Shamima Begum: Bid to return in citizenship fight goes to Supreme Court – BBC News
‘The case of runaway Shamima Begum, who is fighting to return to the UK from Syria, will go to the Supreme Court.’
BBC News, 31st July 2020
Source: www.bbc.co.uk
Category: appeals
Chris Packham loses appeal against HS2 rail project – The Guardian
‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’
The Guardian, 31st July 2020
Source: www.theguardian.com
Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers
‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’
Tanfield Chambers, 17th July 2020
Source: www.tanfieldchambers.co.uk
Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer
‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’
Local Government Lawyer, 29th July 2020
Source: www.localgovernmentlawyer.co.uk
Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project
‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’
Transparency Project, 31st July 202
Source: www.transparencyproject.org.uk
Uber BV v Aslam – Old Square Chambers
‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’
Old Square Chambers, 21st July 2020
Source: www.oldsquare.co.uk
A right to cross-examine? The current position – No. 5 Chambers
‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:
“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’
No. 5 Chambers, 21st July 2020
Source: www.no5.com
Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer
‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’
Local Government Lawyer, 30th July 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers
‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’
Wilberforce Chambers, 23rd July 2020
Source: www.wilberforce.co.uk
High Court provides clarity on third-party access to court documents – OUT-LAW.com
‘The English High Court has refused to give access to court documents on the basis that doing so would not advance the principles of open justice.’
OUT-LAW.com, 28th July 2020
Source: www.pinsentmasons.com
Barclays Bank plc v Various Claimants: further blurring boundaries in employment status? – by Anna Williams – UK Human Rights Blog
‘In a judgment handed down on 1 April 2020, the Supreme Court reversed the decisions of Nicola Davies J (as she then was) and a unanimous Court of Appeal, allowing the appeal on the ground that no vicarious liability can lie for the acts of an independent contractor: Barclays Bank plc v Various Claimants (“Barclays”).’
UK Human Rights Blog, 28th July 2020
Source: ukhumanrightsblog.com
Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers
‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’
Doughty Street Chambers, 25th July 2020
Source: insights.doughtystreet.co.uk
Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer
‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’
Local Government Lawyer, 27th July 2020
Source: www.localgovernmentlawyer.co.uk
Upper Tribunal judge suggests review “long overdue” of appellate mechanisms for Data Protection Act rights – Local Government Lawyer
‘A comprehensive strategic review of the various appellate mechanisms for rights exercisable under the Data Protection Act is “arguably long overdue”, an Upper Tribunal judge has said.’
Local Government Lawyer, 27th July 2020
Source: www.localgovernmentlawyer.co.uk
No wasted costs order after QC instructed on wrong issue – Litigation Futures
‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’
Litigation Futures, 23rd July 2020
Source: www.litigationfutures.com
Supreme Court rules there is no right to privacy against “paedophile hunters” – an extended look – UK Human Rights Blog
‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’
UK Human Rights Blog, 21st July 2020
Source: ukhumanrightsblog.com
Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian
‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’
The Guardian, 20th July 2020
Source: www.theguardian.com
What Shamima Begum’s Case Means For Our Right To A Fair Trial – Each Other
‘The UK is the country Shamima Begum was born, raised, groomed and radicalised in. Like any Briton accused of any crime – she must have the right to a fair trial, writes human rights lawyer Shoaib M Khan.’
Each Other, 17th July 2020
Source: eachother.org.uk
