‘The question of the powers of the First Tier and Upper Tribunals (and indeed initial decision makers) to disapply secondary legislation where there is a breach of the appellant’s human rights has reached the Supreme Court. The decision has some far reaching implications for bedroom tax appeals and beyond.’
Nearly Legal, 15th November 2019
Source: nearlylegal.co.uk
‘Many people believe that we do not pay enough attention to the rights of children in care to stay with, or at least stay in touch with, their brothers and sisters. Our relationships with our brothers and sisters can be the longest and most valuable in our lives but, for a range of reasons, these relationships can be disrupted when children are taken into care – or adopted – and are arguably overlooked by the law.’
Transparency Project, 17th November 2019
Source: www.transparencyproject.org.uk
‘Litigants in person and solicitors should go through the Legal Aid Agency, not the High Court, for public funding in civil contempt proceedings, a judge has said in a bid to clear up confusion over who has the power to grant legal aid.’
Law Society's Gazette, 15th November 2019
Source: www.lawgazette.co.uk
‘The Supreme Court will next week (20 November) hand down an imporrtant ruling on whether a council was entitled to take into account as a material consideration, when granting planning permission, the offer of a community benefit fund donation.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A primary school headteacher who was sacked after having sex with two 17-year-old boys he met through a gay dating app has been awarded nearly £700,000 compensation by a tribunal.’
The Guardian, 15th November 2019
Source: www.theguardian.com
‘The Court of Appeal in England has quashed follower notices issued to a participant in a film partnership on the basis that tax authority HM Revenue & Customs (HMRC) could not have been of the opinion that the judicial ruling they were based on was relevant to the taxpayer’s case.’
OUT-LAW.com, 14th November 2019
Source: www.pinsentmasons.com
‘The Court of Appeal has ordered a second retrial in care proceedings relating to five siblings following the death of a ten-year-old girl in 2016, describing the judgment from the first retrial as“wrong and procedurally unjust”.’
Local Government Lawyer, 15th November 2019
Source: www.localgovernmentlawyer.co.uk
‘A circuit judge was wrong to find that an employer’s liability claim automatically exited the pre-action protocol because the defendent challenged the late service of evidence at the stage 3 hearing, the Court of Appeal has ruled.’
Litigation Futures, 14th November 2019
Source: www.litigationfutures.com
‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’
Law Society's Gazette, 14th November 2019
Source: www.lawgazette.co.uk
‘A millionaire property tycoon who left his injured and bleeding partner to die after claiming she had been injured during “rough sex” has lost an appeal to have his prison sentence cut.’
The Independent, 14th November 2019
Source: www.independent.co.uk
‘David Burrows provides a rundown of child support appeals to the First-tier Tribunal & Upper Tribunal.’
Family Law, 13th November 2019
Source: www.familylaw.co.uk
‘One in two people who appealed in court against a decision to deny them disability benefits were successful, analysis of five years of data shows.’
BBC News, 14th November 2019
Source: www.bbc.co.uk
‘The appellant was arrested in the United Kingdom in 2017 and charged with one count of conspiracy to commit torture and seven counts of torture, contrary to the Criminal Justice Act 1988, section 134. The charges relate to events in the early stages of the first Liberian civil war in 1990 when an armed group, the National Patriotic Front of Liberia took control of parts of Liberia. Its leader, Charles Taylor, subsequently became President of Liberia in 1997. The point of law raised in the appeal related to the correct interpretation of the term “person acting in an official capacity” in the CJA, section 134(1). The Court of Appeal held that CJA, section 134 is not confined to individuals acting on behalf of a State.’
UKSC Blog, 13th November 2019
Source: ukscblog.com
‘Royal Mail has lost an appeal against a £50m fine from media regulator Ofcom for anti-competitive behaviour against its largest competitor, the parcels business Whistl.’
The Guardian, 12th November 2019
Source: www.theguardian.com
‘This is an important Court of Appeal decision concerning Landlord and Tenant Act 1985, s.19(2) and the reasonable sum payable in advance on account of works where the landlord may be able in future to recover some of the costs from a third party.’
Nearly Legal, 12th November 2019
Source: nearlylegal.co.uk
‘The Supreme Court will next week consider whether parts of the Communities Secretary’s guidance on the investment of Local Government Pensions Schemes relating to UK foreign and defence policy were for an unauthorised purpose.’
Local Government Lawyer, 11th November 2019
Source: www.localgovernmentlawyer.co.uk
The law reform group Justice has called for a radical overhaul of exclusions amid concerns that too many schools do not fully understand their legal duties and that the appeal process available to parents wishing to challenge an exclusion is inadequate.
The Guardian, 11th November 2019
Source: www.theguardian.com
‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’
UKSC Blog, 11th November 2019
Source: ukscblog.com
‘This appeal was on the issue of whether a local authority and the First Tier Tribunal could take into account previous convictions that were spent under the terms of the Rehabilitation of Offenders Act 1974 in deciding whether an applicant for a Housing Act 2004 licence was a ‘fit and proper person’.’
Nearly Legal, 10th November 2019
Source: nearlylegal.co.uk
‘There is a “Happy Halloween” present from the Supreme Court for commercial fraud claimant litigators. In the important case of Singularis Holdings Ltd (In Official Liquidation) -v- Daiwa Capital Markets Europe Ltd [2019] UKSC 50, handed down on 30 October 2019, the Supreme Court has upheld the existence of a bank’s Quincecare duty of care, even where the instructions which resulted in a claimant company being defrauded was given by that company’s sole director and controlling mind, and have also finally laying to rest the much criticised case of Stone & Rolls Ltd v Moore Stephens [2009] UKHL 39; [2009] 1 AC 1391 that had been used to attribute the fraud of a director of a one-man company to the company itself.’
39 Essex Chambers, 31st October 2019
Source: www.39essex.com
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