UK Supreme Court backs telecoms firms in Electronic Communications Code dispute – OUT-LAW.com

Posted June 24th, 2022 in appeals, news, Supreme Court, telecommunications by sally

‘The UK Supreme Court has largely backed providers of telecommunications infrastructure in three cases to do with the extent of their rights under the revised Electronic Communications Code (“the Code”) to acquire additional Code rights over land that they do not own.’

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OUT-LAW.com, 23rd June 2022

Source: www.pinsentmasons.com

Crucifixes, neck-chains and food hygiene: Kovalkovs – Law & Religion UK

‘In Mr J Kovalkovs v 2 Sisters Food Group Limited [2022] UKET 4102454/2020, Mr Kovalkovs, an Orthodox Christian, was a quality inspector in 2 Sisters Food Group’s chicken processing factory. He wore a silver crucifix on a neck-chain as an expression of his faith. 2 Sisters’ Foreign Body Control policy stated that “jewellery must not be worn in the production areas on site, with the exception of a single plan band ring”. An exception was made for religious jewellery, subject to a risk assessment; however, the risk assessment concluded that “because the chain was made of links there was a risk of contamination” and there was a potential for “entanglement, entrapment or tearing”. Mr Kovalkovs refused to give up wearing his crucifix and was dismissed.’

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Law & Religion UK, 21st June 2022

Source: lawandreligionuk.com

Archie Battersbee’s family can appeal life-support ruling – BBC News

Posted June 21st, 2022 in appeals, children, consent, families, hospitals, medical treatment, news by sally

‘The parents of a 12-year-old boy have been given the right to appeal against the decision to allow his life-support treatment to end.’

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BBC News, 20th June 2022

Source: www.bbc.co.uk

Unlawful eviction – but landlord not liable – Nearly Legal

‘Brem v Murray & Marchant (2022) EWHC 1479 (QB). An appeal judgment from a first instance judgment on a claim for unlawful eviction, which deals with the landlord’s liability for the unlawful eviction that had taken place.’

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Nearly Legal, 19th June 2022

Source: nearlylegal.co.uk

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

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Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

Archie Battersbee: Family of boy ruled dead seeks appeal – BBC News

Posted June 20th, 2022 in accidents, appeals, children, doctors, families, hospitals, medical treatment, news by sally

‘The mother of a 12-year-old boy in a coma said she has told him they face “the biggest battle of our lives” as they seek to appeal against a ruling his life support treatment should stop.’

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BBC News, 20th June 2022

Source: www.bbc.co.uk

What is the European Court of Human Rights? Key questions as Rwanda flight grounded – The Independent

‘The first deportation flight of migrants to Rwanda was cancelled at the last minute on Tuesday night following interventions from the European Court of Human Rights.’

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The Independent, 15th June 2022

Source: www.independent.co.uk

Court of Appeal to consider appeal from council over whether cost of holidays and recreation for people with care needs can fall to be met under Care Act 2014 – Local Government Lawyer

Posted June 15th, 2022 in appeals, benefits, disabled persons, holidays, local government, news by sally

‘The Court of Appeal will this week (16 June) will this week consider the role of local authorities, under the Care Act 2014, in respect of facilitating holidays and recreation for people with care needs.’

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Local Government Lawyer, 14th June 2022

Source: www.localgovernmentlawyer.co.uk

Rwanda deportation flight at risk despite loss of two late appeals – The Guardian

Posted June 14th, 2022 in airlines, appeals, asylum, deportation, injunctions, news by sally

‘Two last-ditch legal challenges that attempted to halt the inaugural flight carrying asylum seekers to Rwanda have been rejected by judges.’

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The Guardian, 13th June 2022

Source: www.theguardian.com

Lord Reed, Donoghue v Stevenson – Supreme Court

‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’

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Supreme Court, 6th June 2022

Source: www.supremecourt.uk

COVID-19 and return-to-work refusers – Local Government Lawyer

‘Adele Shortman analyses the first significant COVID dismissal case to be heard in the Employment Appeal Tribunal.’

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Local Government Lawyer, 10th June 2022

Source: www.localgovernmentlawyer.co.uk

Supreme Court to rule next week on appellate courts, proportionality assessments and care orders – Local Government Lawyer

‘The Supreme Court will next week (15 June) hand down its ruling on whether, when an appellate court reviews a first instance decision concerning the proportionality of orders made under the courts’ obligations under the Human Rights Act 1998, it is necessary for the appellate court to undertake its own proportionality assessment of that decision.’

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Local Government Lawyer, 9th June 2022

Source: www.localgovernmentlawyer.co.uk

Housing case law update – May 2022 – Local Government Lawyer

‘Steven Wood, Kelly Lloyd and Sumi Begum analyse the latest housing law judgments of interest to housing associations and local authorities.’

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Local Government Lawyer, 6th June 2022

Source: www.localgovernmentlawyer.co.uk

Hands off our park: Shrewsbury takes its council to the supreme court – The Guardian

Posted June 6th, 2022 in appeals, housing, local government, news, parks, planning, Supreme Court by sally

‘Row over Greenfields recreation ground could be a test case on selling English public land for housing.’

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The Guardian, 5th June 2022

Source: www.theguardian.com

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

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UKSC Blog, 25th May 2022

Source: ukscblog.com

Lessons in dishonesty – 1 Crown Office Row

Posted May 27th, 2022 in appeals, chambers articles, deceit, doctors, news, professional conduct by sally

‘Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases involved the three types of appeal that can bring a disciplinary/regulatory case before the High Court.’

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1 Crown Office Row, 24th May 2022

Source: 1corqmlr.com

Supreme Court maintains SRA costs protection for failed prosecutions – Legal Futures

‘The Supreme Court has upheld the principle that costs should only be awarded against the Solicitors Regulation Authority (SRA) in unsuccessful prosecutions where there is good reason to do so.’

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Legal Futures, 26th May 2022

Source: www.legalfutures.co.uk

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Case Management Order unintentionally struck out claim – 3PB

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

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3PB, 3rd May 2022

Source: www.3pb.co.uk