benefit claimants under pressure to accept lower welfare support than they were legally entitled to.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by tracey

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Murder cases reopened in wake of Sally Challen appeal – The Guardian

‘A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.’

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The Guardian, 10th July 2021

Source: www.theguardian.com

Child sex offender loses appeal based on inadequate legal advice – Legal Futures

Posted July 8th, 2021 in appeals, child abuse, children, guilty pleas, internet, news, police, sexual offences by sally

‘The Court of Appeal has rejected the claim that a man convicted of a sexual offence after a police officer posed online as a child was given inadequate legal advice.’

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Legal Futures, 8th July 2021

Source: www.legalfutures.co.uk

Social Worker awarded damages in Strasbourg for unfair accusations of professional misconduct – UK Human Rights Blog

‘The United Kingdom has been ordered by the European Court of Human Rights to pay damages and legal costs to a social worker who was unfairly accused of professional misconduct by a Family Court judge.’

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UK Human Rights Blog, 7th July 2021

Source: ukhumanrightsblog.com

Three members of Stockwell Six cleared after nearly 50 years – The Guardian

‘Three innocent black men who were jailed nearly 50 years ago over a corrupt police officer’s claims they tried to rob him have had their convictions overturned by the court of appeal.’

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The Guardian, 6th July 2021

Source: www.theguardian.com

“Powerful reasons” doctrine is no longer good law – EIN Blog

‘As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose parents had no entitlement to leave to remain in the UK applied for leave to remain pursuant to paragraph 276ADE(1)(iv) of the Immigration Rules on the basis that they had seven years’ continuous residence and it would not be reasonable to expect them to leave, the starting point is that it would be reasonable to expect them to leave with their parents. Overstayers “NA” and “SB” were a married couple and were Bangladeshi nationals whose children “YS” and “YA” were born in the UK. The family appealed against a decision of the Upper Tribunal upholding the SSHD’s refusal of their application for leave to remain in the UK. In April 2018 the family applied for leave to remain. YS had made his claim under paragraph 276ADE(1)(iv) on the basis that he had lived continuously in the UK for at least seven years and it would not be reasonable to expect him to leave. His parents and brother had no entitlement to remain under the rules but contended that their removal would interfere with their rights pursuant to article 8 of the ECHR. The decision-maker refused all four applications. In May 2019, FTTJ Bart-Smith dismissed the appeals and UTJ Stephen Smith subsequently found an error of law in the FTT’s decision but re-made it by again dismissing the appeal in November 2019.’

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EIN Blog, 6th July 2021

Source: www.ein.org.uk

Court of Appeal makes no order for costs after allowing appeal by mother against Court of Protection order discharging her as party to proceedings – Local Government Lawyer

‘The Court of Appeal has made no order for costs in a case where it allowed a mother’s appeal against an order made in the Court of Protection discharging her as a party to proceedings concerning her highly vulnerable 19-year-old daughter.’

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Local Government Lawyer, 5th July 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear next week key case on capacity to have sexual relations – Local Government Lawyer

‘The Supreme Court will next week (15 July) hear a case over whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 5th June 2021

Source: www.localgovernmentlawyer.co.uk

Four out of five rejected trafficking claims were overturned in UK last year – The Guardian

Posted July 5th, 2021 in appeals, immigration, news, trafficking in human beings by tracey

‘Four out of five rejected human trafficking claims challenged in the UK last year were overturned, according to newly obtained figures that have raised concerns that poor decision-making is putting lives at risk.’

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The Guardian, 2nd July 2021

Source: www.theguardian.com

Forstater v CGD Europe: when is a belief worthy of respect in a democratic society? – Parklane Plowden Chambers

‘Choudhry J’s judgment in Maya Forstater v CGD Europe is well-reasoned and clear, and repays reading in full for anyone interested in the difficult interplay between the rights of those with conflicting protected characteristics.’

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Parklane Plowden Chambers, 29th June 2021

Source: www.parklaneplowden.co.uk

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

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Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk