‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
‘The case concerned the interpretation of an indemnity clause in an amended Shellvoy6 form Charterparty and whether the Claimant time charterers should be granted injunctive relief, in the form of security to be provided by the Defendant voyage charterers, so as to enable release of the MT “Miracle Hope” (the “Vessel”), which was under arrest in Singapore.’
33 Bedford Row, 7th April 2020
Source: www.33bedfordrow.co.uk
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
‘Recent high-profile extradition cases have breathed new life into the old question of whether extradition relations between the US and the UK are imbalanced. On 12 February 2020, the Leader of the Opposition stated in Parliament “this lopsided treaty means the US can request extradition in circumstances that Britain cannot”. The Prime Minister replied: “to be frank, I think the right honourable Gentleman has a point in his characterisation of our extradition arrangements with the United States”. It is a question that has arisen time and again since the UK ratified the US/UK Extradition Treaty 2003 (‘the 2003 Treaty’). So, where does the truth of the matter lie?’
6KBW College Hill, 9th April 2020
Source: blog.6kbw.com
‘In the recent deportation case of Buci (Part 5A: “partner”: Albania) [2020] UKUT 87 (IAC)(‘Buci’) the Upper Tribunal (Lane J (President) + Mandalia (Upper Tribunal Judge)) has: (i) defined the meaning of “partner” for the purposes of the exception contained at sections 117C(5)/117D(1) of the Nationality, Immigration and Asylum Act 2002; and (ii) clarified that, even if the relationship relied upon is not with a ‘partner’, it will still be necessary to consider the effect of deportation on the other person.’
33 Bedford Row, 7th April 2020
Source: www.33bedfordrow.co.uk
‘Driving to the countryside and walking – where more time is spent doing the latter than the former – is among a list of reasonable excuses for Britons leaving their home during the coronavirus lockdown, according to advice issued to police.’
The Guardian, 16th April 2020
Source: www.theguardian.com
‘Cornwall Council has won an appeal over whether its grant of planning permission for new holiday lodges was lawful in a case where relevant policies of the development plan pointed “in different directions”.’
Local Government Lawyer, 15th April 2020
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
‘The First-tier Tribunal (FTT) acted irrationally and put a council in an impossible position when it ordered it to issue a caravan site licence, the Upper Tribunal (Lands Chamber) has decided.’
Local Government Lawyer, 2nd April 2020
Source: www.localgovernmentlawyer.co.uk
‘For those wishing to exercise their exercise rights, the new Coronavirus regulations treat English and Welsh joggers rather differently.’
UK Police Law Blog, 27th March 2020
Source: ukpolicelawblog.com
‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’
UK Police Law Blog, 25th March 2020
Source: ukpolicelawblog.com
‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’
Oxford Human Rights Hub, 17th March 2020
Source: ohrh.law.ox.ac.uk
‘The Court of Appeal held that the First-Tier Tribunal (FTT) had correctly construed the meaning of ‘necessary’ in section 37(1) of the Children and Families Act 2014 (CFA 2014) in finding that it was necessary for special educational provision to be made for HD in accordance with an EHC Plan. This was despite his school having identified his needs, made provision to meet those needs and HD making progress at school. The court considered and affirmed the approach to making a determination under CFA 2014, s 37, determining what is ‘necessary’ requires an evaluative judgment based on the facts of each case.’
3PB, 9th March 2020
Source: www.3pb.co.uk
‘While words can mean different things to different people, in libel the parties are concerned with finding the single meaning the words complained of bear. Meaning is important, because it will determine to a large extent what defences a defendant could viably run (for example truth or honest opinion).’
Law Society's Gazette, 16th March 2020
Source: www.lawgazette.co.uk
‘A High Court judge has rejected a developer’s application for summary judgment of its claim for a declaration that residential development of land in Holt, Norfolk was not bound by obligations contained in a section 106 agreement.’
Local Government Lawyer, 9th March 2020
Source: www.localgovernmentlawyer.co.uk
‘I have kindly been sent a couple of county court Circuit Judge decisions on the issue of whether section 8 notices (where the ground is rent arrears) have to comply with the requirements of section 47 Landlord and Tenant Act 1987 by the inclusion of the landlord’s name and address. They reach contradictory conclusions, leaving open an issue to be resolved by a higher court, and a further issue for first instance courts.’
Nearly Legal, 8th March 2020
Source: nearlylegal.co.uk
‘Associated Newspapers has won the first round of a legal battle with property owners over the meaning of an article published on Mail Online.’
OUT-LAW.com, 6th March 2016
Source: www.pinsentmasons.com
‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’
Atkin Chambers, 20th February 2020
Source: www.atkinchambers.com
‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
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