‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’
Daily Telegraph, 16th May 2019
Source: www.telegraph.co.uk
‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’
The Guardian, 15th May 2019
Source: www.theguardian.com
‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’
Local Government Lawyer, 15th May 2019
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’
Local Government Lawyer, 16th May 2019
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’
UK Human Rights Blog, 15th May 2019
Source: ukhumanrightsblog.com
‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’
The Guardian, 15th May 2019
Source: www.theguardian.com
‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’
OUT-LAW.com, 15th May 2019
Source: www.out-law.com
‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’
Local Government Lawyer, 14th May 2019
Source: www.localgovernmentlawyer.co.uk
‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’
Law & Religion UK, 14th May 2019
Source: www.lawandreligionuk.com
‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’
Law Society's Gazette, 14th May 2019
Source: www.lawgazette.co.uk
‘A Court of Appeal ruling clarifies the meaning of “practical completion”, a common source of dispute between construction contractors and employers.’
OUT-LAW.com, 13th May 2019
Source: www.out-law.com
‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’
Zenith PI Blog, 9th May 2019
Source: zenithpi.wordpress.com
‘A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.’
Litigation Futures, 7th May 2019
Source: www.litigationfutures.com
‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’
BBC News, 7th May 2019
Source: www.bbc.co.uk
‘A police sergeant dismissed for repeatedly punching a suspect in the head while he was detained in custody has been reinstated.’
BBC News, 8th May 2019
Source: www.bbc.co.uk
‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’
Nearly Legal, 6th May 2019
Source: nearlylegal.co.uk
© Inner Temple Library 2019