Challenging adoption – two recent cases – Transparency Project

Posted October 26th, 2020 in adoption, appeals, care orders, children, families, local government, news by sally

‘In this post, I am going to explain two recent decisions by the Court of Appeal about adoption. These are Re Y – which is about leave to oppose (I will explain), and Re JL which is about leave to revoke a placement order (I really will explain). These decisions are nothing special in terms of their wider relevance – they do not change the law in a landmark way, nor are they “disruptive judgments”. They are, however, useful in understanding what the law requires of local authorities and the courts in deciding whether a child should be adopted.’

Full Story

Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

Full Story

The Guardian, 21st October 2020

Source: www.theguardian.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

Full Story

Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

Furlough and administration: when is a contract of employment ‘adopted’? – Exchange Chambers

‘The Coronavirus Job Retention Scheme (the scheme) has been ground breaking for employers, employees and administrators of insolvent companies, each of whom have swiftly adjusted to the practical and commercial effects of the scheme. The scheme very quickly gave rise to applications to the High Court, by administrators of high-profile companies, for directions as to whether a contract of employment of a “furloughed employee” had been “adopted” by an administrator. If it was, the “wages or salary” (which are defined by paragraph 99(6) of schedule B1 of the Insolvency Act 1986 (the Act) to include holiday pay and sick pay) would have super-priority over (a) the administrators’ remuneration and (b) a floating charge, under paragraph 99(3) and (4) of schedule B1 of the Act.’

Full Story

Exchange Chambers, 13th October 2020

Source: www.exchangechambers.co.uk

Re B: Judgment or Press Release? – Transparency Project

Posted October 21st, 2020 in appeals, children, disclosure, families, judgments, medical records, news by sally

‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’

Full Story

Transparency Project, 19th October 2020

Source: www.transparencyproject.org.uk

Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer

‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’

Full Story

Local Government Lawyer, 19th October 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (on the application of Highbury Poultry Farm Produce Ltd) v Crown Prosecution Service [2020] UKSC 39 – UKSC Blog

Posted October 20th, 2020 in animal cruelty, animals, appeals, birds, EC law, news, regulations, slaughter, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal addressing whether proof of an offence contrary to Regulation 30(1)(g) of the Welfare of Animals at the Time of Killing (England) Regulations 2015, brought against a business operator as defined in Regulation (EC) No. 1099/2009 on the protection of animals at the time of killing, requires proof of mens rea and/or some culpable act or omission on the part of the business operator.’

Full Story

UKSC Blog, 16th October 2020

Source: ukscblog.com

Supreme Court rejects appeal over allocation of housing to members of religious group – Local Government Lawyer

‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’

Full Story

Local Government Lawyer, 16th October 2020

Source: www.localgovernmentlawyer.co.uk

Chu v Lau [2020] UKPC 24: The Privy Council’s review of the law on just and equitable winding-up – Exchange Chambers

‘In its Judgment handed down on 12 October 2020, [[2020] UKPC 24], the Privy Council, comprised of Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt and Lord Burrows, provided a welcomed clarification of the law applicable to the just and equitable winding-up of a company; with a particular emphasis on the alternative rules which apply to those companies having the status of a quasi-partnership.’

Full Story

Exchange Chambers, 16th October 2020

Source: www.exchangechambers.co.uk

Relief from the forfeiture rule: Amos v Mancini [2020] EWHC 1063 (Ch) and Challen v Challen [2020] EWHC 1330 (Ch) – Radcliffe Chambers

Posted October 19th, 2020 in appeals, chambers articles, families, forfeiture, news, unlawful killing by sally

‘Two cases this year demonstrate the court’s approach to claims for relief from the forfeiture rule. The first case concerns Sandra Amos’ claim following her conviction of causing the death of her husband by careless driving. The second follows the case of Sally Challen, initially convicted of the murder of her husband. Mrs Challen’s conviction was subsequently quashed by the Court of Appeal and her guilty plea to manslaughter was later accepted by the Crown.’

Full Story

Radcliffe Chambers, 7th October 2020

Source: radcliffechambers.com

New Judgment: R (on the application of Z and Anor) (AP) v Hackney London Borough Council and Anor [2020] UKSC 40 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’

Full Story

UKSC Blog, 16th October 2020

Source: ukscblog.com

When is it too harsh to separate a child from their parent? – UK Human Rights Blog

‘There has, in recent years, been a proliferation of case law on appeals against deportation by foreign national criminals on grounds of private and family life. The statutory scheme is complex enough, but the various tests (“unduly harsh”, “very compelling circumstances”) have also been subject to extensive judicial gloss, leaving practitioners and judges to wade through a confusing sea of alphabet-country soup case names.’

Full Story

UK Human Rights Blog, 16th October 2020

Source: ukhumanrightsblog.com

UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian

‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’

Full Story

The Guardian, 16th October 2020

Source: www.theguardian.com

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

Full Story

Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

High Court upholds refusal by judge to admit witness statement from council officer in eviction proceedings brought by housing association – Local Government Lawyer

Posted October 15th, 2020 in admissibility, appeals, evidence, housing, landlord & tenant, news, repossession, witnesses by sally

‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’

Full Story

Local Government Lawyer, 15th October 2020

Source: www.localgovernmentlawyer.co.uk

Jeremy Bamber bids for legal action over prison status – BBC News

Posted October 13th, 2020 in appeals, Criminal Cases Review Commission, imprisonment, murder, news by sally

‘Convicted murderer Jeremy Bamber has launched a legal action over the refusal by the prison service to downgrade him from maximum security.’

Full Story

BBC News, 12th October 2020

Source: www.bbc.co.uk

Jermaine Baker: Firearms officer can face proceedings – BBC News

‘An officer who killed a man during a foiled attempt to free two prisoners can face misconduct proceedings, the Court of Appeal has ruled.’

Full Story

BBC News, 10th October 2020

Source: www.bbc.co.uk

Tell me why – ‘Minded to’ letters and reasons – Nearly Legal

Posted October 12th, 2020 in appeals, homelessness, housing, local government, news, notification by sally

‘This was a section 204 Housing Act 1996 appeal following Lambeth’s review decision that Ms S had made herself intentionally homeless. This was the trial of a preliminary issue concerning Lambeth’s “minded to” decision letter sent during the course of the review.’

Full Story

Nearly Legal, 11th October 2020

Source: nearlylegal.co.uk

New Judgment: Enka Insaat Ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 – UKSC Blog

‘The central issue on this appeal is how the governing law of an arbitration agreement is to be determined when the law applicable to the contract containing it differs from the law of the “seat” of the arbitration, the place chosen for the arbitration in the arbitration agreement.’

Full Story

UKSC Blog, 9th October 2020

Source: ukscblog.com

Court of Appeal dismisses challenge to increase in state pension age – UK Human Rights Blog

‘In Delve and Anor v SSfWP [2020] EWCA Civ 1199, the Court of Appeal dismissed the challenge brought against the series of Pensions Acts between 1995 and 2014 which equalised the state pension age for women with that of men by raising the state pension age for women from 60 to 65 and then raising the age at which both men and women can claim their state pension.’

Full Story

UK Human Rights Blog, 9th October 2020

Source: ukhumanrightsblog.com