Allocation schemes and unlawful discrimination – LAG Housing Law
‘Sam Madge-Wyld looks at challenges to housing allocation schemes.’
LAG Housing Law, 26th April 2016
Source: www.laghousinglaw.com
Category: appeals
Prisoner who threw boiling water at nurse sentenced to 11 years jail – Attorney General’s Office
‘A violent prisoner in HMP Preston who threw boiling water in the face of a nurse today had his sentence increased to 11 years in jail.’
Attorney General’s Office, 27th April 2016
Source: www.gov.uk/ago
Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog
‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’
Zenith PI Blog, 27th April 2016
Source: www.zenithpi.wordpress.com
Part 25 Applications – The theory and the practice – Family Law Week
‘Marie Crawford, barrister, Becket Chambers considers the disconnection between theory and practice in making applications to adduce expert evidence.’
Family Law Week, 21st April 2016
Source: www.familylawweek.co.uk
Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com
‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’
OUT-LAW.com, 26th Aoril 2016
Source: www.out-law.com
Neuberger: ODR may become only route to justice for smaller claims – but Bar is looking for alternatives – Legal Futures
‘Online dispute resolution (ODR) could be the only way of ensuring access to justice in moderate-sized claims in future – but the Bar Council is trying to find an alternative that retains hearings, according to the president of the Supreme Court.’
Legal Futures, 27th April 2016
Source: www.legalfutures.co.uk
Moorjani v Durban Estates – Tanfield Chambers
‘Housing practitioners are familiar with the routine claim for disrepair in respect of short-life tenancies. However, such claims are rarely encountered with long residential leases and whilst they are unlikely to raise any particular problems with liability, they may do so as regards causation and the quantification of damages. This can be seen by considering the two main types of damage sustained.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
Sinclair Gardens Investments (Kensington) Ltd v Ray [2015] EWCA Civ 1247 – Tanfield Chambers
‘A previous decision of the Upper Tribunal is admissible evidence of what it decided and it is a question of what weight a subsequent tribunal should give it. The extent to which the previous decision is a decision on general points of interest rather than specific facts and the cogency of the reasoning will impact on the weight to be given to a particular decision.’
Tanfield Chambers, 19th April 2016
Source: www.tanfieldchambers.co.uk
VAT and service charges: indivisible or not indivisible-is that the question? – Tanfield Chambers
‘This article gives consideration of the decision of the Upper Tribunal (Lands Chamber) in Janine Ingram v Church Commissioners for England [2015] UKUT.’
Tanfield Chambers, 26th April 2016
Source: www.tanfieldchambers.co.uk
Misuse of your private information – Can You Put A Value On That? – 4 KBW
‘The Supreme Court has refused MGN Limited permission to appeal the decision in Representative Claimants -v- Mirror Group Newspapers Ltd [2015] EWCA Civ 1291 – the Court of Appeal’s decision regarding the appropriate level of damages in eight phone-hacking ‘test cases’. This decision itself was an unsuccessful appeal by MGN against the High Court decision in Gulatti & Ors v MGN Limited [2015] EWHC 1482.’
4 KBW, 8th April 2016
Source: www.4kbw.net
Secondary victims revisited: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne – Cloisters
‘Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]:
there must be a close tie of love and affection with the person killed, injured or imperilled;
there must be proximity in time and space to the incident or its immediate aftermath;
the incident or its immediate aftermath must have been directly perceived;
the psychiatric injury must be induced by a sudden shocking event.’
Cloisters, 14th April 2016
Source: www.cloisters.com
Court of Appeal rules on meaning of “inappropriate development” in Green Belt – Local Government Lawyer
‘The Court of Appeal has handed down a key ruling on the meaning of “inappropriate development” in the Green Belt.’
Local Government Lawyer, 25th April 2016
Source: www.localgovernmentlawyer.co.uk
Credit Hire Charges Remain in Protocol – Stage 3 Procedure Appropriate – Not Appropriate to Reallocate to Part 7 – Zenith PI Blog
‘In Phillips v Willis the Court of Appeal held that it was wrong in law and “irrational” for a claim proceeding via the low-value RTA Protocol to be reallocated to the small claims track simply because only hire charges remained in dispute. The claim should properly have been dealt with at a Stage 3 hearing.’
Zenith PI Blog, 25th April 2016
Source: www.zenithpi.wordpress.com
Supreme Court: ‘land bank’ was unauthorised collective investment scheme – OUT-LAW.com
‘A ‘land bank’ arrangement which sold small plots of land to investors at “hugely inflated prices” was an unauthorised collective investment scheme (CIS) which ought to have been regulated by the Financial Conduct Authority (FCA), the UK’s highest court has confirmed.’
OUT-LAW.com, 25th April 2016
Source: www.out-law.com
Asylum and immigration court fees set to rise by over 500% – The Guardian
‘Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.’
The Guardian, 21st April 2016
Source: www.guardian.co.uk
Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement
‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’
Free Movement, 25th April 2016
Source: www.freemovement.org.uk
CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures
‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’
Litigation Futures, 22nd April 2016
Source: www.litigationfutures.com
Replacing carpets owned by landlord was not breach of repair clause, says Court of Appeal – OUT-LAW.com
‘A commercial property tenant did not breach repair covenants set out in the lease when it replaced carpet tiles in the property with strip carpeting, the Court of Appeal has ruled, overturning the High Court’s decision.’
OUT-LAW.com, 21st April 2016
Source: www.out-law.com
Government plan for 500% increase in immigration and asylum fee sparks anger – The Independent
‘The Ministry of Justice has revealed plans to increase the cost for immigrants to appeal against Home Office decisions by up to 500 per cent.’
The Independent, 22nd April 2016
Source: www.independent.co.uk
