‘A woman who used nine “fabricated” ChatGPT cases to appeal against a penalty for capital gains tax has had her case rejected by a court.’
The Independent, 14th December 2023
Source: www.independent.co.uk
‘Criminal Cases Review Commission re-examines case of Wang Yam, who was convicted of 2006 murder of Allan Chappelow in London.’
The Guardian, 14th December 2023
Source: www.theguardian.com
‘This case is concerned with what a respondent needs to demonstrate to take advantage of the Defamation Act 1952 (the “1952 Act”), s 3(1), in a claim for malicious falsehood and avoid the need to prove special damage.’
UKSC Blog, 11th December 2023
Source: ukscblog.com
‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’
Nearly Legal, 10th December 2023
Source: nearlylegal.co.uk
‘Wheatcroft, then Holborn, now Bramley – the Planning Court has ruled on practicalities of amendments at appeal stage. Thea Osmund-Smith and Odette Chalaby provide a digest of the decision.’
Local Government Lawyer, 8th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’
Legal Futures, 11th December 2023
Source: www.legalfutures.co.uk
‘The Court of Appeal has held that by refusing Mr Ozmen—a Turkish national—leave to remain in the UK as a businessperson pursuant to the European Community Association Agreement (or “ECAA”) between the UK and Turkey, the first instance decision-maker, the administrative reviewer and even the judge conducting a judicial review had all fallen into error in rejecting Mr Ozmen’s proposal on the basis of a superficial search resulting in wrong factual information about the viability of one potential customer. That flaw had undermined the decision-making at all levels. It was also quite irrational to reject the entire application on the basis of an analysis of evidence about the viability of one customer where the overall scheme of the evidence about four potential customers showed that there was broad demand for Mr Ozmen’s services. Mr Ozmen appealed against the dismissal of his claim for judicial review of the SSHD’s refusal to grant him leave to remain in the UK as a businessperson under the ECAA. He had arrived in the UK having been granted leave to enter as a short-term student in December 2019 and in May 2020, he applied for leave to remain here as a business person. His plan was to work as a mobile barber in and around the town of Glossop (Derbyshire) and he had submitted a detailed proposal with his application. On 15 March 2021, his application was refused and his administrative review application was unsuccessful on 7 February 2022 and he was advised to leave the country.’
EIN Blog, 5th December 2023
Source: www.ein.org.uk
‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’
Nearly Legal, 3rd December 2023
Source: nearlylegal.co.uk
‘A new ruling should encourage more organisations to seek to resolve their disputes out-of-court via mediation or other alternative dispute resolution (ADR) procedures, according to experts in dispute resolution.’
OUT-LAW.com, 1st December 2023
Source: www.pinsentmasons.com
‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’
OUT-LAW.com, 4th December 2023
Source: www.pinsentmasons.com
‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’
Local Government Lawyer, 29th November 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 29th November 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 27th November 2023
Source: www.theguardian.com
‘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.’
Local Government Law, 29th November 2023
Source: local-government-law.11kbw.com
‘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.’
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, 24th November 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Law Society's Gazette, 27th November 2023
Source: www.lawgazette.co.uk
‘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.’
Legal Futures, 24th November 2023
Source: www.legalfutures.co.uk
‘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.’
Law Society's Gazette, 23rd November 2023
Source: www.lawgazette.co.uk
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