Robyn Williams: Met launch legal bid to sack senior police officer reinstated after abuse video clip – The Independent

‘The Metropolitan Police are waging a legal battle over the sacking of a senior officer who was convicted of possessing a child abuse video. Superintendent Novlett Robyn Williams successfully appealed against the decision to dismiss her earlier this year and was reinstated as a police officer.’

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The Independent, 4th August 2021

Source: www.independent.co.uk

Prosecutors review Extinction Rebellion cases as third protester in three days has conviction quashed – The Independent

‘Prosecutors are reviewing numerous Extinction Rebellion cases after a third protester in as many days had their conviction quashed.’

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The Independent, 5th August 2021

Source: www.independent.co.uk

Alta Fixsler: European court says UK hospital can withdraw life support – The Guardian

‘A Manchester hospital may withdraw life support from a seriously brain-damaged child after the European court of human rights rejected an appeal by the girl’s family.’

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The Guardian, 4th August 2021

Source: www.theguardian.com

Case Comment: Matthew and others v Sedman and others [2021] UKSC 19 – UKSC Blog

‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’

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UKSC Blog, 4th August 2021

Source: ukscblog.com

Landlord wins appeal over penalty for letting of flat without licence as Upper Tribunal says matter should have been dealt with informally – Local Government Lawyer

Posted August 3rd, 2021 in appeals, landlord & tenant, licensing, local government, news, penalties by sally

‘A landlord has won an Upper Tribunal appeal over the imposition of a £2,500 financial penalty by a council for letting a flat without a licence.’

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Local Government Lawyer, 2nd August 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning whether a claimant in statutory and judicial review cases who is unsuccessful at the permission stage should be liable for the costs of multiple other parties, including respondents and interested parties.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

New Judgment: R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the standards to be applied by a court on judicial review of the contents of a policy document or statement of practice issued by a public authority. It is one of two appeals heard by the same panel of five Justices examining similar issues. It should be read together with the Court’s judgment in R (on the application of BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38.’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

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Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Vacant possession: Capitol Park v Global Radio Services Limited – Court of Appeal – Mills & Reeve

‘The Court of Appeal has handed down an important judgment on the operation of conditional break clauses and has found in favour of the tenant.’

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Mills & Reeve, 29th July 2021

Source: www.mills-reeve.com

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

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Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

Efobi v Royal Mail Group Limited: The burden of proof and drawing of inferences in discrimination claims – Littleton Chambers

‘The Supreme Court has delivered a unanimous and emphatic judgment on the burden of proof in discrimination claims. The decision has confirmed that the Claimant bears the initial burden of proof to establish a prima facie case, and so restored the orthodoxy that had been disturbed by the ruling of the EAT earlier in these proceedings. It also offers some useful guidance on the drawing of adverse inferences.’

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Littleton Chambers, 23rd July 2021

Source: littletonchambers.com

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Transparency 1 – 0 Confidentiality?: Manchester City v The Premier League in the Court of Appeal – Littleton Chambers

‘The Court of Appeal this week handed down its decision in Manchester City Football Club Ltd v The Football Association Premier League & Ors [2021] EWCA Civ 1110, the latest judgment to consider the difficult tension that exists between the generally confidential nature of sports arbitration and the desirability of transparency where matters of public interest arise.’

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Littleton Chambers, 22nd July 2021

Source: littletonchambers.com

But the Assets are Already Frozen! Where Civil Freezing Orders and Criminal Restraint Orders Collide – Gatehouse Chambers

‘The Claimants were two companies and their respective administrators, who alleged in the main proceedings that substantial sums had misappropriated, by or for the benefit of the Defendants, or otherwise in circumstances giving rise to liability on the part of the Defendants.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Let there be no future doubt about it? Children’s rights in the UKSC – Doughty Street Chambers

‘When the unanimous judgment in R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 was handed down, it felt like a bit of a sea change had occurred. We had seen indications that the Supreme Court were becoming increasingly concerned with the perception that they were interfering in political matters in the Begum [2021] UKSC 7 case. However, the decision in SC and in R (AB) v Secretary of State for Justice [2021] UKSC 28 (handed down on the same day) gave a warning from the President of the Supreme Court about “campaigning organisations” litigating what Lord Reed perceived to be failed political campaigning for the rights of children. His concern was that this, coupled with the wide discretion left to courts when considering ECHR obligations left courts vulnerable to undue interference in the sphere of political choices.’

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Doughty Street Chambers, 27th July 2021

Source: insights.doughtystreet.co.uk

A return to orthodoxy – Supreme Court decides on Triple Point v PTT: Case analysis by Mathias Cheung – Atkin Chambers

‘The following case analysis, produced by Mathias Cheung, in partnership with LexisNexis, discusses the recent Supreme Court judgment in Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29 (16 July 2021).’

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Atkin Chambers, 26th July 2021

Source: www.atkinchambers.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

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Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

If in doubt, don’t assume it’s a solicitor’s undertaking – Hailsham Chambers

‘In its 23 July 2021 judgment, the Supreme Court tackled the severe limitations of solicitors’ undertakings in the modern era in Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32. All practitioners will need to know about this vitally important unanimous judgment.’

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Hailsham Chambers, 26th July 2021

Source: www.hailshamchambers.com

The Reverse Burden of Proof in Health and Safety Prosecutions: As You Were – Henderson Chambers

‘In R v (1) AH Ltd and (2) Mr SJ, the appellants sought leave from the Court of Appeal to challenge the reverse evidential and legal burdens of proof to establish the “reasonably practicable” defence pursuant to s40 HSWA1974. Although permission to appeal was ultimately refused, the reasoning behind the decision is important reading for health and safety practitioners in the context of increasingly vigorous prosecutions.’

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Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk

Case Comment: R (on the application of Haworth) v Commissioners for Her Majesty’s Revenue & Customs [2021] UKSC 25 – UKSC Blog

Posted July 29th, 2021 in appeals, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by sally

‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of R (on the application of Haworth) v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 25.’

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UKSC Blog, 28th July 2021

Source: ukscblog.com