Strike Out: seriousness of default and possibility of a fair trial require careful consideration – 3PB

‘The Claimant (herein after referred to as “C”) was employed by the Respondent (herein after referred to as “R”) as a caseworker from 4 August 2016 until her dismissal on 8 December 2016, with the grounds for dismissing her being ones of conduct and performance during her probationary period.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Council overturns allotment change-of-use ban at CoA – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that Kirklees Metropolitan Borough Council must keep an allotment site in use, in a ruling that Lord Justice Lewison called “very strange”.’

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Local Government Lawyer, 19th February 2020

Source: www.localgovernmentlawyer.co.uk

Points of dispute “must be precise and focused” – Litigation Futures

Posted February 21st, 2020 in appeals, costs, fees, law firms, news, solicitors by sally

‘Points of dispute (PoDs) in detailed assessments must help the parties and court “determine precisely what is in dispute and why”, the Court of Appeal has ruled.’

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Litigation Futures, 20th February 2020

Source: www.litigationfutures.com

New Judgment: Micula & Ors v Romania [2020] UKSC 5 – UKSC Blog

Posted February 21st, 2020 in appeals, arbitration, compensation, EC law, news, state aids, Supreme Court by sally

‘The appeals arose out of the attempted enforcement of an investment arbitration award in favour of the claimants against Romania in relation to investments made by the claimants in food production in Romania before the country acceded to the EU.’

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UKSC Blog, 19th February 2020

Source: ukscblog.com

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

The Overlooked – Nearly Legal

Posted February 20th, 2020 in appeals, news, nuisance, privacy by sally

‘This is the latest round of what is becoming the most heavily litigated stretch of air space in London, assorted leaseholders of Neo Bankside against the Tate Modern, over the overlooking of their flats (plate glass walls and all) from the viewing platform on the Tate Modern extension.’

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Nearly Legal, 19th February 2020

Source: nearlylegal.co.uk

Diplomatic immunity and leapfrog – 3PB

Posted February 20th, 2020 in appeals, diplomats, employment tribunals, immunity, news, Supreme Court by sally

‘The EAT has given permission to appeal directly to the Supreme Court for the first time, on the issue of scope of diplomatic immunity.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Court of Appeal provides guidance on “borough-wide” injunctions – No. 5 Chambers

‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’

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No. 5 Chambers, 12th February 2020

Source: www.no5.com

Has the test for whether or not an appeal should be allowed in respect of a case management decision, as laid down in O’Cathail v Transport for London, been impliedly overruled by R (Osborn) v Parole Board? No, says the EAT in Chowdhury v Marsh Farm Futures UKEAT/0473/18/DA – 3PB

‘Employment Tribunal judges have a wide discretion when making case management decisions, with it being rare for a challenge to such a decision being successful. The Court of Appeal in O’Cathail v Transport for London [2013] IRLR 310 have made it clear that tribunal decisions can only be questioned for error of law. The specific issue in that case was whether or not it was an error of law for a Tribunal to refuse a postponement application in circumstances in which a litigant in person had a fit note saying they were not fit to attend the hearing. The application was refused and the trial went ahead in his absence.’

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3PB, 7th February 2020

Source: www.3pb.co.uk

Fearn & Ors v The Board of Trustees of the Tate Gallery – Falcon Chambers

Posted February 19th, 2020 in appeals, chambers articles, housing, human rights, news, nuisance, privacy by sally

‘The Neo Bankside development is a striking modern development designed by Richard Rogers and Partners (now Rogers Stirk Harbour + Partners). It is on the south side of the River Thames and is adjacent to the Tate Modern, Britain’s National gallery of international modern art, which is based in the former Bankside Power Station.’

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Falcon Chambers, February 2020

Source: www.falcon-chambers.com

Ainsworth v Stewarts Law – the Court of Appeal gives guidance on solicitor/client costs disputes – Hardwicke Chambers

‘This decision is important for any professional involved in solicitor and client disputes. The judgment is another example of the senior courts being willing to uphold robust case management decisions of first instance judges. Here the court held that “the judge was entitled to take the course he did which was well within the ambit of the proper exercise of his discretion.”’

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Hardwicke Chambers, 19th February 2020

Source: hardwicke.co.uk

Planning Appeal Decision: Top 5 Lessons – No. 5 Chambers

Posted February 19th, 2020 in appeals, chambers articles, local government, news, planning by sally

‘The statistics are against allowed appeals at the moment. Positive decisions from PINS on housing appeals are down. Appeals are failing in particular on heritage related matters. It is therefore critical in my view to neutralise as many issues as early as possible. And to be clear about the real focus from the outset. This appeal had ‘a full house’ when it came to an array of concerns, and some were heard through a round-table forum, making it hard to test assertions, particularly from members of the public.’

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No. 5 Chambers, 17th February 2020

Source: www.no5.com

EAT Applies Jhuti Principles to Uddin v London Borough of Ealing – Old Square Chambers

‘Do the principles set down by the Supreme Court decision in the landmark decision in Royal Mail Group Ltd v Jhuti (in which Simon Gorton QC and Jack Mitchell acted for the Royal Mail) apply to the assessment of whether an employer acted reasonably in dismissing an employee for the purposes of s.98(4) Employment Rights Act 1996?’

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Old Square Chambers, 17th February 2020

Source: www.oldsquare.co.uk

The Second Appeals Test in Immigration Law – Richmond Chambers

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

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Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

Home Office to release information about detainees’ access to lawyers – The Guardian

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Actual Use, Lawful Use and Ancillary Use – when designating Assets of Community Value – Exchange Chambers

‘Towards the end of last year, the General Regulatory Chamber of the First-Tier Tribunal (‘FTT’) determined an appeal by the owner of a 46-acre greenfield site against the decision of the local authority, Winchester City Council, to list the land as an Asset of Community Value (‘ACV’).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

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BBC News, 14th February 2020

Source: www.bbc.co.uk

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com