Rent Repayment Orders in the Upper Tribunal again. – OUT-LAW.com

Posted October 11th, 2022 in appeals, houses in multiple occupation, news, rent, repayment by sally

‘A couple of appeals on rent repayment orders. The first confirming the UT’s approach to assessing what proportion of rent an RRO should be made for. The second on whether someone could be said to be in control or managing an unlicensed HMO where it was not clear or evidenced that the person received a rack rent.’

Full Story

OUT-LAW.com, 5th October 2022

Source: nearlylegal.co.uk

Understanding the risk of discharge of duty – Nearly Legal

Posted October 11th, 2022 in appeals, housing, interpreters, local government, news by sally

‘Our grateful thanks to Angharad Monk of Garden Court (and instructing solicitor Anne Spowart of Morrison Spowart) for this note of judgment in a section 204 Housing Act 1996 appeal of Waltham Forest’s decision to discharge duty. Mekonen v LB Waltham Forest, County Court at Central London, 8 August 2022.’

Full Story

Nearly Legal, 9th October 2022

Source: nearlylegal.co.uk

Damage to statues and ECHR rights – Local Government Lawyer

‘The Court of Appeal has concluded in the Attorney General’s referral of the jury acquittal of the Colston 4 that ECHR rights were not engaged where damage to property was criminal. Rosalind English analyses the ruling.’

Full Story

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

Full Story

Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal concludes in AG referral of jury acquittal of Colston 4 that ECHR rights were not engaged where damage to property was criminal – UK Human Rights Blog

‘Four defendants were acquitted by a jury in Bristol Crown Court following their trial for allegations of criminal damage on 7 June 2020 to a statue of the English merchant Edward Colston (1636-1721). The story has been widely covered elsewhere so I will limit this post to a discussion of the reference itself.’

Full Story

UK Human Rights Blog, 4th October 2022

Source: ukhumanrightsblog.com

Specificity in the context of “education otherwise than at school” – Local Government Lawyer

Posted September 30th, 2022 in appeals, children, disabled persons, education, local government, news, tribunals by michael

‘Holly Littlewood analyses a recent case concerning specificity in the context of “education otherwise than at school” (EOTAS), and an unlawful delegation of responsibility for determining special educational provision in an Education, Health and Care Plan (EHCP).’

Full Story

Local Government Lawyer, 30th Septembr 2022

Source: www.localgovernmentlawyer.co.uk

Colston four: protesters cannot rely on ‘human rights’ defence, top judge rules – The Guardian

Posted September 29th, 2022 in appeals, criminal damage, demonstrations, human rights, monuments, news, violence by sally

‘Protesters accused of “significant” criminal damage cannot rely on human rights protections when on trial, the court of appeal has said.’

Full Story

The Guardian, 28th September 2022

Source: www.theguardian.com

Bristol Colston statue toppling was ‘violent act’, say judges – BBC News

Posted September 28th, 2022 in appeals, criminal damage, demonstrations, human rights, monuments, news, violence by michael

‘The toppling of a statue of slave trader Edward Colston was a “violent” act, appeal court judges have ruled.

They also ruled human rights protections were not available as a defence to the so-called Colston Four, who were acquitted of criminal damage.’

Full Story

BBC News, 28th September 2022

Source: www.bbc.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

Parents of Madeleine McCann face substantial legal costs after losing libel battle – Daily Telegraph

‘European Court rejects Kate and Gerry McCann’s appeal over allegations in Portuguese detective’s 2008 book.”

Full Story

Daily Telegraph, 20th October 2022

Source: www.telegraph.co.uk

Unfavourable Treatment and section 15 Equality Act 2010 – Local Government Lawyer

‘Peter Doughty unpacks the decision in Michael Cowie and Others v Scottish Fire and Rescue Service [2022] EAT 121, which involved a Special Leave scheme set up during the pandemic.’

Full Story

Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Failure to remove claims now harder to strike out – Local Government Lawyer

‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’

Full Story

Local Government Lawyer, 16th September 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

Full Story

UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

Full Story

Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Judge to consider trans charity’s appeal to strip LGB Alliance of legal status – The Guardian

Posted September 9th, 2022 in appeals, charities, Charity Commission, gender, homosexuality, news, transgender persons by sally

‘A judge will consider an appeal by the trans rights charity Mermaids on Friday against the Charity Commission’s decision to award charitable status to the new gay rights organisation LGB Alliance. It is understood to be the first time one charity has attempted to strip legal status from another.’

Full Story

The Guardian, 9th September 2022

Source: www.theguardian.com

Joint Enterprise Bill Passes First Hearing – Each Other

Posted September 8th, 2022 in appeals, bills, joint enterprise, news, remand by sally

‘On 6 September a Private Members’ Bill calling for fairer appeal processes passed its first reading in the House of Commons. The Criminal Appeal (Amendment) Bill or ‘Joint Enterprise’ Bill, calls for a fairer appeals process for those who remain detained on remand and convicted by joint enterprise will now progress to a second reading later this year. The landmark Bill will help those detained by joint enterprise to invoke their right to a fair trial, which is enshrined in the Human Rights Act (HRA).’

Full Story

Each Other, 7th September 2022

Source: eachother.org.uk

Camelot drops UK national lottery legal challenge – The Guardian

Posted September 7th, 2022 in appeals, gambling, licensing, news by sally

‘Camelot has dropped its appeal against a legal ruling over the handover of its licence to operate the UK’s national lottery to its rival Allwyn.’

Full Story

The Guardian, 6th September 2022

Source: www.theguardian.com

Ex-director given another chance to appeal eight-year-old ET judgment – Law Society’s Gazette

‘The High Court has granted more time for a former law firm director to challenge a coruscating judgment against her more than eight years after it was handed down.’

Full Story

Law Society's Gazette, 2nd September 2022

Source: www.lawgazette.co.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by sally

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

Full Story

The Guardian, 5th September 2022

Source: www.theguardian.com

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

Full Story

Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk