‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’
Local Government Lawyer, 8th June 2017
Source: www.localgovernmentlawyer.co.uk
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement 5th June 2017
Source: www.freemovement.org.uk
‘R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397. The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention does not apply there. The Court of Appeal has unanimously held that in doing so, then-Home Secretary Theresa May acted unlawfully in denying refugees from the SBAs access to the UK.’
Free Movement, 6th June 2017
Source: www.freemovement.org.uk
‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’
Litigation Futures, 5th June 2017
Source: www.litigationfutures.com
‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’
Free Movement, 5th June 2017
Source: www.freemovement.org.uk
‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’
Legal Futures, 5th June 2017
Source: www.legalfutures.co.uk
Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399
‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’
WLR Daily, 23rd May 2017
Source: www.iclr.co.uk
S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)
‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’
WLR Daily, 18th May 2017
Source: www.iclr.co.uk
‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’
UK Constitutional Law Association, 31st May 2017
Source: ukconstitutionallaw.org
‘The parents of a severely ill baby will take their legal battle to an emergency hearing at the supreme court next week in the hope of persuading judges that he should be treated in the US.’
The Guardian, 31st May 2017
Source: www.theguardian.com
‘A Court of Appeal judgment that discouraged use of the term ‘McKenzie friend’ and described the bad experiences that some court users have had with unqualified advisers has met mixed views from the profession.’
Law Society's Gazette, 26th May 2017
Source: www.lawgazette.co.uk
‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
‘The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368.’
Free Movement, 30th May 2017
Source: www.freemovement.org.uk
‘Erosion of privilege—are we at the thin end of the wedge, asks David Owen.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
‘The Gambling Commission in Britain can prevent pubs from providing gambling services to consumers even if those pubs satisfy the criteria necessary for obtaining an operating licence, the Court of Appeal in London has confirmed.’
OUT-LAW.com, 26th May 2017
Source: www.out-law.com
‘Teachers at a sixth form college participate in a full day of lawful strike action. The collective agreement (the Red Book) incorporated into their individual contracts of employment provides that in such a situation their employer can withhold their pay. But how much can the deductions be? That was the issue in Hartley v King Edward VI College (2017) UKSC 39. The employer had made the deductions at a rate of 1/260 of their annual pay. That was based on the number of weekdays in a calendar year. That was wrong say the Supreme Court. The employer was entitled to make deductions only at a rate of 1/365 of their annual salary. This is the effect of the Apportionment Act 1870 (“the Act”). This provides for accrual from day to day: Section 2.’
Education Blog, 24th May 2017
Source: education11kbw.com
‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’
Law Society’s Gazette, 24th May 2017
Source: www.lawgazette.co.uk
‘A man who started a fire in the toilet of a plane carrying more than 200 people has had his prison sentence more than doubled at the Court of Appeal.’
Daily Telegraph, 26th May 2017
Source: www.telegraph.co.uk
‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’
Panopticon, 25th May 2017
Source: www.panopticonblog.com
‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’
Litigation Futures, 25th May 2017
Source: www.litigationfutures.com
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