‘Senior officers missed signs that the unit of a now-jailed marine was suffering from exhaustion, a Royal Navy review has found.’
BBC News, 14th December 2016
Source: www.bbc.co.uk
‘Charities should be treated no differently from any other beneficiary of a will when resolving disputes, seven Supreme Court judges heard today in a long running legal battle over a £468,000 bequest to animal charities. In Ilott v The Blue Cross and Others, the court is considing an appeal by three animal charities case against a Court of Appeal ruling setting aside a will on the grounds that it did not make reasonable provision for the testator’s daughter.’
Law Society’s Gazette, 12th December 2016
Source: www.lawgazette.co.uk
‘Could the Sewel Convention scupper Brexit, asks Michael Zander QC.’
New Law Journal, 8th December 2016
Source: www.newlawjournal.co.uk
‘The Supreme Court will today hear a case that should clarify the law on challenging wills on the grounds that they do not make reasonable provision. Animal charities are appealing a Court of Appeal decision in July last year in favour of Heather Ilott, who had been excluded from her mother Melita Jackson’s will.’
Law Society’s Gazette, 12th December 2016
Source: www.lawgazette.co.uk
‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’
UL Constitutional Law Association, 7th December 2016
Source: www.ukconstitutionallaw.org
‘Rail passengers who challenge the issuing of a penalty fare could soon be able to turn to a new, independent appeals panel in England and Wales.’
BBC News, 10th December 2016
Source: www.bbc.co.uk
‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’
Zenith PI Blog, 9th December 2016
Source: www.zenithpi.wordpress.com
‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’
Nearly Legal, 8th December 2016
Source: www.nearlylegal.co.uk
‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’
Nearly Legal, 8th December 2016
Source: www.nearlylegal.co.uk
‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’
Local Government Law, 5th December 2016
‘A music talent show broadcast on Sky was “independently created”, the UK Court of Appeal has ruled, dismissing claims that the show copied features contained in a pitch for another talent show made to the broadcaster the year previously.’
OUT-LAW.com, 7th December 2016
Source: www.out-law.com
‘John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.’
Family Law Week, 7th December 2016
Source: www.familylawweek.co.uk
‘A Church of England hospital chaplain has lost his claim that he was discriminated against when his licence to work was withdrawn after he married his same-sex partner, in a case that gay rights campaigners hoped would force the church to change its stance.’
The Guardian, 7th December 2016
Source: www.guardian.co.uk
A 67-year-old millionaire has been ordered by a judge to leave his home after his wife said she had been used as “an emotional punch bag”.
BBC News, 5th December 2016
Source: www.bbc.co.uk
‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’
UK Constitutional Law Association, 5th December 2016
Source: www.ukconstitutionallaw.org
‘The case concerns an appeal against the Order of Mr Justice Jay in which he struck out claims brought by a number of serving officers of the Metropolitan Police against their Commissioner.’
Zenith PI Blog, 5th December 2016
Source: www.zenithpi.wordpress.com
‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’
No. 5 Chambers, 18th November 2016
Source: www.no5.com
‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’
Hardwicke Chambers, 18th November 2016
Source: www.hardwicke.co.uk
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