Woman wins right to late partner’s military pension in landmark ruling – BBC News
‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’
BBC News, 17th July 2019
Source: www.bbc.co.uk
Category: appeals
Tommy Robinson Is Jailed For Contempt Of Court: Here’s What It Means – Rights Info
‘Former English Defence League leader Tommy Robinson has been jailed for nine months after being found guilty of contempt of court.’
Rights Info, 11th July 2019
Source: rightsinfo.org
Tommy Robinson jailed for contempt of court – BBC News
‘The ex-English Defence League leader was found guilty last week of interfering with the trial of a sexual grooming gang at Leeds Crown Court in May 2018.’
BBC News, 11th July 2019
Source: www.bbc.co.uk
Costs award overturned after judge read ‘without prejudice’ letters – Litigation Futures
‘A judge was wrong to make a costs order after viewing ‘without prejudice’ material relating to settlement discussions that was not marked “save as to costs”, the Employment Appeal Tribunal (EAT) has ruled.’
Litigation Futures, 9th July 2019
Source: www.litigationfutures.com
Free speech victory or charter for higher costs? – Law Society’s Gazette
‘The Supreme Court’s recent clarification of the ‘serious harm’ threshold for defamation claims has been welcomed by newspapers as a victory for free speech. In fact, it is more likely to mean escalating costs and uncertainty for claimants and defendants alike.’
Law Society's Gazette, 8th July 2019
Source: www.lawgazette.co.uk
Developer fails in Court of Appeal bid to overturn ruling that neighbourhood plan challenge was brought out of time – Local Government Lawyer
‘Lord Justice Lindblom said the main question in Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 was how one should understand the statutory provisions – in section 61N of the Town and Country Planning Act 1990 – for proceedings to challenge the steps taken by a local planning authority in making a neighbourhood plan.’
Local Government Lawyer, 9th July 2019
Source: www.localgovernmentlawyer.co.uk
Unduly lenient sentences review scheme ‘inadequate’ – BBC News
‘A third of public requests to extend “lenient” sentences are rejected because the crimes committed are not eligible for review, data reveals.’
BBC News, 9th July 2019
Source: www.bbc.co.uk
UK ministers challenge court ruling on Saudi Arabia arms sales – The Guardian
‘Ministers have asked the courts to set aside a landmark ruling that British arms sales to Saudi Arabia are unlawful, a legal manoeuvre that prompted Jeremy Corbyn to accuse the Conservatives of prioritising military exports over civilian lives.’
The Guardian, 8th July 2019
Source: www.theguardian.com
University conducted flawed disciplinary proceedings in removing MA student from social work over disapproval of homosexual acts: Court of Appeal – Local Government Lawyer
‘A university conducted flawed disciplinary proceedings when it removed an MA student from a social work course for fitness to practice reasons, after he expressed religions views on a public social media platform disapproving of homosexual acts.’
Local Government Lawyer, 5th July 2019
Source: www.localgovernmentlawyer.co.uk
Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part Two – UKSC Blog
‘In order to make good an art 14 claim, a claimant has to establish that (a) the Jones_Jcircumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified. In a Thlimmenos claim, the third question becomes “they have been treated the same as others in a relevantly different situation”. The way in which those issues were resolved by Lord Wilson for the majority is summarised above, but the court’s analysis of status and justification is worth some closer consideration.’
UKSC Blog, 2nd July 2019
Source: ukscblog.com
Case Comment: R (DA & Ors) v Secretary of State for Work & Pensions [2019] UKSC 21 Part One – UKSC Blog
‘In these joined appeals, the Supreme Court considered whether the “revised benefit Jones_Jcap” – the effect of which is to restrict the maximum amount of benefits payable to couples and lone parents to £23000 in London and £20000 elsewhere – discriminated against the lone parents of young children, and against the children themselves. The Supreme Court decided by a majority of 5-2 that it did not, though there were various differences of opinion even amongst the majority.’
UKSC Blog, 2nd July 2019
Source: ukscblog.com
Christian wins appeal after being thrown off social work course – The Guardian
‘A devout Christian thrown off a university social work course after being accused of posting derogatory comments about gay and bisexual people on Facebook has won the latest round of a legal battle.’
The Guardian, 3rd July 2019
Source: www.theguardian.com
Council wins High Court battle over development and certificate of lawfulness – Local Government Lawyer
‘A borough council has won a High Court challenge over a planning inspector’s decision to allow an appeal against the local authority’s refusal of a certificate of lawfulness of proposed use or development.’
Local Government Lawyer, 3rd July 2019
Source: www.localgovernmentlawyer.co.uk
Re-opening final decisions of police injury benefit determinations – UK Police Law Blog
‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’
UK Police Law Blog, 2nd July 2019
Source: ukpolicelawblog.com
Michael Barrymore drops police compensation claim – BBC News
‘Michael Barrymore has dropped a compensation claim for being arrested over the death of a man at his home.’
BBC News, 1st July 2019
Source: www.bbc.co.uk
Court of Appeal rejects challenge to lawfulness of discriminatory allocation of housing on ground of religion – Local Government Lawyer
‘The Court of Appeal has rejected an appeal against a Divisional Court ruling that a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
Supreme Court refuses government permission to appeal in pensions dispute with firefighters – Local Government Lawyer
‘The Supreme Court has this week refused the Government permission to appeal in a long-running dispute with the Fire Brigades Union over changes to firefighters’ pensions in 2015.’
Local Government Lawyer, 28th June 2019
Source: www.localgovernmentlawyer.co.uk
Supreme Court to rule next week on implying condition restricting use of premises into planning permission – Local Government Lawyer
‘The Supreme Court will next week (3 July) rule on the London Borough of Lambeth’s appeal over whether a condition restricting the use of premises should be implied into a planning permission granted by the council, or, alternatively, whether the planning permission should be interpreted as containing such a condition.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub
‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’
Oxford Human Rights Hub, 26th June 2019
Source: ohrh.law.ox.ac.uk
Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association
‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’
UK Constitutional Law Association, 26th June 2019
Source: ukconstitutionallaw.org
