Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

Tinder rapist Tom Rodwell’s jail sentence ‘not unduly lenient’ – BBC News

Posted February 17th, 2022 in appeals, news, rape, sentencing by sally

‘A multiple rapist who attacked five women he met on the dating app Tinder will not have his jail term reconsidered by the Court of Appeal.’

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BBC News, 17th February 2022

Source: www.bbc.co.uk

Returning instructions a “last resort”, Bar Council tells criminal barristers – Legal Futures

Posted February 16th, 2022 in appeals, barristers, codes of practice, criminal procedure, news by sally

‘Criminal defence barristers should recognise that returning instructions where they are not under a professional duty to do so “should always be a matter of last resort”, the Bar Council has said.’

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Legal Futures, 16th February 2022

Source: www.legalfutures.co.uk

“Hysterical woman” barrister to argue free speech in reprimand appeal – Legal Futures

‘The barrister reprimanded for describing his opponent’s instructing lawyer as a “hysterical woman” says he is being “persecuted for expressing inconvenient truths” ‘

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Legal Futures, 14th February 2022

Source: www.legalfutures.co.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

English test scandal: Home Office accused of ‘shocking miscarriage of justice’ – The Guardian

Posted February 10th, 2022 in appeals, deceit, examinations, government departments, news, visas by sally

‘The Home Office was accused of presiding over a “shocking miscarriage of justice” by MPs during an urgent debate on the English language testing scandal which saw thousands of international students wrongly accused of cheating in an exam they were required to sit as part of their visa application process.’

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The Guardian, 9th February 2022

Source: www.theguardian.com

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com

A case management plea from the EAT – Local Government Lawyer

Posted February 7th, 2022 in appeals, case management, employment, employment tribunals, local government, news by sally

‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by sally

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

A Review of the Year in the Court of Appeal (Criminal Division) 2020 – 2021 – Courts & Tribunals Judiciary

Posted February 7th, 2022 in appeals, courts, news, statistics by sally

‘The Court of Appeal (Criminal Division) has published its annual report for 2020-21.’

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Courts & Tribunals Judiciary, 31st January 2022

Source: www.judiciary.uk

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

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UKSC Blog, 3rd February 2022

Source: ukscblog.com

Supreme Court throws out legal challenge against £1,012 child citizenship fee – The Independent

‘The Supreme Court has thrown out a legal challenge against the government’s £1,000 child citizenship fee, which campaigners argue many children cannot afford.’

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The Independent, 2nd February 2022

Source: www.independent.co.uk

Case Comment: Lloyd v Google LLC [2021] UKSC 50 – UKSC Blog

‘In this post, Kenny Henderson and Alex Askew of CMS comment on the Supreme Court’s decision in Lloyd v Google LLC [2021] UKSC 50, which concerned whether a representative data protection action seeking damages for loss of control of personal data could be brought on behalf of large numbers of unidentifiable class members.’

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UKSC Blog, 31st January 2022

Source: ukscblog.com

Is “Perception-Based Recording” for hate crime compatible with freedom of speech? – UK Human Rights Blog

‘In R (Harry Miller) v The College of Policing [2021] EWCA Civ 1926, the Court of Appeal ruled that current police guidance on the recording of ‘hate incidents’ unlawfully interferes with the right to freedom of expression. The decision overturns a 2020 ruling by the High Court in which Mr Miller’s challenge to the lawfulness of the Hate Crime Operational Guidance was dismissed (discussed previously on this Blog here).’

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UK Human Rights Blog, 28th January 2022

Source: ukhumanrightsblog.com

Sri Lankan man left in immigration limbo for decades can stay in UK – The Guardian

Posted January 31st, 2022 in appeals, delay, deportation, government departments, immigration, news by sally

‘A man who came to the UK to train as an accountant almost 40 years ago and was left homeless after a catalogue of Home Office delays has finally been granted leave to remain months before his 70th birthday.’

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The Guardian, 30th January 2022

Source: www.theguardian.com

Company landlords and signing notices – Nearly Legal

‘Northwood (Solihull) Ltd v Fearn & Ors (2022) EWCA Civ 40. This was a second appeal on the issue of the signing of tenancy deposit prescribed information certificates and section 8 notices by company landlords. The first appeal (our note here) had held that while signing a section 8 notice did not have to comply with the requirements of section 44 Companies Act, the signing of the prescribed information certificate did, so that it could not be signed by a sole director.’

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Nearly Legal, 26th January 2022

Source: nearlylegal.co.uk

Departure from the GMC Sanctions Guidance – Quarterly Medical Law Review

‘General Medical Council v Bramhall [2021] EWHC (2109) (Admin). In a series of acts referred to by HHJ Farrer QC as “conduct borne of professional arrogance of such magnitude that it strayed into criminal behaviour”, Mr Bramhall used an argon beam cauterising tool to sign his initials on the livers of multiple patients. In the aftermath of a criminal conviction, the General Medical Council (GMC) sought his erasure from the medical register. The MPT, disagreeing with the GMC over the severity of his actions, preferred a 5-month suspension.’

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Quarterly Medical Law Review , 24th January 2022

Source: 1corqmlr.com

Barrister suspended for lewd comments to mini-pupil fails in appeal – Legal Futures

‘The High Court has rejected an appeal from a criminal law barrister suspended for six months by a Bar disciplinary tribunal for lewd comments to a female mini-pupil.’

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Legal Futures, 25th January 2022

Source: www.legalfutures.co.uk

Julian Assange wins first stage of attempt to appeal against extradition – The Guardian

Posted January 26th, 2022 in appeals, extradition, freedom of expression, news, spying, Supreme Court by sally

‘The WikiLeaks founder Julian Assange will be able to go to the supreme court in the UK to challenge a decision allowing him to be extradited to the US to face espionage charges.’

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The Guardian, 24th January 2022

Source: www.theguardian.com