Court of Appeal revives “unmanageable” £5bn class action – Legal Futures

‘A decision to strike out an “unmanageable” £5bn group action brought by 200,000 claimants over a dam collapse in Brazil can be appealed, the Court of Appeal has decided.’

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Legal Futures, 28th July 2021

Source: www.legalfutures.co.uk

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

Stockwell Six: Fourth member of group to appeal against conviction – BBC News

‘A fourth member of the so-called Stockwell Six, who were “fitted up” by a corrupt police officer, is mounting an appeal against his conviction.’

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BBC News, 26th July 2021

Source: www.bbc.co.uk

Activists lose legal bid to stop £27bn roads plan for England – The Guardian

‘Campaigners have lost a legal challenge to the government’s £27bn roadbuilding programme after the high court dismissed their application for a judicial review.’

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The Guardian, 26th July 2021

Source: www.theguardian.com

New Judgment: Harcus Sinclair LLP and Anor v Your Lawyers Ltd [2021] UKSC 32 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning whether a non-compete clause, by which one law firm agreed with another law firm not to take part in the emissions litigation without the latter’s permission, is enforceable or not.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Time spent in the UK as a visitor counts as ‘residence’ for ILR – EIN Blog

‘On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has held that the SSHD had erred in refusing an ILR application made by Mr Chandra Mungur – a citizen of Mauritius – because it could not be said that he had “left the United Kingdom in circumstances in which he had no reasonable expectation at the time of leaving that he would lawfully be able to return” during the period relied upon as 10 years’ continuous residence. While Mr Mungur had left the UK in 2001 following expiry of his visit visa, he had done so with the intention and expectation of lawfully returning as soon as possible under a student visa. Mr Mungur had obtained a visitor visa valid from 22 March 2001 to 22 September 2001. He entered the UK as a visitor on 16 April 2001 and left on 1 September 2001 “to return to Mauritius to apply for Entry Clearance as a student”. That application was granted on 25 September 2001 and was valid until 25 September 2003. On 5 October 2001, he entered the UK again and by a succession of applications he applied for and was granted further leave to remain successively first as a student and then as a work permit holder. He remained lawfully in the UK from 25 September 2003 until 13 July 2011. He overstayed for 1,947 days when his leave to remain expired on 13 July 2011 until 10 February 2016.’

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EIN Blog, 23rd July 2021

Source: www.ein.org.uk

New Judgment: Royal Mail Group Ltd v Efobi [2021] UKSC 33 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Preserving causes of action in an insolvency context: reasonable diligence and the Limitation Act – Gatehouse Chambers

‘What is reasonable diligence when a company has entered an insolvency process and has abandoned its trading functions?’

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Gatehouse Chambers, 22nd July 2021

Source: gatehouselaw.co.uk

Supreme Court upholds six-year non-compete clause signed by law firm – Legal Futures

‘A non-compete undertaking given by one law firm to another ahead of them working together was reasonable and not a restraint of trade, the Supreme Court ruled today.’

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Legal Futures, 23rd July 2021

Source: www.legalfutures.co.uk

New Judgment: Test Claimants in the Franked Investment Income Group Litigation & Ors v Revenue and Customs [2020] UKSC 47 – UKSC Blog

‘The Supreme Court has unanimously allowed this appeal concerning the law of limitation.’

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UKSC Blog, 23rd July 2021

Source: ukscblog.com

Wrongly convicted Post Office workers to get up to £100,000 interim payouts – The Guardian

‘Post Office workers who have had their convictions for theft, fraud and false accounting – the result of computing errors – quashed will each get an interim compensation payment of up to £100,000 the government has said.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

Supreme Court dismisses solitary confinement appeal – UK Human Rights Blog

‘The Supreme Court has unanimously dismissed an appeal which considered whether treatment throughout a 55 day period in solitary confinement of a then 15-year-old appellant in Feltham Young Offenders’ Institution constituted a violation of Article 3 of the European Convention on Human Rights.’

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UK Human Rights Blog, 22nd July 2021

Source: ukhumanrightsblog.com

The Judicial Review Bill Poses Amendments Which Could Harm Migrants and the Marginalised- Each Other

Posted July 22nd, 2021 in amendments, appeals, asylum, bills, immigration, judicial review, news by sally

‘The Judicial Review and Courts Bill, to be published on Wednesday 21 July, could impinge on individuals’ rights to challenge public bodies.’

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Each Other, 21st July 2021

Source: eachother.org.uk

Appeal court quashes 12 more convictions in Post Office IT scandal – The Guardian

Posted July 20th, 2021 in appeals, computer programs, false accounting, fraud, news, postal service by sally

‘The court of appeal has cleared 12 more former post office operators who were wrongly convicted of offences because of the Post Office’s defective Horizon IT system.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Gay rugby player wins five-year battle against deportation to Kenya – The Guardian

‘A gay rugby player is celebrating after winning a five-year battle against deportation to Kenya, where he feared he would be persecuted because of his sexuality.’

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The Guardian, 19th July 2021

Source: www.theguardian.com

Post Office Horizon scandal: More subpostmasters cleared – BBC News

‘The Court of Appeal has cleared 12 more former subpostmasters who were wrongly convicted of offences during the Post Office Horizon scandal.’

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BBC News, 19th July 2021

Source: www.bbc.co.uk

DWP admits wrongly putting pressure on disabled people to accept low benefit offers – The Independent

‘The government has admitted it put disabled benefit claimants under pressure to accept lower welfare support than they were legally entitled to.’

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The Independent, 14th July 2021

Source: www.independent.co.uk

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Court of Appeal allows appeal by council as judgment in childcare proceedings did not contain required analysis of competing options – Local Government Lawyer

Posted July 14th, 2021 in adoption, appeals, care orders, children, families, judges, local government, news by sally

‘The Court of Appeal has allowed an appeal by a council over a judge’s order that effectively rejected the local authority’s care plan for adoption for an 18-month-old child (A).’

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Local Government Lawyer, 13th July 2021

Source: www.localgovernmentlawyer.co.uk

Murder cases reopened in wake of Sally Challen appeal – The Guardian

‘A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.’

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The Guardian, 10th July 2021

Source: www.theguardian.com