Virtual Hearings from a Practitioner’s Perspective – 23 Essex Street
‘Arnold Ayoo shares some observations and tips following his first online hearing, a High Court Appeal before Freedman J.’
23 Essex Street, 14th April 2020
Source: www.23es.com
Category: appeals
Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer
‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Interim Separation During Proceedings – Becket Chambers
‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’
Becket Chambers, 9th April 2020
Source: becket-chambers.co.uk
Court overturns £39k order against solicitor for unpaid medical fees – Law Society’s Gazette
‘A law firm owner has successfully challenged a court order to pay a personal injury diagnosis provider around £39,000 for unpaid fees.’
Law Society's Gazette, 14th April 2020
Source: www.lawgazette.co.uk
High Court overturns decision not to prosecute rape allegation – UK Human Rights Blog
‘The Divisional Court has recently handed down a novel decision in R (FNM) v DPP, considering the right of complainants to a fair opportunity to make representations to the Director for Public Prosecutions (“DPP”), and for those representations to be considered, when conducting a review under the Victims’ Right to Review Scheme (“the VRR Scheme”).’
UK Human Rights Blog, 14th April 2020
Source: ukhumanrightsblog.com
Appeal court urges rethink over set-off in QOCS cases – Litigation Futures
‘The Court of Appeal has urged the Civil Procedure Rule Committee to consider preventing defendants setting off costs in cases covered by qualified one-way costs shifting (QOCS).’
Litigation Futures, 14th April 2020
Source: www.litigationfutures.com
Not a disciplinary stick – PSED and homeless reviews – Nearly Legal
‘We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community Housing v Durdana. Now, in these joined appeals, the Court of Appeal turns its attention to PSED in homeless decisions and reviews.’
Nearly Legal, 12th April 2020
Source: nearlylegal.co.uk
High Court strikes off medical reports doctor for contempt – Litigation Futures
‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’
Litigation Futures, 14th April 2020
Source: www.litigationfutures.com
Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog
‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’
UK Human Rights Blog, 8th April 2020
Source: ukhumanrightsblog.com
Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer
‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’
Local Government Lawyer, 7th April 2020
Source: www.localgovernmentlawyer.co.uk
Another skirmish on the boundaries of vicarious liability: data protection this time – UK Human Rights Blog
‘This appeal concerned the circumstances in which an employer can be held to be vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998 (“DPA”).’
UK Human Rights Blog, 7th April 2020
Source: ukhumanrightsblog.com
Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub
‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’
Oxford Human Rights Hub, 7th April 2020
Source: ohrh.law.ox.ac.uk
Court of Appeal upholds order for disclosure to police of documents filed in care proceedings – Local Government Lawyer
‘The Court of Appeal has rejected a father’s appeal against an order for the disclosure of certain documents filed in childcare proceedings.’
Local Government Lawyer, 7th April 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal rejects appeal over changes made by county council to SEN transport policy affecting 16-18 year olds – Local Government Lawyer
‘The Court of Appeal has dismissed an appeal over a council’s decision to amend its Special Educational Needs Home to School/College Transport Policy for the 2019/20 academic year.’
Local Government Lawyer, 7th April 2020
Source: www.localgovernmentlawyer.co.uk
What a difference a PSED makes… – Nearly Legal
‘Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 – that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by the tenant or someone acting at the tenant’s instigation.’
Nearly Legal, 6th April 2020
Source: nearlylegal.co.uk
Bayer v NHS Darlington Appeal – NIPC Law
‘This was an appeal by Bayer Plc and Novartis Pharmaceuticals UK Limited against Mrs Justice Whipple’s judgment in Bayer Plc v NHS Darlington Clinical Commissioning Groups and others : [2019] PTSR 922, [2018] WLR(D) 589, [2018] EWHC 2465 (Admin) which I blogged in Bayer Plc v NHS Darlington CCG and Others 2 Oct 2018. In her judgment, Mrs Justice Whipple dismissed applications for judicial review by Bayer and Novartis of a decision by NHS Darlington and other Clinical Commissioning Groups in Northeast England that the NHS Trusts from which they commission services should use a drug called Avastin as the preferred treatment option for an eye disease generally referred to as wet age-related macular degeneration (“WAMD”).’
NIPC Law, 7th April 2020
Source: nipclaw.blogspot.com
What’s in an appeal? – Nearly Legal
‘What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way.’
Nearly Legal, 6th April 2020
Source: nearlylegal.co.uk
Vicarious liability — the new boundary dispute – UK Human Rights Blog
‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
Supreme Court holds hospital liable for commercial surrogacy — William Edis QC – UK Human Rights Blog
‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
New Judgment: WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 – UKSC Blog
‘This appeal concerns the circumstances in which an employer is vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
