The Second Appeals Test in Immigration Law – Richmond Chambers

‘In this post, we explain the Second Appeals test and note some recent developments in the area.’

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Richmond Chambers, 14th February 2020

Source: immigrationbarrister.co.uk

Sexual assault in the family courts – a practical approach – Parklane Plowden

‘Looking at the issue of consent and considering how these cases should be approached following the decision in H v F [2020] EWHC 86 (fam).’

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Parklane Plowden, 18th February 2020

Source: www.parklaneplowden.co.uk

Home Office to release information about detainees’ access to lawyers – The Guardian

‘The Home Office has agreed to release information about whether it has deported immigration detainees who did not have access to working phones to contact their lawyers.’

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The Guardian, 18th February 2020

Source: www.theguardian.com

‘Outdated family-court rape views need addressing’ – BBC News

Posted February 19th, 2020 in appeals, consent, domestic violence, families, family courts, judges, news, rape, sexual offences by sally

‘A judge who dismissed a woman’s claim she had been raped, as she had done “nothing physically” to stop the alleged perpetrator, is among a number of family court judges to hold “outdated views”, a joint letter says.’

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BBC News, 19th February 2020

Source: www.bbc.co.uk

Actual Use, Lawful Use and Ancillary Use – when designating Assets of Community Value – Exchange Chambers

‘Towards the end of last year, the General Regulatory Chamber of the First-Tier Tribunal (‘FTT’) determined an appeal by the owner of a 46-acre greenfield site against the decision of the local authority, Winchester City Council, to list the land as an Asset of Community Value (‘ACV’).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Appeal Court rules Islamic marriages invalid in UK – BBC News

Posted February 17th, 2020 in appeals, divorce, Islam, islamic law, marriage, news by sally

‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’

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BBC News, 14th February 2020

Source: www.bbc.co.uk

Removal of life support after brain stem death held lawful – UK Human Rights Blog

‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’

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UK Human Rights Blog, 14th February 2020

Source: ukhumanrightsblog.com

Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers

‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers

‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

The Use (and Abuse) of Section 73 – Exchange Chambers

Posted February 14th, 2020 in appeals, chambers articles, energy, jurisdiction, local government, news, planning by sally

‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’

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Exchange Chambers, 12th February 2020

Source: www.exchangechambers.co.uk

Judges rule that doctors can stop providing life-support treatment to brain-damaged baby – Daily Telegraph

Posted February 14th, 2020 in appeals, birth, children, doctors, families, hospitals, medical treatment, news by sally

‘A couple who want doctors to keep treating their brain-damaged baby son have lost a Court of Appeal fight.’

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Daily Telegraph, 14th February 2020

Source: www.telegraph.co.uk

Re W – a successful appeal against a placement and care order (and a costs order against the LA) – Transparency Project

Posted February 14th, 2020 in adoption, appeals, care orders, children, costs, families, fostering, local government, news by sally

‘The appellant is the great-aunt of J, a child who was the focus of care proceedings that began in 2017. J’s mother accepted early on that she could not care for him and the proceedings focused on assessment of his great-aunt instead. Throughout the care proceedings the great-aunt was unrepresented (and for most of it, not a party). She is a formidable woman.’

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Transparency Project, 13th February 2020

Source: www.transparencyproject.org.uk

Employees and child protection issues – Local Government Lawyer

‘The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.’

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Local Government Lawyer, 14th February 2020

Source: www.localgovernmentlawyer.co.uk

Adjacent flats: a new installation for Tate Modern? – UK Human Rights Blog

Posted February 14th, 2020 in appeals, housing, injunctions, news, nuisance, planning by sally

‘The Court of Appeal has just dismissed the actions in nuisance by residents of flats adjacent to the the Tate Modern art gallery on the south bank of the River Thames in central London. (Disclaimer: the author of this post has just moved into an apartment in the area but has no association with the flats or the residents central to this appeal.)’

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UK Human Rights Blog, 13th February 2020

Source: ukhumanrightsblog.com

Tate Modern privacy row residents dealt legal blow – BBC News

Posted February 13th, 2020 in appeals, injunctions, news, nuisance, privacy by tracey

‘Flat owners overlooked by Tate Modern visitors on a viewing platform have been dealt a legal blow in a row over their privacy. Residents of Neo Bankside want to stop “hundreds of thousands of visitors” watching them from the platform. But the Court of Appeal has dismissed their claim to privacy saying they should “lower their solar blinds”.’

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BBC News, 12th February 2020

Source: www.bbc.co.uk

Teenager who murdered student because she was dressed as a goth has sentence cut – The Independent

Posted February 13th, 2020 in appeals, murder, news, sentencing, young offenders by tracey

‘One of the teenage killers who murdered a student because she dressed as a goth has had his minimum jail sentence cut by one year.’

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The Independent, 12th February 2020

Source: www.independent.co.uk

R (Jalloh (Liberia)) v Secretary of State for the Home Department [2020] UKSC 4 – UKSC Blog

‘This appeal was about the law on damages for false imprisonment. It required the Supreme Court to consider the meaning of imprisonment at common law and whether this should be aligned with the concept of deprivation of liberty under the European Convention on Human Rights.’

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UKSC Blog, 12th February 2020

Source: ukscblog.com

Challenging a Settled Status decision – Richmond Chambers

Posted February 12th, 2020 in appeals, brexit, EC law, immigration, judicial review, news by sally

‘The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.’

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Richmond Chambers, 5th February 2020

Source: immigrationbarrister.co.uk

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

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Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

Case Preview: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire – UKSC Blog

‘This case concerns the standard of proof applicable in inquest proceedings in cases of alleged suicide. It raises important and fundamental questions concerning the conduct of inquests, and will be of particular significance to bereaved families where the deceased is alleged to have committed suicide while in the care or custody of the state. The Supreme Court may also consider the position in relation to findings of unlawful killing.’

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UKSC Blog, 7th February 2020

Source: ukscblog.com