Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal of ruling that council must pay Japanese knotweed damages – Local Government Lawyer

Posted June 26th, 2023 in appeals, damages, housing, local government, news, nuisance, Supreme Court by sally

‘The Supreme Court has granted permission to appeal the decision in Davies v Bridgend County Borough Council [2023] EWCA Civ 80, which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Father in UK charged with rape made party to child’s care proceedings – The Guardian

‘A father without parental responsibility who has been charged with two counts of rape – and amid an allegation his son was conceived of rape – has won an appeal to be made party to care proceedings concerning the boy.’

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The Guardian, 25th June 2023

Source: www.theguardian.com

Dispute escalation clauses: lessons from the Court of Appeal – Local Government Lawyer

‘Nick McQueen and Inam Hasan highlight important lessons to learn from a recent Court of Appeal case in the construction sector on the enforceability and effect of dispute escalation clauses.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

Employment and “protected beliefs”: Higgs v Farmor’s School – Law & Religion UK

‘In Higgs v Farmor’s School [2023] EAT 89, Mrs Higgs worked as a pastoral administrator and work experience manager at Farmor’s School. Complaints were received about Facebook posts that she had made about relationship education in primary schools: in particular, she re-posted someone else’s post, heading it, “PLEASE READ THIS! THEY ARE BRAINWASHING OUR CHILDREN!” [5]. She also re-posted similar material. She accepted that her posts might have been seen by parents of pupils at Farmor’s School, though she pointed out that she had not mentioned the school itself [9].
She was suspended and, after a disciplinary investigation and an appeal, dismissed [16 & 17]. She took the school to an Employment Tribunal, arguing that her dismissal amounted either to direct discrimination because of her protected beliefs or to harassment relating to them.’

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Law & Religion UK, 20th June 2023

Source: lawandreligionuk.com

Appeal judges uphold law firm’s entitlement to £300,000 fixed fee – Legal Futures

Posted June 16th, 2023 in appeals, fees, law firms, news by sally

‘The Court of Appeal has upheld an award of £300,000 to a small central London law firm owed under a retainer which the client had claimed was not payable as the transaction it advised on did not go ahead.’

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Legal Futures, 16th June 2023

Source: www.legalfutures.co.uk

Litigant denied relief after court confused by ‘XXXX’ name – Law Society’s Gazette

Posted June 16th, 2023 in appeals, delay, injunctions, loans, names, news, time limits by sally

‘A litigant described as having a “relaxed and frankly reckless” approach to timely service of documents has been denied relief in the Court of Appeal.’

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Law Society's Gazette, 15th June 2023

Source: www.lawgazette.co.uk

Supreme Court to hear case on environmental impact assessments and downstream greenhouse gas emissions next week – Local Government Lawyer

‘The Supreme Court will next week (21-22 June) hear a case brought against Surrey County Council over whether the local authority acted unlawfully by not requiring an impact assessment of a proposed oil well’s impact on downstream greenhouse gas (GHG) emissions before granting planning permission.’

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Local Government Lawyer, 13th June 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court will not hear appeal on largest-ever group action – Legal Futures

‘The Supreme Court has refused mining giant BHP permission to appeal the Court of Appeal’s decision allowing the largest group action ever to go ahead.’

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Legal Futures, 12th June 2023

Source: www.legalfutures.co.uk

NEWS Hybrid claims appeal given permission to be heard in Supreme Court – Law Society’s Gazette

‘Multiple-injury motor claims with a bearing on thousands of other cases will be tested in the Supreme Court, it was confirmed today.’

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Law Society's Gazette, 7th June 2023

Source: www.lawgazette.co.uk

Julian Assange ‘dangerously close’ to US extradition after losing latest legal appeal – The Guardian

Posted June 9th, 2023 in appeals, extradition, news, whistleblowers by sally

‘Julian Assange is “dangerously close” to being extradited to the US after losing his latest legal appeal, his family and observers of his long-running legal challenge say.
His lawyers say they will appeal again to the same court, amid growing fears he could spend the rest of his life in prison for publishing thousands of classified military and diplomatic documents.’

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The Guardian, 9th June 2023

Source: www.theguardian.com

Court of Appeal on credibility, standard of proof and appellate court’s role – EIN Blog

Posted June 8th, 2023 in appeals, asylum, news, standard of proof, tribunals by sally

‘MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023). The central issue in this appeal was whether the Upper Tribunal was entitled to reach the conclusion that the appellant’s claim for international protection failed because of his lack of credibility.’

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EIN Blog, 7th June 2023

Source: www.ein.org.uk

Sex education: Protesters lose bid to appeal High Court judgment – BBC News

Posted June 8th, 2023 in appeals, education, human rights, judicial review, news, school children, Wales by sally

‘Campaigners against the Welsh government’s sex education curriculum have lost their bid to appeal against a High Court judgment.’

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BBC News, 7th June 2023

Source: www.bbc.co.uk

Claim against law firm lost by court can proceed, appeal judges rule – Legal Futures

Posted June 7th, 2023 in appeals, claims management, fees, judgments, law firms, news by sally

‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’

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Legal Futures, 7th June 2023

Source: www.legalfutures.co.uk

Supreme Court refuses to hear claim that council should have conducted Habitat Regulations Assessment before green-lighting farm expansion – Local Government Lawyer

‘The Supreme Court has refused to hear a case that alleged Herefordshire Council failed to carry out the proper habitat regulations assessments before giving planning permission for farm buildings bordering the River Wye catchment area.’

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Local Government Lawyer, 2nd June 2023

Source: www.localgovernmentlawyer.co.uk

Shared Ownership and Right to Manage – Nearly Legal

Posted May 31st, 2023 in appeals, landlord & tenant, leases, news by sally

‘This was the Court of Appeal judgment on a an appeal related to (but not from) the Upper Tribunal decision in Avon Ground Rents Ltd v Canary Gateway (Block A) RTM Company Ltd & Anor (2020) UKUT 358 (LC) (Our note here). At issue – and it is nice to have a Court of Appeal matter that is simply on a single point of law – was whether shared ownership leases where the lessee has a less than 100% share were long leases, and so qualifying tenants for the purposes of section 76 Commonhold and Leasehold Reform Act 2002.’

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Nearly Legal, 30th May 2023

Source: nearlylegal.co.uk

High Court gives green light to further grounds for challenge in ULEZ expansion judicial review – Local Government Lawyer

‘The High Court has allowed further grounds in the judicial review claim lodged by a coalition of London councils in opposition to the proposed expansion of the Ultra Low Emission Zone (ULEZ).’

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Local Government Lawyer, 30th May 2023

Source: www.localgovernmentlawyer.co.uk

Key issues in land disposal – Local Government Lawyer

Posted May 26th, 2023 in appeals, local government, news, planning, Supreme Court by sally

‘When local authorities dispose of land, there are several important legal issues for them to consider. A recent case considered by the Supreme Court showed the importance of considering one such issue – the duties associated with disposing of land consisting of open space, write Paul Hilsdon and Matthew Holtam.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

The power to withdraw under scrutiny in the Court of Appeal – Local Government Lawyer

‘In a judgment handed down on 10 May 2023, the Court of Appeal held that the Local Government and Social Care Ombudsman did not have a power to withdraw a report issued on completion of his investigation. Amy Tschobotko and Jason Tandy consider below the implications of the judgment for public bodies when discharging their functions, including when carrying out reviews and responding to legal challenges.’

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Local Government Lawyer, 26th May 2023

Source: www.localgovernmentlawyer.co.uk

Greater Manchester police won’t oppose appeal of man jailed for 17 years for rape – The Guardian

Posted May 25th, 2023 in appeals, DNA, news, police, rape by sally

‘Greater Manchester police will not oppose the appeal of a man who spent 17 years in prison for rape when no DNA linked him to the crime, the Guardian has learned.’

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The Guardian, 24th May 2023

Source: www.theguardian.com