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.’

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New Square Chambers, 29th March 2022

Source: www.newsquarechambers.co.uk

Cooke v Northwood (Solihull) Ltd; Northwood (Solihull) Ltd v Fearn [2022] EWCA Civ 40 – Lamb Chambers

Posted April 7th, 2022 in appeals, chambers articles, company law, deposits, landlord & tenant, news by sally

‘The Court of Appeal answered the questions of whether an agent is able to sign (i) a certificate required as part of the prescribed information relating to tenancy deposits , (ii) a section 8 notice and it reiterated the position on statutory requirements and the validity of notices more generally.’

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Lamb Chambers, March 2022

Source: www.lambchambers.co.uk

Case Comment: R (on the application of Z) v Hackney LBC [2020] UKSC 40 – UKSC Blog

‘The narrow result of this appeal is that, on the facts, it was proportionate and lawful for a charity to restrict the allocation of its housing stock to Orthodox Jewish families. However, in reaching that conclusion, Lord Sales, giving the leading judgment, made a number of points of wider importance.’

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UKSC Blog, 4th April 2022

Source: ukscblog.com

Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022

Source: www.4kbw.co.uk

Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

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UKSC Blog, 5th April 2022

Source: ukscblog.com

Service and admin charges – from the Upper Tribunal – Nearly Legal

‘The First Tier Tribunal had been wrong to grant dispensation from section 20 consultation requirements on the basis that the freeholder “had started the consultation process and had kept the leaseholders of flats in the block informed until the works became sufficiently urgent that the respondent had had to carry them out without waiting for the consultation to be completed.”’

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Nearly Legal, 3rd April 2022

Source: nearlylegal.co.uk

Court of Appeal allows appeal over placement order after judicial analysis “fell significantly short” – Local Government Lawyer

‘The Court of Appeal has overturned a decision to make a placement order for an 18-month-old boy after finding that the judicial analysis “fell significantly short”.’

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Local Government Lawyer, 31st March 2022

Source: www.localgovernmentlawyer.co.uk

Dominic Raab to appeal after Tracey Connelly, mother of Baby P, granted parole – Daily Telegraph

‘Justice Secretary to ask Parole Board to reconsider decision to free 40-year-old, jailed for ‘causing or allowing’ death of her son.’

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Daily Telegraph, 30th March 2022

Source: www.telegraph.co.uk

High court overturns acquittal of HS2 protester after appeal by prosecution – The Guardian

Posted March 31st, 2022 in appeals, Crown Prosecution Service, demonstrations, news, railways, trespass by sally

‘The high court has directed that a protester against the HS2 rail line who was originally acquitted of aggravated trespass should be convicted after an appeal by the director of public prosecutions.’

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The Guardian, 30th March 2022

Source: www.theguardian.com

Employers can take action against striking workers, Court of Appeal decides – OUT-LAW.com

‘The English and Welsh Court of Appeal has reasserted the previously held view that protection against detriment on the grounds of “trade union activities” does not extend to strike action.’

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OUT-LAW.com, 29th March 2022

Source: www.pinsentmasons.com

Supreme Court agrees to hear case where town council sold land subject to statutory trust without complying with statutory requirements – Local Government Lawyer

Posted March 29th, 2022 in appeals, local government, news, planning, sale of land, trusts by sally

‘The Supreme Court has granted permission to appeal in a dispute over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

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Local Government Lawyer, 29th March 2022

Source: www.localgovernmentlawyer.co.uk

Fixed term secure tenancies and forfeiture – Nearly Legal

‘Croydon London Borough Council v Kalonga (2022) UKSC 7. In which the Supreme Court considered the position on termination of “flexible tenancies” – fixed term secure tenancies – during the fixed term. We saw the Court of Appeal judgment dismissing Croydon’s appeal of the dismissal of its possession claim. Croydon then appealed to the Supreme Court.’

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Nearly Legal, 27th March 2022

Source: nearlylegal.co.uk

Court of Appeal issues reminder that funding arrangements need to comply with strict rules – OUT-LAW.com

Posted March 28th, 2022 in appeals, assignment, champerty, damages, law firms, news, solicitors by tracey

‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’

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OUT-LAW.com, 25th March 2022

Source: www.pinsentmasons.com

Barrister sanctioned for “offensive” Muslim tweet wins appeal – Legal Futures

‘A Bar Standards Board (BSB) panel applied too low a threshold in sanctioning a barrister for a tweet about Muslims that it said would cause offence, a tribunal has ruled.’

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Legal Futures, 28th March 2022

Source: www.legalfutures.co.uk

Greater Manchester: Bus firm appeals against public control ruling – BBC News

Posted March 28th, 2022 in appeals, consultations, judicial review, local government, news, transport by tracey

‘A bus operator that lost a legal battle to stop Greater Manchester’s bus network returning to public control is appealing against the ruling.’

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BBC News, 27th March 2022

Source: www.bbc.co.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

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Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

Extinction Rebellion vicar protester has conviction quashed – BBC News

‘A vicar who took part in a peaceful Extinction Rebellion demonstration outside a Ministry of Defence site has had her conviction quashed.’

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BBC News, 24th March 2022

Source: www.bbc.co.uk

Second conviction quashed on appeal in Iraq ‘bribery’ case – The Independent

Posted March 25th, 2022 in appeals, bribery, conspiracy, Iraq, news, Serious Fraud Office by tracey

‘A second man jailed for three and a half years over a multimillion-dollar bribery conspiracy to secure oil infrastructure contracts in Iraq has had his conviction quashed by the Court of Appeal.’

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The Independent, 24th March 2022

Source: www.independent.co.uk

Former boyfriend who kidnapped Angel Lynn has sentence increased – The Guardian

‘The former boyfriend of a woman who was left with catastrophic brain injuries when she fell out of a van he had bundled her into has had his prison sentence increased.’

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The Guardian, 23rd March 2022

Source: www.theguardian.com

Two new cases where parents try to stop adoptions – Transparency Project

‘This post is about two recent judgments with a similar theme – attempts by birth parents to stop an adoption going through, on the legal basis of caselaw interpretation of the Adoption and Children Act 2002 that their circumstances had changed and that the original welfare decision and plan therefore need reconsidering. One, Re D, is a decision on leave to apply to revoke placement orders and the second, Re A and B, is a decision on opposing adoption orders. This means that the children in Re D are not yet living with prospective adopters, although the children in Re A and B are.’

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Transparency Project, 20th March 2022

Source: www.transparencyproject.org.uk