New APIL head: Fixed costs will trigger decade of litigation – Legal Futures

Posted May 12th, 2023 in appeals, costs, negligence, news, personal injuries by tracey

‘The extension of fixed recoverable costs (FRCs) later this year will lead to “poor behaviours” by some parties and a decade of litigation to clarify how they work, the new president of the Association of Personal Injury Lawyers (APIL) has predicted.’

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Legal Futures, 12th May 2023

Source: www.legalfutures.co.uk

Murderer wins High Court case over transfer to open prison conditions – The Independent

Posted May 12th, 2023 in appeals, imprisonment, Ministry of Justice, murder, news, parole, prisons, sentencing by tracey

‘A former soldier who murdered a mother-of-three and dismembered her body has won a High Court challenge over his transfer to open prison conditions.’

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The Independent, 11th May 2023

Source: www.independent.co.uk

Judge orders woman to directly arrange childcare arrangements with rapist ex-husband – The Independent

‘A judge has been criticised for ordering a rape victim to directly arrange childcare with an ex-husband who subjected her to rape and domestic abuse.’

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The Independent, 11th May 2023

Source: www.independent.co.uk

High Court Considers Cart JR Ouster Clause – EIN Blog

‘Oceana, R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2023] EWHC 791 (Admin) is a High Court judgment on a preliminary issue as to jurisdiction in a claim for judicial review; essentially a ‘Cart JR’ following the partial ouster of the High Court’s ‘Cart’ jurisdiction by the coming into force of section 2 of the Judicial Review and Courts Act 2022 on 14 July 2022.’

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EIN Blog, 9th May 2023

Source: www.ein.org.uk

Judge allows appeal against decisions of city council over whether accommodation was unsuitable – Local Government Lawyer

Posted May 3rd, 2023 in appeals, burden of proof, homelessness, housing, local government, news by tracey

‘A homelessness appeal has been allowed on three out of four grounds on behalf of a man who was placed in unsuitable accommodation by Cambridge City Council.’

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Local Government Lawyer, 2nd May 2023

Source: www.localgovernmentlawyer.co.uk

Changing the narrative on neurodiversity: smoothing out the bumps in the road – Local Government Lawyer

‘Libby Hubbard looks at a recent Employment Appeal Tribunal case that considered whether a staff member’s behaviour and his disability were linked.’

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Local Government Lawyer, 28th April 2023

Source: www.localgovernmentlawyer.co.uk

High Court dismisses legal challenge over government failure to implement Care Act system for appeals against care and support decisions – Local Government Lawyer

Posted April 28th, 2023 in appeals, duty of care, judicial review, local government, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge to the Secretary of State for Health and Social Care’s decision not to make regulations for appeals against local authority decisions under Part 1 of the Care Act 2014.’

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Local Government Lawyer, 27th April 2023

Source: www.localgovernmentlawyer.co.uk

Judgment reserved in dispute over when honey is “raw honey” – Local Government Lawyer

Posted April 26th, 2023 in appeals, EC law, food, judgments, labelling, local government, news by sally

‘Judgment has been reserved in an appeal over a London borough’s service of an improvement notice under the Food Information Regulations 2014, it has been reported.’

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Local Government Lawyer, 25th April 2023

Source: www.localgovernmentlawyer.co.uk

No surrender – Nearly Legal

Posted April 24th, 2023 in appeals, housing, landlord & tenant, local government, news by tracey

‘City of Westminster Council v Kazam & Anor (2023) EWHC 825 (KB). It is always the joint tenancies that cause problems. This was an appeal of a first instance decision dismissing a claim for possession by Westminster and declaring that Mr Rahimi had succeeded to a secure tenancy. It all turned on whether there had been a surrender and regrant of the tenancy to Mr Rahimi’s grandmother, Mrs Hussain.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Local authority serving notices – requirements – Nearly Legal

‘Birmingham City Council v Bravington (2023) EWCA Civ 308. A quick one – A possession claim under s.84A Housing Act 1985 requires service of a notice under section 83ZA. In this case.’

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Nearly Legal, 23rd April 2023

Source: nearlylegal.co.uk

Barrister fails in appeal over discrimination claim against chambers – Legal Futures

‘An employment tribunal (ET) did not show bias in dismissing a claim brought by a black barrister against his chambers, an appeal tribunal has ruled.’

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Legal Futures, 24th April 2023

Source: www.legalfutures.co.uk

Police force wrong to dismiss ex-MP’s ‘vexatious’ FOI requests – Law Society’s Gazette

Posted April 24th, 2023 in appeals, freedom of information, harassment, news, police by tracey

‘A police force was wrong to dismiss as vexatious freedom of information requests from a disgraced former MP, an appeal has ruled. Overturning a decision by the information commissioner, the Information Rights Tribunal reminded South Yorkshire Police that the way to avoid being chased for missing a deadline is not to miss it in the first place.’

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Law Society's Gazette, 21st April 2023

Source: www.lawgazette.co.uk

Crucial hearing in Mastercard litigation begins – Law Society’s Gazette

‘The Competition Appeal Tribunal is set to hear arguments today on a complex EU law issue worth billions of pounds in proceedings against credit card providers, Mastercard and Visa.’

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Law Society's Gazette, 24th April 2023

Source: www.lawgazette.co.uk

Rwanda legal battle back in court as judges reconsider whether scheme is lawful – The Independent

‘The next stage of the legal battle over the Rwanda deal will begin today, with the Court of Appeal to reconsider if it is safe to send asylum seekers to the country.’

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The Independent, 24th April 2023

Source: www.independent.co.uk

Court of Appeal quashes council direction requiring travellers to leave site – Local Government Lawyer

Posted April 21st, 2023 in appeals, judicial review, local government, news, notification, travellers by tracey

‘Thanet District Council failed to give notice to a Pavee Traveller and her family that it had withdrawn consent for them to stay on land at Ramsgate Port in Kent, before issuing a direction demanding they leave, the Court of Appeal has ruled.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

Adequacy of reasons and the approach to clarification – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the adequacy of reasons in a judgment in care proceedings, and the approach that should be taken to clarification, writes Jennifer Youngs.’

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Local Government Lawyer, 21st April 2023

Source: www.localgovernmentlawyer.co.uk

First-Tier Tribunal Finds Jamiyate Ulamaye Islam and Hefazat-e-Islam Activist in the UK at Risk of Persecution in Bangladesh – EIN Blog

Posted April 20th, 2023 in appeals, asylum, Bangladesh, news, political parties, refugees, tribunals by sally

‘A recent Immigration and Asylum First-tier Tribunal appeal involving a Bangladeshi political activist has highlighted the dangers faced by opposition figures in the country and the importance of providing asylum to those in need of protection. According to the UNHCR Global Trends Report 2021, there are currently 26 million refugees worldwide, with more than 80% hosted in developing countries.’

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EIN Blog, 19th April 2023

Source: www.ein.org.uk

Case Comment: Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted April 19th, 2023 in appeals, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, comments on the Supreme Court’s decision in Moulsdale t/a Moulsdale Properties v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 12, which was handed down on 22 March 2023. The issue before the Supreme Court was broadly whether a sale of property by the appellant (“Moulsdale”) should be treated as exempt from VAT under the Value Added Tax Act 1994 (“VATA”), Sch 10.’

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UKSC Blog, 19th April 2023

Source: ukscblog.com

London borough defeats legal challenge to use of remote licensing hearings – Local Government Lawyer

‘A Magistrates’ Court has ruled that neither the Licensing Act 2003 nor the Licensing Act (Hearings) Regulations 2005 require hearings to be held in a physical “place”, in a case that challenged the London Borough of Lewisham’s use of a remote hearing procedure to revoke a premises’ license.’

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Local Government Lawyer, 18th April 2023

Source: www.localgovernmentlawyer.co.uk

Adjoining owners and Party Wall Act awards – Local Government Lawyer

Posted April 17th, 2023 in appeals, local government, news, party walls, surveyors by tracey

‘The Court of Appeal has ruled that Party Wall Act awards cannot be imposed on building owners by adjoining owners. Michael Paget analyses the judgment.’

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Local Government Lawyer, 14th April 2023

Source: www.localgovernmentlawyer.co.uk