Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by sally

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Council refused permission for appeal of tribunal order requiring it to publish redacted report – Local Government Lawyer

‘Havering Council has been refused permission to appeal a First-tier Tribunal (General Regulatory Chamber) order that it publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal ruling opens door to motor finance mis-selling claims – Legal Futues

Posted October 28th, 2024 in appeals, claims management, disclosure, fiduciary duty, law firms, news by sally

‘The Court of Appeal has opened the door to billions of pounds worth of claims for mis-sold motor finance after finding dealers in breach of their fiduciary duty to customers.’

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Legal Futures, 28th October 2024

Source: www.legalfutures.co.uk

Lucy Letby refused permission to appeal against attempted murder conviction – The Guardian

‘Lucy Letby has been refused permission to appeal against a conviction for attempting to murder a baby girl, as judges ruled she was able to have a fair trial.’

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The Guardian, 24th October 2024

Source: www.theguardian.com

Trans Parenthood in the UK: The “Unanswered Questions” of the McConnell Litigation – Cambridge Law Journal

‘This article considers three “unanswered questions” raised by R. (McConnell) v Registrar General for England and Wales (AIRE Centre Intervening) [2020] EWCA Civ. 559, which held that a trans man (with a Gender Recognition Certificate) who gave birth must be registered as “mother” on his child’s birth certificate. This article considers these questions to clearly situate McConnell within the context of the UK’s legal regimes concerning access to fertility treatment, gender recognition and legal parenthood in cases involving assisted reproduction. The article argues that clearly establishing the current legal position will provide the proper context to facilitate any subsequent legal reforms.’

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Cambridge Law Journal, 3rd October 2024

Source: www.cambridge.org

Supreme Court: clients must agree specific costs deductions – Legal Futures

Posted October 25th, 2024 in appeals, costs, damages, fees, law firms, news, solicitors, Supreme Court by sally

‘Solicitors cannot deduct their costs from a client’s damages without their agreement to the precise amount, the Supreme Court ruled today.’

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Legal Futures, 23rd October 2024

Source: www.legalfutures.co.uk

Developer wins High Court challenge after inspector misinterpreted policy in neighbourhood plan – Local Government Lawyer

Posted October 25th, 2024 in appeals, housing, interpretation, local government, news, planning by sally

‘Housebuilder Cora Homes has won on one of four grounds in a planning appeal, with Mr Justice Mould ruling he could not say the decision of the inspector concerned would have been the same without the error made.’

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Local Government Lawyer, 24th October 2024

Source: www.localgovernmentlawyer.co.uk

Man faces jail over AI-generated child abuse images – BBC News

‘A graphic design student used artificial intelligence to create child abuse images that he then sold to other paedophiles.’

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BBC News, 23rd October 2024

Source: www.bbc.co.uk

Court of Appeal refuses certification challenge in Gormsen v Meta – OUT-LAW.com

‘The Court of Appeal in London has dismissed arguments that the Competition Appeal Tribunal (CAT) erred in law by permitting an “unfair pricing” argument and in its assessment of the “unfair trading conditions” argument.’

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OUT-LAW.com, 23rd October 2024

Source: www.pinsentmasons.com

Extra time – Kingsley Napley Employment Law Blog

Posted October 24th, 2024 in appeals, chambers articles, employment, news, Supreme Court, taxation by sally

‘Waqar Shah and Andy Norris analyse the latest decision of the Supreme Court in the case of Professional Game Match Officials Ltd, which has been referred back to the First-tier Tribunal.’

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Kingsley Napley Employment Law Blog, 22nd October 2024

Source: www.kingsleynapley.co.uk

Supreme Court clarifies suitable alternative remedies to judicial review – OUT-LAW.com

Posted October 22nd, 2024 in appeals, human rights, judicial review, news, Northern Ireland, nuisance, Supreme Court by sally

‘The UK Supreme Court has made it clear that judicial review is generally available to hold regulators to account and ensure they fulfil their functions.’

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OUT-LAW.com, 21st October 2024

Source: www.pinsentmasons.com

Stonehenge conservation group fails in Court of Appeal bid for judicial review of dual carriageway development consent – Local Government Lawyer

Posted October 22nd, 2024 in appeals, historic buildings, judicial review, local government, news, planning, roads by sally

‘Save Stonehenge World Heritage Site, a conservation group aiming to protect the prehistoric structure, has failed in a judicial review challenge to the previous Government’s decision to approve a £2.5bn road scheme through the site.’

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Local Government Lawyer, 21st October 2024

Source: www.localgovernmentlawyer.co.uk

Equality Act assessors and open advice – Nearly Legal

‘Laidley v Metropolitan Housing Trust Limited (2024) EWHC 2611 (Ch). This was the joined hearing of two appeals from a possession claim on grounds of anti social behaviour. Mr Laidley had an assured tenancy from Metropolitan from 2009. There had been complaints of anti social behaviour and Metropolitan brought possession proceedings.’

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Nearly Legal, 20th October 2024

Source: nearlylegal.co.uk

Court “lacks jurisdiction” to protect party’s lawyers from abuse – Legal Futures

Posted October 21st, 2024 in appeals, confidentiality, employment, harassment, injunctions, jurisdiction, law firms, news by sally

‘The High Court does not have jurisdiction to grant claimants a protective injunction stopping a defendant from harassing their lawyers, a judge has ruled.’

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Legal Futures, 21st October 2024

Source: www.legalfutures.co.uk

Practice Direction 12J, fact find hearings and child arrangements – E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 – Becket Chambers

‘E, F and G (Interim Child Arrangements) [2024] EWCA Civ 874 was a recent appeal brought by the Mother on 2 grounds; the first in respect of a child arrangements order made for unsupervised contact and the second regarding an adjournment due to a Qualified Legal Representative (‘QLR’) not being available for the fact find hearing. This article will focus on the first ground in respect of the child arrangements order.’

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Becket Chambers, 30th September 2024

Source: becket-chambers.co.uk

Upper Tribunal remits rent repayment order case for fresh hearing amid claims of misinformation on council website about HMOs – Local Government Lawyer

‘The Upper Tribunal (Lands Chamber) has held that potentially inaccurate information on a local authority’s website about houses in multiple occupation (HMO) might give a landlord a reasonable excuse for not having a license in defending a rent repayment order application.’

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Local Government Lawyer, 17th October 2024

Source: www.localgovernmentlawyer.co.uk

Sex and the erasure of legal parenthood: P v Q and F (child: legal parentage) [2024] EWCA civ 878 – Journal of Scial Welfare and Family Law

Posted October 17th, 2024 in appeals, artificial insemination, birth certificates, families, news by sally

‘Imagine a scenario in which a same sex female married couple, P and Q, decide to become parents together. They find a sperm donor (F) online, and after two unsuccessful attempts at insemination, P conceives and gives birth to a daughter, X. Happily for P and Q, the law in the UK was changed in 2008 in order to enable both of them to be registered as X’s parents on her birth certificate, P as her mother and Q as her second legal parent. Three years later, P and Q’s relationship breaks down. While we are used to the law stepping in to resolve questions about money and the child’s living arrangements, in relation to a same sex female couple, UK law also does something completely extraordinary. It enables the mother to have the second legal parent’s name removed from the birth certificate, and replaced with that of the sperm donor.’

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Journal of Social Welfare and Family Law, 16th October 2024

Source: www.tandfonline.com

Clarity on the Merits Threshold for Freezing Injunctions: the Court of Appeal in Isabel dos Santos v Unitel S.A. – The 36 Group

Posted October 16th, 2024 in appeals, chambers articles, costs, freezing injunctions, injunctions, loans, news by sally

‘By a Judgment handed down on 30 September 2024 the Court of Appeal dismissed an appeal by Ms Isabel dos Santos against a worldwide freezing order (WFO) and a consequential costs order granted against her by Bright J on 20 December 2023. The Judgment provides welcome clarity in the wake of conflicting authority on the proper approach to the merits threshold for obtaining a freezing injunction, and also confirms the approach to be taken on costs.’

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The 36 Group, 9th October 2024

Source: 36group.co.uk

Bankrupt challenging pre-bankruptcy judgment of ordinary civil court – 33 Bedford Row

Posted October 16th, 2024 in appeals, bankruptcy, chambers articles, insolvency, news, trustees in bankruptcy by sally

‘Where a bankrupt wishes to challenge a pre-bankruptcy judgment against him in the ordinary civil court (i.e. appeal the judgment or apply to set the judgment aside, in the ordinary civil court), can the bankrupt just issue an application (N161 Appellant’s Notice or N244 Application Form)? In particular, does the bankrupt have standing (‘locus standi’ as it used to be known) – that is – the right or capacity – to issue the relevant application, or must somehow the trustee in bankruptcy (‘TIB’) be involved, and/or the bankruptcy court involved?’

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33 Bedford Row, 1st October 2024

Source: www.33bedfordrow.co.uk