‘On 15 July 2020 the Supreme Court handed down its findings in Sutherland (Appellant) v Her Majesty’s Advocate (Respondent) (Scotland) [2020] UKSC 32.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
‘By a majority the Supreme Court has dismissed this appeal concerning the standard of proof, or degree of conclusivity, required for the determination of the result of an inquest into a death where the question is whether the deceased committed suicide.’
UKSC Blog, 13th November 2020
Source: ukscblog.com
‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
‘The Supreme Court has now issued its judgment in this important case for Coroners and inquests dealing with the standard of proof to be applied where the death might have been caused by suicide or unlawful killing.’
UK Human Rights Blog, 13th November 2020
Source: ukhumanrightsblog.com
‘This was RB Kingston upon Thames’ appeal of the High Court’s finding that it was a “water reseller” under the Water Resale Orders 2001 and 2006, and thus not entitled to keep the additional funds it had recovered from the water rates paid by its tenants as part of the rent, though discounts and void allowances by Thames Water. This is significant because some 69 London councils and housing associations had entered the same or similar agreements with Thames Water, and would be liable to repay sums to their tenants for the relevant periods.’
Nearly Legal, 15th November 2020
Source: nearlylegal.co.uk
‘The Court of Appeal has ordered a fresh welfare hearing in a case where a Family Division judge decided that three children should be placed for adoption after he found, amongst other things, a major stumbling block to be the parents’ irrational and extreme over-reaction to the involvement of professionals in their lives and those of their children, most especially social workers.’
Local Government Lawyer, 13th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Eight months since the UK coronavirus lockdown forced the temporary closures of restaurants, bars, shops, hairdressers and other small businesses, thousands who are still awaiting payouts from their insurers to cover lost income will hope a supreme court hearing will result in a ruling that favours about 200,000 policyholders.’
The Guardian, 16th November 2020
Source: www.theguardian.com
‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’
Littleton Chambers, 4th November 2020
Source: littletonchambers.com
‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’
Parklane Plowden Chambers, 4th November 2020
Source: www.parklaneplowden.co.uk
‘The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).’
Local Government Lawyer, 11th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’
2 Hare Court, 5th November 2020
Source: www.2harecourt.com
‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’
Litigation Futures, 6th November 2020
Source: www.litigationfutures.com
‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’
UK Human Rights Law Blog, 3rd November 2020
Source: ukhumanrightsblog.com
‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Administrative Court has thrown out a challenge to business rates liability orders as being “totally without merit”, and has imposed an extended civil restraint order to limit future litigation by the complainant.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal in London has strengthened the tools available to rights holders when seeking to control and exploit commercially valuable data within sport and set out the pitfalls for third parties who seek to do the same without clear, unambiguous approval from a rights holder.’
OUT-LAW.com, 3rd November 2020
Source: www.pinsentmasons.com
‘A police officer who strangled a mother-of-two after she exposed their affair will have his 10-and-a-half year sentence for manslaughter reviewed.’
BBC News, 4th November 2020
Source: www.bbc.co.uk
‘Any company with “lumpy” profits which would be disadvantaged by a time-based apportionment of oil-related profits for UK tax purposes is entitled to elect for a different profit apportionment method, the Court of Appeal has ruled.’
Out-Law.com, 2nd November 2020
Source: www.pinsentmasons.com
‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
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