Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

CA rejects latest challenge to costs deduction from damages – Legal Futures

Posted July 17th, 2023 in appeals, damages, fees, law firms, news, personal injuries, solicitors, time limits by tracey

‘The time for a client to challenge a solicitor’s deduction from their damages runs from the time the deduction is made, without the client having to agree the specific amount, the Court of Appeal has ruled.’

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Legal Futures, 17th July 2023

Source: www.legalfutures.co.uk

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk

Former Uber driver wins payout of £20,000 owed for more than seven years – The Guardian

‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’

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The Guardian, 12th July 2023

Source: www.theguardian.com

New Judgment: Philipp (Respondent) v Barclays Bank UK PLC (Appellant) [2023] UKSC 25 – UKSC Blog

Posted July 14th, 2023 in appeals, banking, fraud, news, Supreme Court by sally

‘In 2018 Mrs Fiona Philipp and her husband, Dr Robin Philipp, fell victim to a fraud. They were deceived by criminals into instructing Barclays Bank (the Bank) to transfer £700,000 in two payments from Mrs Philipp’s current account with the Bank to bank accounts in the United Arab Emirates. The instructions were carried out and the money was lost.’

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UKSC Blog, 12th July 2023

Source: ukscblog.com

Court of Appeal finds recorder was wrong to decide there was no necessity for psychological assessment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a mother against care and placement orders made in respect of her son, after finding the recorder was wrong to decide that there was “no necessity for a psychological assessment”.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Appeal court overturns disability strategy ruling – BBC News

Posted July 12th, 2023 in appeals, consultations, disabled persons, government departments, news by sally

‘A ruling which decided a survey used to inform the government’s National Disability Strategy was “unlawful” has been overturned at the Court of Appeal.’

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BBC News, 11th July 2023

Source: www.bbc.co.uk

“Women will suffer” warning as CA hears divorce costs funding case – Legal Futures

Posted July 12th, 2023 in appeals, costs, divorce, families, family courts, law firms, news, statistics, women by sally

‘The future of litigation funding in divorce cases – which new figures from law firms show mainly benefits women – is in the balance as the Court of Appeal hears a crucial appeal.’

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Legal Futures, 12th July 2023

Source: www.legalfutures.co.uk

Hospital discharge and subsequent placement should be considered as separate matters when determining capacity: CoP – Local Government Lawyer

‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’

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Local Government Lawyer, 11th July 2023

Source: www.localgovernmentlawyer.co.uk

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

New Judgment: R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct and others [2023] UKSC 24 – UKSC Blog

‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’

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UKSC Blog, 5th July 2023

Source: ukscblog.com

Housing case law update: June 2023 – Local Government Lawyer

‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court backs civil law test for police disciplinary proceedings – Law Society’s Gazette

‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’

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Law Society's Gazette, 5th July 2023

Source: www.lawgazette.co.uk

Appeal allowed despite ‘disastrously handled’ litigation – Law Society’s Gazette

Posted July 7th, 2023 in appeals, child support, children, costs, dispute resolution, families, news by tracey

‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’

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Law Society’s Gazette, 6th July 2023

Source: www.lawgazette.co.uk

Interest rate ‘rigger’ wins right to appeal in UK – BBC News

‘The first trader tried and jailed for “rigging” interest rates, Tom Hayes, has won the right to appeal his case after a six-year battle. Mr Hayes, who was sentenced to 11 years in jail in 2015, has been seeking a referral since 2017. He will now have his case referred back to the Court of Appeal.’

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BBC News, 7th July 2023

Source: www.bbc.co.uk

Transgender group loses challenge over gay rights charity’s status – The Independent

‘A transgender rights group has lost its case to have a gay rights organisation stripped of its charitable status in what is believed to be the first case of its kind in the UK.’

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The Independent, 6th July 2023

Source: www.independent.co.uk

The importance of Reynolds in discrimination cases – 3PB

‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’

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3PB, 7th June 2023

Source: www.3pb.co.uk

Dismissing for redundancy: making sure all other options are explored properly – 3PB

‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’

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3PB, 5th June 2023

Source: www.3pb.co.uk

Why UK court ruled Rwanda isn’t a safe place to send refugees – and what this means for the government’s immigration plans – EIN Blog

‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’

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EIN Blog, 4th July 2023

Source: www.ein.org.uk

Appeals against Housing Act 2004 decisions as a “rehearing” – Local Government Lawyer

Posted July 3rd, 2023 in appeals, fraud, housing, landlord & tenant, licensing, local government, news, reasons by tracey

‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk