The UK’s first case under the Subsidy Control Act 2022 – Local Government Lawyer

Posted August 11th, 2023 in appeals, competition, local government, news, waste by tracey

‘Jonathan Branton and Alexander Rose consider the lessons which can be learned from the Competition Appeal Tribunal’s decision in the Durham Company Limited v Durham County Council.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

Assessing someone as being clearly an adult – Local Government Lawyer

‘The Court of Appeal recently considered the approach to be taken to a claim for judicial review of a decision that SB was clearly and obviously an adult. Catherine Rowlands examines the judgment.’

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Local Government Lawyer, 11th August 2023

Source: www.localgovernmentlawyer.co.uk

Rulings support trustees in bankruptcy in carrying out their duties – OUT-LAW.com

Posted August 11th, 2023 in appeals, bankruptcy, insolvency, news, Supreme Court, trustees in bankruptcy by tracey

‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’

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OUT-LAW.com, 10th August 2023

Source: www.pinsentmasons.com

High Court judge rules inspector erred in law over scope of power to require removal of operational development – Local Government Lawyer

Posted August 11th, 2023 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has decided that a planning inspector erred in law over a dispute about an enforcement notice served by Buckinghamshire Council.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Transport Secretary wins Supreme Court appeal over determinations on certificates of appropriate alternative development -Local Government Lawyer

‘The Supreme Court has allowed an appeal by the Secretary of State for Transport over the way in which compensation is calculated for land compulsory purchased for Birmingham’s Curzon Street HS2 station.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Relief for claimant firms as appeal judges block costs challenge – Law Society’s Gazette

Posted August 11th, 2023 in appeals, compensation, costs, fees, law firms, news, solicitors by tracey

‘A landmark Court of Appeal costs ruling in favour of claimant solicitors cannot be challenged in the Supreme Court, appeal judges have ruled.’

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Law Society’s Gazette, 10th August 2023

Source: www.lawgazette.co.uk

Ffos-y-Fran: Campaigners go to courts to stop mine digging for coal – BBC News

‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Developer wins partial award of costs following council’s “unreasonable behaviour” – Local Government Lawyer

Posted August 10th, 2023 in appeals, costs, local government, news, planning by tracey

‘Property developer Berkeley Homes has won an appeal to demolish old offices in Sevenoaks and construct a new flatted development for 69 residential units.’

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Local Government Lawyer, 10th August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules on “hot potato” issue of decision between care order, supervision order or no order when child placed at home – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother and made supervision orders in place of care orders for all three of her children, who are placed at home.’

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Local Government Lawyer, 8th August 2023

Source: www.localgovernmentlawyer.co.uk

Taxi driver’s attacker jailed after court intervenes – Attorney General’s Office

‘A woman who permanently blinded a taxi driver in one eye after a frenzied attack with her high heels has been jailed for three years.’

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Attorney General's Office, 7th August 2023

Source: www.gov.uk

Andy Malkinson: Living costs deduction scrapped for wrongly convicted – BBC News

‘A controversial rule which deducted living costs from compensation paid to wrongly jailed people has been scrapped.’

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BBC News, 6th August 2023

Source: www.bbc.co.uk

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

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Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

The power to regulate proceedings and place restrictions on councillor voting – Local Government Lawyer

Posted August 4th, 2023 in appeals, local government, news by tracey

‘Philip McCourt looks at a recent Court of Appeal case and what that means for committee members who aren’t present for a full item of business but may still wish to vote.’

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Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

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Cloisters, 14th July 2023

Source: www.cloisters.com

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR

‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com

Posted August 2nd, 2023 in appeals, delay, HM Revenue & Customs, judicial review, news, tax avoidance, taxation by sally

‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’

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OUT-LAW, 1st August 2023

Source: www.pinsentmasons.com

Court rejects appeal against NHS England over gender dysphoria treatment delays – The Guardian

Posted August 1st, 2023 in appeals, delay, medical treatment, news, transgender persons by sally

‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’

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The Guardian, 31st July 2023

Source: www.theguardian.com