Report recommends improvements to English planning appeals – OUT-LAW.com

Posted February 15th, 2019 in appeals, case management, delay, inquiries, local government, news, planning by sally

‘An independent review of the planning appeal process in England and Wales has made 22 recommendations, aimed at halving the time taken for an appeal by June 2020.’

Full Story

OUT-LAW.com, 14th February 2019

Source: www.out-law.com

Court of Appeal reinforces strict six-week planning challenge time limit – OUT-LAW.com

Posted February 14th, 2019 in appeals, limitations, news, planning, time limits by sally

‘The Court of Appeal has refused to extend the six-week statutory time limit for challenging a planning inspector’s decision, in a case where the individual had been prevented from filing on the day of the deadline.’

Full Story

OUT-LAW.com, 12th February 2019

Source: www.out-law.com

SDT: Solicitor “terrified” by Court of Appeal was incompetent – Legal Futures

Posted February 14th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘A criminal law solicitor who described himself as “absolutely terrified” by a Court of Appeal appearance was incompetent but not dishonest, the Solicitors Disciplinary Tribunal (SDT) has concluded.’

Full Story

Legal Futures, 13th February 2019

Source: www.legalfutures.co.uk

Uncontested flight delay claims “not litigation”, CA rules – Litigation Futures

Posted February 13th, 2019 in airlines, appeals, compensation, costs, delay, news, statistics, Supreme Court by sally

‘The work done by pioneering law firm Bott & Co in bringing uncontested flight delay claims does not amount to litigation services and so it cannot claim an equitable lien over the damages for its costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 13th February 2019

Source: www.litigationfutures.com

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Ep. 65: General Medical Council Appeals – Robert Keller & Jeremy Hyam QC – Law Pod UK

Posted February 13th, 2019 in appeals, disciplinary procedures, doctors, employment, health, news, nurses by sally

‘Taken from our recent seminar, ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, Robert Kellar and Jeremy Hyam QC discuss appeals by the general medical council.’

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Law Pod UK, 11th February 2019

Source: audioboom.com

Fiona Onasanya: Peterborough MP to appeal against conviction – BBC News

‘A MP jailed for lying about a speeding offence is appealing against her conviction, the Commons has been told.’

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BBC News, 11th February 2019

Source: www.bbc.co.uk

Planning appeal decisions could be cut by 5 months – Ministry of Housing, Communities & Local Government

Posted February 12th, 2019 in appeals, delay, housing, planning, press releases, reports by tracey

‘Independent review says the average time to decide a planning appeal inquiry could be slashed from 47 to 26 weeks.’

Full press release

Ministry of Housing, Communities & Local Government , 12th February 2019

Source: www.gov.uk/government/organisations/ministry-of-housing-communities-and-local-government

Court refuses to overturn solicitor’s sole practitioner ban – Legal Futures

Posted February 8th, 2019 in appeals, disciplinary procedures, news, solicitors by sally

‘The High Court has rejected a solicitor’s appeal against a decision to ban him from working as a sole practitioner.’

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Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

Adjudication and insolvency – guidance from the Court of Appeal – Practical Law: Construction Blog

‘Summer 2018 will be remembered as a special time by many readers of this blog: whether it was the spectacular weather, the giddy heights hit by the England football team, or Fraser J’s decision in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation), it was a summer to remember.’

Full Story

Practical Law: Construction Blog, 6th February 2019

Source: constructionblog.practicallaw.com

Analysis: Was De Gafforj ruling another missed opportunity? – Family Law

‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Liquidators can use, but not enforce, adjudication in construction contracts – OUT-LAW.com

‘Companies in liquidation can theoretically refer claims to an adjudicator under construction law but it would be a futile exercise as the decision could not be enforced in most cases, the Court of Appeal in England has ruled.’

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OUT-LAW.com, 4th February 2019

Source: www.out-law.com

Does Cannon v Primus mean an end to general jurisdictional reservations? – Practical Law: Construction Blog

‘It was only published at the end of last week, so I’m not sure if you’ve had chance to look at Coulson LJ’s judgment in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd. If not, then you should. It contains some important stuff about liquidation and CVAs, and when it is appropriate (and possible) to adjudicate if the referring party is subject to one of those processes.’

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Practical Law: Construction Blog, 30th January 2019

Source: constructionblog.practicallaw.com

Protecting Community Protection Notices – UK Police Law Blog

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Anti-fracking campaigner loses challenge over refusal by inspector to adjourn – Local Government Lawyer

‘A campaigner against fracking has failed in a High Court claim that a planning inspector’s refusal to adjourn an inquiry was a breach of the rules of natural justice.’

Full Story

Local Government Lawyer, 4th February 2019

Source: www.localgovernmentlawyer.co.uk

Warwick students suspended for rape chat ‘won’t return’ – BBC News

Posted February 5th, 2019 in appeals, disciplinary procedures, internet, news, rape, universities by tracey

‘Two University of Warwick students, who were involved in an online group chat that threatened rape, will not be returning, despite a ban on their attendance being lifted. The pair were barred from the campus for 10 years, but this was reduced to 12 months after they appealed.’

Full Story

BBC News, 4th February 2018

Source: www.bbc.co.uk

Case Comment: Michalak v GMC [2017] UKSC 71 – UKSC Blog

‘The case was about the meaning of the Equality Act 2010, s 120(7), which removes from the jurisdiction of the employment tribunal any decision which is “subject to an appeal or proceedings in the nature of an appeal”.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Case Comment: R v Mackinlay & Ors [2018] UKSC 42 – UKSC Blog

Posted January 30th, 2019 in appeals, elections, expenses, gifts, news, statutory interpretation, Supreme Court by sally

‘This case relates to a point of statutory construction in the Representation of the People Act 1983, s 90C(1)(a). The question was whether goods, services, or facilities provided free-of-charge or at a discount to a candidate for election need to be declared by the candidate as an election expense even if they had not been authorised by the candidate, their election agent, or someone else authorised by the candidate or agent.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Minor offences may stay secret after legal challenge fails – The Guardian

‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

Full Story

The Guardian, 28th January 2019

Source: www.theguardian.com