‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’
Litigation Futures, 11th April 2017
Source: www.litigationfutures.com
‘All cigarettes sold in the UK must have standardised packaging from next month after the supreme court refused permission to the tobacco industry to appeal against the new laws.’
The Guardian, 11th April 2017
Source: www.guardian.co.uk
‘In Tayo & Ors (Trustees of Manchester New Moston Congregation of Jehovah’s Witnesses) v Charity Commission for England and Wales [2017] UKUT 134 (TCC), the trustees of Manchester New Moston Congregation of Jehovah’s Witnesses lost their appeal against the First Tier Tribunal’s refusal in 2015 – which we noted at the time – to review the Charity Commission’s decision to open a statutory inquiry into the charity under s 46 Charities Act 2011.’
Law & Religion UK, 5th April 2017
Source: www.lawandreligionuk.com
‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’
OUT-LAW.com, 11th April 2017
Source: www.out-law.com
‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’
Nearly Legal, 10th April 2017
Source: www.nearlylegal.co.uk
‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’
Litigation Futures, 10th April 2017
Source: www.litigationfutures.com
‘The government has lost a key court of appeal battle over access to legal aid for prisoners in a ruling that campaigners have called a groundbreaking victory.’
The Guardian, 10th April 2017
Source: www.guardian.co.uk
‘Appeal judges have overturned the child sex abuse conviction of a former Sussex boarding school worker who killed himself before the end of his trial.’
BBC News, 6th April 2017
Source: www.bbc.co.uk
‘”Skiing” or “Spending Kids’ Inheritance” is a regular source of conflict between parents (or their estates) and their children. After 10 years and numerous appeals, the saga of Ilott v The Blue Cross [2017] UKSC 17 has finally reached its conclusion. The case concerned a claim pursuant to the Inheritance (Provision for Family and Dependents) Act 1975 by an estranged adult daughter for financial provision from her mother’s estate.’
Radcliffe Chambers, 16th March 2017
Source: www.radcliffechambers.com
‘The applicant was the mother of Mark Duggan who was shot dead by a police officer following the vehicle he was driving being stopped in a planned operation mounted after the receipt of intelligence that he had acquired a firearm intended for criminal use. The applicant was appealing against the dismissal of her application for judicial review of the verdict of lawful killing returning by the jury at the Inquest.’
Park Square Barristers, 4th April 2017
Source: www.parksquarebarristers.co.uk
‘A notification injunction is a variant of a conventional freezing injunction. Broadly speaking, it provides that the respondent cannot deal with or dispose of his assets without first providing advance notice of the proposed dealings to the applicant.’
Littleton Chambers, 24th March 2017
Source: www.littletonchambers.com
‘The Supreme Court today allowed the charities’ appeal in the case of Ilott v Mitson [2017]
UKSC 17. It is the first opportunity for the Supreme Court to give guidance on the vexed
question of what constitutes ‘reasonable financial provision’ within the meaning of the
Inheritance (Provision for Family and Dependants) Act 1975 and to bring to an end a saga
which began with the death of Melita Jackson in June 2004.’
New Square Chambers, 15th March 2017
Source: www.newsquarechambers.co.uk
‘The Competition Appeal Tribunal (‘CAT’) gave judgment on 31 March 2017 on the first ever application for a Collective Proceedings Order under the new competition damages collective action procedures introduced by the Consumer Rights Act 2015.’
Blackstone Chambers, 6th April 2017
Source: www.blackstonechambers.com
‘In 1494 Botticelli completed painting “the Calumny of Apelles.” It depicts an innocent painter, Apelles, who has been wrongly accused of capital crimes, dragged before the King’s throne by personifications of Slander, Ignorance, Suspicion and Envy. It hangs in the Uffizi today and is thought to have been commissioned by a Florentine banker. In the story Apelles is pardoned from death at the last minute when a third party tells the king that he could not possibly have committed the offence, but the painting captures the moment when Apelles seems inevitably about to meet a sticky end, surrounded and almost entirely enveloped by Slander, Ignorance and Suspicion. Was this commissioned by a worried banker, concerned that he might meet his professional end without the ability to put the record straight or see the underlying disclosure? In Renaissance Florence this is unlikely but it does seem to reflect (at least some) of the anxieties of those who work in regulated professions today, that they may be hampered from obtaining future employment because of their previous employer’s interactions with a regulator.’
Littleton Chambers, 3rd April 2017
Source: www.littletonchambers.com
‘The Court of Appeal has dismissed an appeal against a decision that two joint tenants had lost security of tenure under the Housing Act 1985 because they no longer occupied the property as their only or principal home.’
Arden Chambers, 16th March 2017
Source: www.ardenchambers.com
‘Criticism can hurt. Public criticism by a regulator taking enforcement action can hurt more. The law has long sought to ensure that those potentially subject to criticism have an opportunity to answer what is said against them.’
Blackstone Chambers, 5th April 2017
Source: www.blackstonechambers.com
‘Robin Allen QC and Anna Beale consider the latest case on indirect discrimination and ask the pressing question: are equal pay cases suddenly significantly easier for Claimants?’
Cloisters, 5th April 2017
Source: www.cloisters.com
‘In Sheffield City Council v Oliver (2007) EWCA Civ 225 the local authority was unsuccessful in its appeal from an Upper Tribunal (Lands Chamber) decision concerning the funding of major refurbishment works to several blocks of flats of which it is the freeholder.’
Local Government Law, 5th April 2017
‘SS (Congo) v Entry Clearance Officer, Nairobi, [2017] UKSC 10. The Supreme Court has ruled that, in principle, the need for spouses or civil partners in the UK to have an annual minimum income of £18,600 in order to obtain entry clearance for their non-EEA spouse/civil partner to be compliant with the European Convention on Human Rights (“ECHR”). However, the Supreme Court stated that the relevant Immigration Rules relating to such Minimum Income Requirements (“MIR”) failed to adequately take account of the need to safeguard and promote the welfare of children when making an entry decision. Finally, the prohibition on taking into account prospective earnings of the foreign spouse or civil partner when applying the MIR was inconsistent with the evaluative exercise required under Article 8, ECHR.’
UK Human Rights Blog, 6th April 2017
Source: www.ukhumanrightsblog.com
‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’
Family Law Week, 4th April 2017
Source: www.familylawweek.co.uk
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