‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’
Litigation Futures, 7th August 2018
Source: www.litigationfutures.com
‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 16th July 2018
Source: www.localgovernmentlawyer.co.uk
‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’
Nearly Legal, 18th May 2018
Source: nearlylegal.co.uk
‘NHS England faces a legal challenge to its plans to overhaul how the health service operates, which critics say are unlawful and could lead to patients being denied treatment.’
The Guardian, 23rd April 2018
Source: www.theguardian.com
‘Britain and other European countries have been accused of breaching international law, as it emerged that the number of asylum seekers forced to return to Afghanistan has tripled at a time when civilian casualties in the country are at a record high.’
The Guardian, 5th October 2017
Source: www.theguardian.com
‘The Home Office has been accused of violating a court order to deport an Afghan man threatened with beheading by the Taliban.’
The Independent, 13th September 2017
Source: www.independent.co.uk
‘The defendant, Islington Borough Council, maintained an allocation scheme which provided that certain categories of people were excluded from joining the housing register, including those who had lived in the borough for less than three out of the previous five years. However, the scheme allowed for exceptions to be made. In particular, in respect of homeless applicants to whom a long-term housing duty under Part 7 Housing Act 1996 had been accepted.’
Garden Court Chambers, 5th July 2017
Source: www.gardencourtchambers.co.uk
‘The Government has issued guidance to prosecutors not to bring charges for unlawful subletting at Grenfell Tower so that victims can be identified.’
Local Government Lawyer, 3rd July 2017
Source: www.localgovernmentlawyer.co.uk
‘The former head of NHS Digital has said he was put under “immense pressure” by the Home Office under Theresa May to release data on immigrants despite his concerns over its legality.’
The Independent, 1st February 2017
Source: www.independent.co.uk
‘A conman who was found to be selling washing powder as cocaine has ended up in court for fraud.’
Daily Telegraph, 4th October 2016
Source: www.telegraph.co.uk
‘When the Court of Appeal heard this claim, Gloster LJ began her judgment with what Lord Toulson in the Supreme Court called a “cri de coeur”.’
Cloisters, 26th July 2016
Source: www.cloisters.com
‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’
Henderson Chambers, 25th July 2016
Source: www.hendersonchambers.co.uk
‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’
UK Constitutional Law Association, July 2016
Source: www.ukconstitutionallaw.org
‘By acting in defiance of the UN charter, as I warned when I was a Foreign Office lawyer in 2003, we put our reputation at risk. So it has proved.’
The Guardian, 7th July 2016
Source: www.guardian.co.uk
‘More than 7 years after Gordon Brown first announced that a public Inquiry would be conducted to identify lessons that could be learned from the Iraq conflict, the Chilcot report was finally published on7 July 2016. However, it was worth the wait. This post does not seek to summarise the report: there are many other good overviews (such as the BBC’s ). The report’s executive summary, in particular the key findings section, is also well worth a read. The intention is to cover in this and subsequent posts some of the key legal issues raised by the report. This post considers the relevance of the Chilcot report’s findings to the broader issue of whether Britain’s intervention in Iraq was legal – an issue which was not itself within the remit of the inquiry.’
UK Human Rights Blog, 7th July 2016
Source: www.ukhumanrightsblog.com
‘It is fairly well-established in competition cases that the hypothetical counterfactual – which, for the purposes of causation, posits what the situation would have been absent any breach of competition law – cannot contain unlawful elements: see e.g. Albion Water Ltd v Dwr Cymru [2013] CAT 6. In a normal case, C will claim damages, arguing – let’s say – that D abused a dominant position by imposing discriminatory prices. D defends the claim on the basis that, absent any abuse, it would have set prices at a certain (high) level. C replies that those prices too would have been discriminatory – i.e. the counterfactual is inappropriate.’
Competition Bulletin from Blackstone Chambers, 24th February 2016
Source: www.competitionbulletin.com
‘The Court of Appeal says “yes”, it is generally lawful to detain immigration detainees in prisons rather than detention centres. The case is R (On the Application Of Idira) v The Secretary of State for the Home Department [2015] EWCA Civ 1187 and the Court rules that there is no principle that administrative immigration detention in prison generally breaches Article 5(1) of the European Convention on Human Rights, the right to liberty. In giving judgment, though, the Master of the Rolls acknowledges that “detention in an IRC is generally more appropriate for immigrant detainees than detention in prison”.’
Free Movement, 24th November 2015
Source: www.freemovement.org.uk
‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’
Zenith PI Blog, 8th May 2015
Source: www.zenithpi.wordpress.com
‘Some of the UK’s most senior judges have said it is necessary to review how the so-called ‘illegality defence’ should be applied.’
Full story
OUT-LAW.com, 24th April 2015
Source: www.out-law.com
‘Nigel Farage is quoted yesterday as preferring immigrants to be Australians and Indians rather than EU citizens, because they probably speak English and “understand common law.”’
UK Human Rights Blog, 23rd April 2015
Source: www.ukhumanrightsblog.com
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