A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

High Court grants permission for legal challenge over lack of legal aid for school exclusion appeals – Local Government Lawyer

‘The High Court has granted permission for a claimant to challenge the lack of legal aid for appeals before an Independent Review Panel (IRP), the independent body that reviews the lawfulness of permanent exclusions.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Medics quitting jobs over ‘distress caused by rightwing Christian group’ – The Guardian

Posted November 29th, 2023 in appeals, children, Christianity, doctors, families, intimidation, medical treatment, news by sally

‘Medics treating critically ill babies are quitting their jobs owing to “considerable moral distress” caused by a rightwing Christian group behind a series of end-of-life court cases, the Guardian has been told.’

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The Guardian, 27th November 2023

Source: www.theguardian.com

Homelessness – Local Government Law

Posted November 29th, 2023 in appeals, homelessness, housing, local government, news, statutory duty, Supreme Court by sally

‘The central issue before the Supreme Court is R (Imam) v London Borough of Croydon (2023) UKSC 45, in which Judgment was given on 28 November 2023, was whether, and, if so, in what way, a local authority’s lack of financial or other resources should be taken into consideration when a Court is deciding whether to grant a Mandatory Order against the authority in order to enforce its undoubted statutory duty (paragraph 37) towards a homeless individual under Section 193(2) of the Housing Act 1996.’

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Local Government Law, 29th November 2023

Source: local-government-law.11kbw.com

Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 27th, 2023 in appeals, asylum, deportation, government departments, immigration, news, violence by tracey

‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’

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EIN Blog, 27th November 2023

Source: www.ein.org.uk

Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

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Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Solicitors Regulation Authority wins appeal against Solicitors Disciplinary Tribunal costs order – Law Society’s Gazette

‘A judge has overruled the Solicitors Disciplinary Tribunal’s decision to slash the Solicitors Regulation Authority’s costs claim in a strike-off case. The regulator had sought £22,800 in the case last January but the tribunal awarded only £5,000.’

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Law Society's Gazette, 27th November 2023

Source: www.lawgazette.co.uk

Tribunal approves first post-PACCAR litigation funding agreement – Legal Futures

Posted November 24th, 2023 in appeals, class actions, competition, damages, news by tracey

‘The Competition Appeal Tribunal (CAT) has approved a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR.’

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Legal Futures, 24th November 2023

Source: www.legalfutures.co.uk

Court of Appeal refuses permission to appeal in high-profile defamation claim – Law Society’s Gazette

Posted November 24th, 2023 in appeals, data protection, defamation, freedom of expression, news by tracey

‘Court of Appeal judges have refused permission to appeal in the latest court hearing of a high-profile defamation action brought by a Conservative Party donor against a former Tory MP.’

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Law Society's Gazette, 23rd November 2023

Source: www.lawgazette.co.uk

Mental health considerations in dishonesty cases, time limits and costs – 3PB

Posted November 23rd, 2023 in appeals, costs, doctors, mental health, news, time limits by sally

‘This judgment deals with an appeal brought by a doctor against her erasure from the GMC register. The judgment discusses the significance of the doctor’s mental health difficulties in the context of findings of dishonesty, the law on time limits, and it provides a helpful demonstration of how CPR 52.19 (applications to limit recoverable costs) may be applied in statutory appeals of this nature.’

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3PB, 26th October 2023

Source: www.3pb.co.uk

Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian

‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association

‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

UK ICO challenges Clearview AI ruling – OUT-LAW.com

‘The UK’s data protection authority has lodged an appeal against a tribunal ruling that found it did not have the power to take enforcement action against facial recognition software developer Clearview AI.’

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OUT-LAW.com, 21st November 2023

Source: www.pinsentmasons.com

Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers

Posted November 22nd, 2023 in appeals, bankruptcy, chambers articles, dispute resolution, insolvency, news by sally

‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

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UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

The Russell murders: is Michael Stone in prison for a brutal crime he didn’t commit? – The Guardian

‘He was jailed for the murders of Lin and Megan Russell in 1997. Now, 26 years, two trials and two appeals later, Stone’s case is being reviewed.’

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The Guardian, 22nd November 2023

Source: www.theguardian.com

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

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UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

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UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

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Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk