Freedom of Information Act does not allow aggregation of separate public interests in maintaining different exemptions when weighing them against public interest in disclosure: Upper Tribunal – Local Government Lawyer

‘The Freedom of Information Act 2000 (“FOIA”) does not permit aggregation of the separate public interests in favour of maintaining different exemptions when weighing the maintenance of the exemptions against the public interest which favours disclosure of the information sought, the Upper Tribunal has ruled.’

Full Story

Local Government Lawyer, 5th May 2022

Source: www.localgovernmentlawyer.co.uk

Capacity to litigate – Family Law

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

Full Story

Family Law, 5th May 2022

Source: www.familylaw.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

Full Story

Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Landmark puberty-blocking drugs ruling will not be challenged at Supreme Court – The Independent

‘A landmark ruling over the use of puberty-blocking drugs for children with gender dysphoria will not be challenged at the Supreme Court.’

Full Story

The Independent, 5th May 2022

Source: www.independent.co.uk

Five killers including triple murderer who smothered his baby have jail terms reviewed by judges – The Independent

Posted May 5th, 2022 in appeals, child abuse, domestic violence, murder, news, sentencing by sally

‘Five notorious killers including Sarah Everard’s murderer and a father who smothered his own baby daughter are having their sentences reviewed by senior judges.’

Full Story

The Independent, 5th May 2022

Source: www.independent.co.uk

Supreme Court to consider rent repayment order regime and superior landlords – Local Government Lawyer

‘The Supreme Court has granted permission to appeal in a case concerning the Rent Repayment Order regime in the Housing Act 2004 and Housing and Planning Act 2016, it has been reported.’

Full Story

Local Government Lawyer, 4th May 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court grants permission to appeal over gang injunction secured by council – Local Government Lawyer

‘The Supreme Court has agreed to hear an appeal over whether a gang injunction obtained by Birmingham City Council breached human rights law.’

Full Story

Local Government Lawyer, 3rd May 2022

Source: www.localgovernmentlawyer.co.uk

Case Preview: Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc – UKSC Blog

Posted April 27th, 2022 in appeals, banking, damages, debts, insolvency, liquidators, news, Supreme Court by sally

‘On 19 January 2022, the Supreme Court heard the appeal in Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc. The appeal turns on whether a company in liquidation can be considered to have suffered loss where, while it is still trading, its bank pays money out of the company’s accounts to discharge debts owed by the company. It is likely that this case will further set out the limits of the Quincecare duty, following a spate of recent high-profile cases in this area.’

Full Story

UKSC Blog, 26th April 2022

Source: ukscblog.com

The “unduly harsh” test considered further by Court of Appeal – EIN Blog

‘The question of how to determine whether or not the deportation of a foreign national convicted of criminal offending is a disproportionate interference in the family life that they may share with their partner or child has been explored in a series of cases, including the leading decisions of KO (Nigeria) (Appellant) v Secretary of State for the Home Department [2018] UKSC 53 and HA (Iraq) [2020] EWCA Civ 1176 and has been discussed in detail on the UK Human Rights blog here, here and here.’

Full Story

EIN Blog, 26th April 2022

Source: www.ein.org.uk

Case Comment: Her Majesty’s Attorney General v Crosland [2021] UKSC 58 – UKSC Blog

‘Mr Crosland appealed against a decision of the Supreme Court in which he was ordered to pay a fine of £5,000 to HM Paymaster General, and costs of a further £15,000, for contempt of court. The court at first instance (“First Instance Panel”) was satisfied that Mr Crosland committed contempt of court by disclosing the outcome of the court’s judgment in R (on the application of Friends of the Earth) v Heathrow Airport Ltd [2020] UKSC 52 (“Heathrow Judgment”) whilst still in draft and subject to embargo.’

Full Story

UKSC Blog, 26th April 2022

Source: ukscblog.com

Supreme Court to issue ruling next week on lawfulness of voter ID pilot schemes – Local Government Lawyer

‘The Supreme Court will next week (27 April) issue its ruling on whether the voter identification (“ID”) pilot schemes that were implemented in the May 2019 local government elections were lawful.’

Full Story

Local Government Lawyer, 21st April 2022

Source: www.localgovernmentlawyer.co.uk

Harassment in employment?: Ali v Heathrow Express – Law & Religion UK

‘Anis Ali, a Muslim, worked for the Heathrow Express which was at the relevant time run by the first respondent, Heathrow Express Operating Company Ltd. The second respondent, Redline Assured Security Ltd, was responsible for carrying out security checks at the airport and the Heathrow Express stations. The checks involved creating and leaving suspicious objects to test how security officers responded to them, and in August 2017 it carried out a test using a bag containing a box, some electric cable and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. Subsequently, the Operating Company sent an e-mail reporting on the results of the test and including images of the bag and the note to a group of employees – including Mr Ali.’

Full Story

Law & Religion UK, 19th April 2022

Source: lawandreligionuk.com

Barrister with council tax conviction fails in disbarment appeal – Legal Futures

Posted April 19th, 2022 in appeals, barristers, council tax, disciplinary procedures, disclosure, fraud, news by sally

‘The High Court has rejected an appeal from a barrister disbarred after a council tax conviction and submission of dishonest evidence to a Crown Court.’

Full Story

Legal Futures, 19th April 2022

Source: www.legalfutures.co.uk

Edward Colston statue case sent to Court of Appeal – BBC News

‘The acquittal of four people on trial for toppling Bristol’s Edward Colston statue has prompted the attorney general to contact the Court of Appeal.’

Full Story

BBC News, 13th April 2022

Source: www.bbc.co.uk

High court denies Met permission to challenge ruling on Sarah Everard vigil – The Guardian

‘The Metropolitan police has been refused permission for a “hopeless” appeal against a high court ruling that found the force breached the rights of organisers of a vigil for Sarah Everard in south London last year.’

Full Story

The Guardian, 11th April 2022

Source: www.theguardian.com

Financial Provision for Adult Children: What Constitutes a ‘Special Circumstance’ under Schedule One after UD v DN [2021] EWCA Civ 1947, [2021] 1 WLR 595 – Family Law Week

Posted April 11th, 2022 in appeals, children, divorce, families, financial provision, news, trusts by tracey

‘Zoe Harrison, pupil barrister at One King’s Bench Walk, explores Moylan LJ’s judgment and its focus on the importance of dependence.’

Full Story

Family Law Week, 29th March 2022

Source: www.familylawweek.co.uk

What’s the use of a property guardian? – Gatehouse Chambers

Posted April 8th, 2022 in appeals, chambers articles, housing, news, rent, statutory interpretation by sally

‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’

Full Story

Gatehouse Chambers, 30th March 2022

Source: gatehouselaw.co.uk

Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings

Posted April 8th, 2022 in appeals, chambers articles, evidence, expert witnesses, families, news, probate, wills by sally

‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’

Full Story

St John's Buildings, 4th April 2022

Source: stjohnsbuildings.com

Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers

‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’

Full Story

Littleton Chambers, 21st March 2022

Source: littletonchambers.com

Hudson v Hathway – No Detriment, No Problem? [2022] EWHC 631 (QB) – New Square Chambers

‘James Saunders provides in-depth commentary on the recent appeal decision in Hudson v Hathway [2022] EWHC 631 (QB) which considered the role of detriment (or lack thereof) in joint name co-habitation cases. Hudson is important reading for those advising upon trust of land disputes but may need to be viewed cautiously.’

Full Story

New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk