Dispute over empty properties and £10m+ in business rates to go to Supreme Court – Local Government Lawyer

Posted December 9th, 2019 in appeals, interpretation, leases, local government, news, rates, Supreme Court by sally

‘The Supreme Court has agreed to hear a dispute over empty commercial properties and whether councils are owed more than £10m in business rates arrears.’

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Local Government Lawyer, 6th December 2019

Source: www.localgovernmentlawyer.co.uk

School launches legal proceedings after receiving ‘inadequate’ rating from Ofsted – Local Government Lawyer

Posted December 6th, 2019 in appeals, education, news, standards by sally

‘A school in Trafford has issued a legal challenge to regulator Ofsted in a bid to overturn being rated as ‘inadequate’.’

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Local Government Lawyer, 15th December 2019

Source: www.localgovernmentlawyer.co.uk

Sally Challen case: ‘Mum killed Dad but we get to be happy again at Xmas’ – BBC News

Posted December 6th, 2019 in appeals, coercive & controlling behaviour, domestic violence, murder, news by sally

‘Sally was originally found guilty of murder but successfully appealed against her conviction.’

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BBC News, 6th December 2019

Source: www.bbc.co.uk

Court of Appeal rules as academic proceedings on discretionary housing payments and contributions – Local Government Lawyer

Posted December 5th, 2019 in appeals, benefits, housing, judicial review, local government, news by sally

‘The Court of Appeal had dismissed as academic a case brought against the London Borough of Islington over its discretionary housing payments (DHP) policy and a requirement for a claimant to make a contribution to a shortfall in rent.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Adam Perry: Enforcing Principles, Enforcing Conventions – UK Constitutional Law Association

‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’

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UK Constitutional Law Association, 3rd December 2019

Source: ukconstitutionallaw.org

Councils Appeal High Court Ruling On Traveller Ban – Rights Info

‘The Court of Appeal has heard a landmark case which could have wide-ranging implications on whether local authorities can use injunctions to place a blanket ban on Travellers camping on public land.’

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Rights Info, 4th December 2019

Source: rightsinfo.org

Farieissia Martin to appeal against murder conviction – BBC News

Posted December 4th, 2019 in appeals, domestic violence, murder, news by tracey

‘A woman serving a life sentence for stabbing her ex-partner to death has won the first stage of a bid to overturn her murder conviction.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Court of Appeal to hear bid for gender-neutral passports – BBC News

Posted December 3rd, 2019 in appeals, gender, human rights, news, passports, sex discrimination by tracey

‘A campaigner who wants the government to provide gender-neutral passports will have their case heard at the Court of Appeal later.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Welsh council defeats appeal by dog breeder over refusal to renew licence – Local Government Lawyer

Posted December 2nd, 2019 in appeals, dogs, licensing, local government, news, Wales by sally

‘A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Women appeal against murder convictions after Sally Challen case – The Guardian

Posted December 2nd, 2019 in appeals, domestic violence, murder, news by sally

‘Two women who killed their partners will appeal their convictions this month, in the first cases of their kind to be heard since Sally Challen successfully challenged her murder conviction on the grounds of having suffered years of domestic abuse.’

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The Guardian, 30th November 2019

Source: www.theguardian.com

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Supreme Court delivers Judgment in Thomas Arthur Watkins (Respondent) v Hugh James Ford Simey Solicitors (Appellant) [2019] UKSC 54 on appeal from [2018] EWCA Civ 1299 – Parklane Plowden Chambers

‘The Supreme Court has delivered another significant Judgment arising from the handling of the VWF litigation against British Coal.’

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Parklane Plowden Chambers, 20th November 2019

Source: www.parklaneplowden.co.uk

Home Office unlawfully imprisoned asylum seekers, supreme court rules – The Guardian

‘The Home Office “falsely imprisoned” many asylum seekers who are now entitled to damages for their loss of liberty at the hands of the government, five supreme court judges have ruled.’

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The Guardian, 27th November 2019

Source: www.theguardian.com

“Reasonable” for LiP not to understand obligations – Litigation Futures

Posted November 27th, 2019 in appeals, costs, HM Revenue & Customs, litigants in person, news, tribunals by sally

‘Litigants in person (LiPs) who “do little to promote their cases until they are absolutely forced to” and do not “understand, let alone research” their obligations can still be regarded as acting reasonably, the First-tier Tribunal (FTT) has ruled.’

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Litigation Futures, 27th November 2019

Source: www.litigationfutures.com

Suitability when? Review and decision dates – Nearly Legal

Posted November 27th, 2019 in appeals, families, homelessness, housing, local government, news by sally

‘The Court of Appeal on section 202 Housing Act 1996 reviews of suitability and what facts should be relevant at the time of review.’

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Nearly Legal, 26th November 2019

Source: nearlylegal.co.uk

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Case Comment: Edwards on behalf of the Estate of the late Thomas Arthur Watkins v Hugh James Ford Simey Solicitors [2019] UKSC 54 – UKSC Blog

‘In a unanimous judgment, the Supreme Court has dismissed an appeal by a firm of solicitors in relation to a professional negligence claim concerning alleged under-settlement of a coal miner’s personal injury claim in 2003. The Supreme Court found that, since medical evidence of the nature subsequently obtained in the context of the professional negligence claim would not have been obtained in 2003, it should not be admissible when assessing the extent of the Claimant’s loss in the professional negligence claim. In reaching its decision, and unlike the Court of Appeal, it did not give its general views on the admissibility of evidence that would not have been available at the time of the original underlying claim.’

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UKSC Blog, 26th November 2019

Source: ukscblog.com

Home Office concedes unlawful imposition of study restriction as a bail condition on individuals who are ‘appeals rights exhausted’ – Garden Court Chambers

Posted November 26th, 2019 in appeals, asylum, bail, education, news by sally

‘On 20 November 2019, the Home Office conceded in the settlement of two claims for judicial review that it had acted unlawfully in imposing a study restriction as a condition of bail on two individuals simply because they had failed in their initial asylum claims and exhausted their appeal rights. The concession has come less than a week before the substantive hearing due to be held on 26 November 2019.’

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Garden Court Chambers, 21st November 2019

Source: www.gardencourtchambers.co.uk

An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog

Posted November 22nd, 2019 in appeals, contracts, judgments, news, sale of land by tracey

‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’

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Practical Law: Construction Blog, 22nd November 2019

Source: constructionblog.practicallaw.com

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

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OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com