‘A requirement on councils to consult on service improvements is not so wide as to mean consultations must be held on every decision, the Court Of Appeal has ruled.’
Local Government Lawyer, 5th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’
Local Government Lawyer , 6th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Airport expansion has taken a long and winding road, not least at Heathrow. But the proponents of the 3rd runway at Heathrow would have been heartened by the Secretary of State’s decision in June 2018 to set out a policy which preferred Heathrow over Gatwick and which was designed to steer planning processes thereafter in support of the new runway.’
UK Human Rights Blog, 27th February 2020
Source: ukhumanrightsblog.com
‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’
UKSC Blog, 26th February 2020
Source: ukscblog.com
‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’
Exchange Chambers, 20th February 2020
Source: www.exchangechambers.co.uk
‘In this case comment, Richard Bamforth and Laura West from CMS comment on the decision handed down last month in the matter of Micula and others v Romania [2020] UKSC 5. Richard Bamforth is a partner in the Litigation and Arbitration group of CMS, based in the London office. He specialises in international arbitration (as counsel and as arbitrator), commercial litigation and alternative dispute resolution, with a focus on cross border disputes in the media, banking, finance, insolvency, energy and telecommunications sectors. Laura West is an associate at CMS based in Edinburgh. She specialises in construction, engineering and energy disputes providing operational and strategic contract advice as well as representing clients through a range of dispute resolution procedures including arbitration, litigation, adjudication and mediation. Laura has a particular interest in arbitration and is the current Vice Chair of the Global Steering Committee for the Chartered Institute of Arbitrators’ Young Members Group.’
UKSC Blog, 2nd March 2020
Source: ukscblog.com
‘A local authority has failed in an appeal over a judge’s decision that a mother and child should be reunited in a different residential unit.’
Local Government Lawyer, 28th February 2020
Source: www.localgovernmentlawyer.co.uk
‘An employer acted reasonably in relying on legal advice that the restrictive covenants on a new employee were unlikely to be enforceable, even though they proved to be, the Court of Appeal has ruled.’
Legal Futures, 2nd March 2020
Source: www.legalfutures.co.uk
‘In R (Gallaher Group Ltd) v Competition and Markets Authority the Supreme Court ruled that UK domestic law “does not recognise equal treatment as a distinct principle of administrative law. Consistency … is a “generally desirable” objective, but not an absolute rule.” (para 24). It took the view that issues of consistency generally arise as aspects of the irrationality ground (paras 26, 50). This ruling has been seen as putting in doubt the previously established duty to decide consistently with relevant policy guidelines. In this post, I will show that the scope of the ruling does not extend this far.’
UK Constitutional Law Association, 27th February 2020
Source: ukconstitutionallaw.org
‘The Court of Appeal is set to make a ruling over Heathrow’s expansion in a case described by green groups as massively significant. Judges will decide whether Heathrow’s expansion plans took into account climate change commitments.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’
Old Square Chambers, 24th February 2020
Source: www.oldsquare.co.uk
‘It has long been recognized in English law that it is no defence to a breach of an order of the court to assert that the order itself was invalid [1]. The public policy grounds for this are obvious; justifying conduct breaching a court order on the basis that the defendant took the view, rightly or wrongly, that the order was invalid would undermine the central principle of legal certainty. Therefore, the correct time to mount such a challenge was before any conduct had taken place that breached the order. This has, of course, the effect of holding individuals liable for breaches of orders that should never have existed in the first place.’
6KBW College Hill, 20th February 2020
Source: blog.6kbw.com
‘Sarah Wood provides her Corporate Crime analysis for Lexis Nexis PSL in relation to recent case of NCA v Hajiyeva: Mrs Hajiyeva’s case attracted a great deal of publicity when the unexplained wealth order (UWO) was imposed upon her in February 2018. Known for her lavish spending in Harrods, her case caught the interest of the press—not least as it was the first UWO to have been obtained.’
5 SAH, 25th February 2020
Source: www.5sah.co.uk
‘An appellant has lost his appeal over a closure order under the Anti-social Behaviour, Crime and Policing Act 2014 that meant he was barred from accessing his flat.’
Local Government Lawyer, 26th February 2020
Source: www.localgovernmentlawyer.co.uk
‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’
Litigation Futures, 25th February 2020
Source: www.litigationfutures.com
‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘A violent domestic abuser has been imprisoned for three years after the solicitor general successfully challenged his previous sentence in a landmark case at the court of appeal.’
The Guardian, 25th February 2020
Source: www.theguardian.com
‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’
Transparency Project, 23rd February 2020
Source: www.transparencyproject.org.uk
‘In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference, highlights two problems caused by the Supreme Court’s refusal to accept consistency as a ground of review in R (Gallaher Group Ltd) v The Competition and Markets Authority. Firstly, the lack of a clear framework for how irrationality should be applied creates a risk that judges accept tangential or irrelevant justifications for inconsistency. Secondly, by keeping consistency within the irrationality framework without any articulation of how separation of powers concerns fluctuate in different contexts, there is a risk of overly deferential decisions. In MR (Pakistan) both of these risks materialised with seriously deleterious consequences for immigration detainees held in prisons.’
UK Constitutional Law Association, 24th February 2020
Source: ukconstitutionallaw.org
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