Fourth member of Stockwell Six has conviction quashed 50 years after arrest – The Guardian

‘A fourth member of the so-called Stockwell Six, a group of friends accused of trying to rob a corrupt police officer nearly 50 years ago, has had his conviction quashed by the court of appeal.’

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The Guardian, 23rd November 2021

Source: www.theguardian.com

London borough to pay £8k+ after family remained in unsuitable accommodation for 23 months – Local Government Lawyer

‘The London Borough of Newham is to pay more than £8,000 to a mother of four after failing to move her and her family from “overcrowded and hazardous” accommodation for almost two years, following an investigation by the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 23rd November 2021

Source: www.localgovernmentlawyer.co.uk

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by sally

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer

‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Domestic abuse victim ‘living in fear’ after being wrongly told she could not appear ex-partner’s ‘lenient’ sentence – The Independent

‘“Myself and my family have suffered life-changing trauma,” a domestic abuse victim tells The Independent. “Following the attack, I am unable to work due to my injuries and live in paralysing fear of what will happen when he is released in eight years.”

Her ex-partner was jailed for life – but with a minimum term of only eight years – in March. The domestic abuse victim has now been told she has missed her chance to appeal his sentence but was never told she had the right to do so under the Unduly Lenient Sentencing scheme. Instead, police inaccurately told her she was unable to appeal his sentence because “a life sentence is the maximum”.’

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The Independent, 19th November 2021

Source: www.independent.co.uk

US woman who has lived in UK for 53 years wins deportation appeal – The Guardian

Posted November 18th, 2021 in appeals, deportation, drug offences, elderly, news by sally

‘A 75-year-old American woman who uses a Zimmer frame and is unable to digest solid food has won her appeal to remain in the UK after living here for 53 years.’

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The Guardian, 17th November 2021

Source: www.theguardian.com

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

Reasonable evidence of in reasonable condition – private sector discharge – Nearly Legal

‘Where a local authority proposes to discharge the homeless duty by an offer of private sector accommodation, what does it have to do to satisfy itself that the property is suitable, with regard to the conditions set out in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012 (that the property is in reasonable and legal condition and the landlord is a fit and proper person)? That was the question in these two joined appeals.’

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Nearly Legal, 16th November 2021

Source: nearlylegal.co.uk

Court of Appeal hears challenge over whether council should have considered full climate impacts when approving drilling for oil – Local Government Lawyer

‘The Court of Appeal is this week hearing a key case on the lawful interpretation of the Environmental Impact Assessment (EIA) Regulations and the end product of developments.’

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Local Government Lawyer, 16th November 2021

Source: www.localgovernmentlawyer.co.uk

The LADs are Alright – Local Government Lawyer

‘Laura Campbell discusses liquidated damages in construction contracts, focussing upon the long-running Triple Point saga which ended in the Supreme Court this year.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

Adjudication and Insolvency; Enforcement Proceedings in the post-Bresco Landscape – Local Government Lawyer

Posted November 15th, 2021 in appeals, dispute resolution, enforcement, insolvency, news by sally

‘Clare Mendelle and Sarah Wertheim take a look at guidance provided by the Court of Appeal regarding security arrangements for insolvent claimants in the post-Bresco landscape.’

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Local Government Lawyer, 12th November 2021

Source: www.localgovernmentlawyer.co.uk

News focus: Where next for mass claims? – Law Society’s Gazette

‘The Supreme Court’s ruling in Lloyd, blocking a multi-billion-pound claim against Google, exposes the lack of legislation providing redress in mass claims. But CPR 19.6 could offer a way forward.’

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Law Society's Gazette, 15th November 2021

Source: www.lawgazette.co.uk

Court of Appeal upholds refusal of application for placement orders in case where parents showed “grossly unreasonable attitude” towards professionals – Local Government Lawyer

‘A local authority has failed to persuade the Court of Appeal that a judge’s refusal of its applications for placement orders in respect of children aged two and almost four was irrational.’

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Local Government Lawyer, 10th November 2021

Source: www.localgovernmentlawyer.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by sally

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Top UK court blocks legal action against Google over internet tracking – The Guardian

‘A £3bn legal action against Google over claims it secretly tracked the internet activity of millions of iPhone users has been blocked by the UK supreme court.’

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The Guardian, 10th November 2021

Source: www.theguardian.com

‘Failure to remove’ claims in the High Court – Local Government Lawyer

‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette

‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’

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Law Society's Gazette, 8th November 2021

Source: www.lawgazette.co.uk

SEND Tribunal case law review – Local Government Lawyer

‘Jamie Jenkins looks at the lessons to be learned from the latest judgments from the SEND Tribunal.’

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Local Government Lawyer, 5th November 2021

Source: www.localgovernmentlawyer.co.uk