appeals – Page 138 – Current Awareness

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

Posted November 23rd, 2017 in appeals, contracting out, equality, homelessness, housing, judgments, local government, London, news, statutory interpretation by sally

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

The 36 Group, 23rd October 2017

Source: 36group.co.uk

Michalak v General Medical Council – Blackstone Chambers

Posted November 23rd, 2017 in appeals, disability discrimination, doctors, employment tribunals, news, race discrimination, sex discrimination, Supreme Court by sally

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Durand Academy Case and Regulatory Fairness – Blackstone Chambers

Posted November 23rd, 2017 in appeals, complaints, education, news, reports by sally

‘Durand Academy is a large school in Lambeth, serving a diverse community that has a high percentage of BAME families.’

Blackstone Chambers, 17th November 2017

Source: www.blackstonechambers.com

A Case of Little Interest? The Supreme Court’s Judgment in Littlewoods – Blackstone Chambers

Posted November 23rd, 2017 in appeals, HM Revenue & Customs, interest, news, Supreme Court, time limits, VAT by sally

‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’

Blackstone Chambers, 2nd November 2017

Source: www.blackstonechambers.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’

Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

Posted November 23rd, 2017 in appeals, constructive dismissal, employment, employment tribunals, news, whistleblowers by sally

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

Interests of a bankrupt’s creditors remain of paramount importance (Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable) – Hardwicke Chambers

Posted November 23rd, 2017 in appeals, bankruptcy, evidence, news by sally

‘Lina Mattsson outlines the recent restructuring and insolvency case, Pickard and another (Joint Trustees in Bankruptcy of Constable) v Constable. She explains that this appeal reaffirms that even in situations with exceptional circumstances, the interests of a bankrupt’s creditors remain of paramount importance and that cogent evidence is crucial to support any application to suspend possession.’

Hardwicke Chambers, 14th November 2017

Source: www.hardwicke.co.uk

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

Posted November 23rd, 2017 in appeals, brexit, contract of employment, EC law, human rights, news, state immunity, Supreme Court by sally

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

Cloisters, 2nd November 2017

Source: www.cloisters.com

A bitter taste in the mouth of travel providers? The Court of Appeal’s Decision in Wood v TUI Travel plc T.A. First Choice 2017 EWCA Civ 11 – 4 KBW

Posted November 23rd, 2017 in appeals, damages, holidays, news, sale of goods by sally

‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’

4 KBW, 17th November 2017

Source: www.4kbw.net

Recovery of Damages for Future Care Costs Does Not Disentitle a Person to After-Care Services Under Mental Health Act 1983 – Garden Court Chambers

Posted November 23rd, 2017 in appeals, costs, damages, local government, mental health, news by sally

‘The Court of Appeal determined that a person discharged from liability to be detained under s 3 Mental Health Act 1983 (MHA 1983) but who still required “after-care services” pursuant to s 117 of the Act was entitled to have his local authority provide such services under s 117 at any time before he had exhausted sums awarded to him in respect of costs of care for the injury he suffered.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Mandatory Ground of Possession Under Housing Act 1985: Out of Time Reviews – Garden Court Chambers

Posted November 23rd, 2017 in appeals, housing, landlord & tenant, local government, news, repossession, time limits by sally

‘Mr Harris, the appellant, was the secure tenant of Hounslow London Borough Council, the respondent. On 17 November 2015, the police obtained a closure order, under the Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA 2014), in respect of the property where he lived, following complaints of noise nuisance and visitors loitering, smoking, drinking and using drugs in the stairwell.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Court of Appeal Overturns Birmingham CC v D: 16-17 Year Olds Who Lack Capacity Not Deprived of Their Liberty Within Art 5 Where Parents Consent to Their Confinement – Garden Court Chambers

Posted November 23rd, 2017 in appeals, children, deprivation of liberty safeguards, mental health, news, parental responsibility, young persons by sally

‘This is the appeal from the decision of Keehan J in Birmingham CC v D [2016] EWCOP 8.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

Posted November 22nd, 2017 in appeals, contract of employment, employment, employment tribunals, human rights, interpretation, news, transport by sally

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Court of Appeal rejects challenge over power to close parks for festivals – Local Government Lawyer

Posted November 22nd, 2017 in appeals, judicial review, local government, London, news, parks, statutory interpretation by sally

‘The Court of Appeal has rejected an attempt to stop London boroughs holding large music festivals in public parks, setting up a potential Supreme Court challenge.’

Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

Drug-driving cases dropped over forensics – BBC News

Posted November 22nd, 2017 in appeals, criminal justice, drug offences, forensic science, news, police, prosecutions, road traffic offences by sally

‘Around 50 drug-driving prosecutions have been dropped because original test results may have been “manipulated”.’

BBC News, 21st November 2017

Source: www.bbc.co.uk

Tagging requirements in SOPOs are lawful – UK Police Law Blog

Posted November 20th, 2017 in appeals, electronic monitoring, news, sexual offences prevention orders, Supreme Court by sally

‘In R (on the application of Richards) v Chief Constable of Cleveland Police (UKSC 2017/0090) the Supreme Court has refused permission to appeal against the imposition of a tagging requirement in a Sexual Offences Prevention Order (“SOPO”). The undisturbed judgment of the Court of Appeal in R (on the application of Richards) v Teesside Magistrates’ Court [2015] EWCA Civ 7; [2015] 1 WLR 1695 endorses (and perhaps extends) the purpose and effect of imposing qualified restrictions on sex offenders.’

UK Police Law Blog, 19th November 2017

Source: ukpolicelawblog.com

Rolf Harris indecent assault conviction overturned – BBC News

Posted November 16th, 2017 in appeals, news, sexual offences by sally

‘Former entertainer Rolf Harris has had one of 12 indecent assault convictions overturned by the Court of Appeal.’

BBC News, 16th November 2017

Source: www.bbc.co.uk

Court hears transgender woman’s appeal over access to her Jewish children – The Guardian

Posted November 16th, 2017 in appeals, children, contact orders, Judaism, news, transgender persons by sally

‘A parent who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her battle to be allowed access to her five children to the court of appeal.’

The Guardian, 15th November 2017

Source: www.theguardian.com

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