UK staff to gain right to request flexible working from day one – The Guardian

Posted September 21st, 2021 in consultations, equality, flexible working, news, reasons by sally

‘Employees will have the right to request flexible working from the moment they start a job, with companies obliged to explain their reasons if it is then refused, the government will propose in a consultation document this week.’

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The Guardian, 20th September 2021

Source: www.theguardian.com

Perils of going against officer advice – Law Society’s Gazette

‘Skiing off-piste is dangerous. Reasons include instability of snow, hidden rocks and cliff edges and inaccessibility. Similarly, if local authority planning committee members go ‘off-piste’ in determining an issue against officer recommendations, without giving intelligible and adequate reasons for doing so, their decision risks a fatal crash in the High Court. So on 21 May 2021 Mrs Justice Tipples quashed planning consent given by Cornwall County Council for the development of a detached two-storey agricultural dwelling with garage and parking in the Rame Head area of outstanding natural beauty (AONB) against officer recommendations. This was because the council ‘was under a common law duty to give reasons for the grant of planning permission’ and it was ‘a case where the defects in reasons go to the heart of the justification for permission and undermine its validity.’ The case in question was R (Cross) v Cornwall Council [2021] EWHC 1323 (Admin).’

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Law Society's Gazette, 19th July 2021

Source: www.lawgazette.co.uk

Court of Appeal allows appeal by father against abuse findings over insufficient reasoning, failure by judge to take into account material factors – Local Government Lawyer

Posted February 18th, 2021 in child abuse, domestic violence, evidence, judgments, news, reasons by sally

‘The Court of Appeal has allowed an appeal by a father over a Family Court judge’s finding that he had abused his daughter, with the matter remitted to be reheard by a different judge.’

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Local Government Lawyer, 17th February 2021

Source: www.localgovernmentlawyer.co.uk

Letters to UK crime victims from CPS ‘unsatisfactory’ – The Guardian

Posted October 22nd, 2020 in Crown Prosecution Service, news, prosecutions, rape, reasons, reports, victims by sally

‘Letters to victims of rape and other crimes sent by the Crown Prosecution Service explaining legal decisions are of poor quality, lack human empathy and are frequently late, according to an official watchdog.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

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Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Judge gives reasons for granting interim injunction prohibiting anti-HS2 protesters from overnight sleeping and other acts on council land next to construction site – Local Government Lawyer

‘A High Court judge has issued his reasons for last month granting Hillingdon Council a limited interim injunction preventing a number of named defendants and persons unknown from doing certain acts on land at Harefield Moor owned by the council and adjoining the site of construction works for part of the HS2 railway line.’

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Local Government Lawyer, 5th August 2020

Source: www.localgovernmentlawyer.co.uk

Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers

Posted June 16th, 2020 in chambers articles, housing, news, planning, reasons by sally

‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’

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Landmark Chambers, 8th June 2020

Source: www.landmarkchambers.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part Two – UKSC Blog

‘There are a number of ways in which this judgment opens the door to arguments about its wider impact.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

Case Comment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55, Part One – UKSC Blog

‘If an employee is dismissed on bogus grounds invented by someone more senior than her in the business, that person’s true reason for acting as they did will be the real reason for the dismissal, even if the decision to dismiss was made by another person acting in good faith in reliance on the bogus grounds.’

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UKSC Blog, 17th February 2020

Source: ukscblog.com

Out of time but not out of mind – Nearly Legal

‘We saw the High Court in this case take an incredibly strict approach to homelessness section 204 appeal timescales (our report), deciding that seeking legal aid representation could not be a good reason for filing an appeal out of time because, well, the substance of any appeal should be obvious to an unrepresented homeless applicant. We expressed considerable doubts about the realism of this decision at the time. Now, as it turns out, the Court of Appeal has had similar doubts.’

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Nearly Legal, 2nd February 2020

Source: nearlylegal.co.uk

Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette

Posted January 16th, 2020 in employment tribunals, news, reasons, striking out by sally

‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’

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Law Society's Gazette, 15th January 2020

Source: www.lawgazette.co.uk

Divorce reform swiftly returns to parliament – Law Society’s Gazette

Posted January 8th, 2020 in bills, divorce, marriage, news, reasons by sally

‘The government has swiftly put long-awaited divorce reform back on the agenda after reintroducing legislation to end what the justice secretary called ‘needless antagonism’.’

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Law Society's Gazette, 7th January 2020

Source: www.lawgazette.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers

‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Gliding Club’s successful challenge to approval of a residential barn conversion under the GPDO may have potentially significant implications under the Human Rights Act – Landmark Chambers

Posted November 20th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘In a judgment handed down yesterday by Mr Justice Swift, Coventry Gliding Club were successful in their judicial review challenge to Harborough District Council’s grant of prior approval for a residential barn conversion next to their airfield. The change of use of the barn to a dwelling is permitted development under Class Q of Part 3 of Schedule 2 to the General Permitted Development Order but this is subject to an application for prior approval under paragraph W of that Schedule.’

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Landmark Chambers, 14th November 2019

Source: www.landmarkchambers.co.uk

Court of Appeal allows appeal over care and placement orders over failure by judge to give adequately reasoned judgment – Local Government Lawyer

‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’

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Local Government Lawyer, 19th November 2019

Source: www.localgovernmentlawyer.co.uk

Gliding club win legal challenge over prior approval for barn conversion – Local Government Lawyer

Posted November 19th, 2019 in limitations, local government, news, notification, planning, reasons by sally

‘A long-established gliding club has won a Planning Court challenge over Harborough District Council’s decision to grant prior approval for a barn conversion on a site next to its airfield.’

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Local Government Lawyer, 18th November 2019

Source: www.localgovernmentlawyer.co.uk