Right to see Parole Board decisions comes into force – The Guardian

Posted May 22nd, 2018 in criminal justice, disclosure, news, parole, reasons by sally

‘Members of the public will be able to request summaries of Parole Board decisions on whether prisoners are safe to release under a law change prompted by the handling of the case of serial sex attacker John Worboys.’

Full Story

The Guardian, 22nd May 2018

Source: www.theguardian.com

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by tracey

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

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Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Justice Secretary announces ambitious first steps in overhaul of Parole Board – Ministry of Justice

Posted April 30th, 2018 in disclosure, parole, press releases, reasons, victims by tracey

‘The findings of the urgent review of parole processes have been published by Justice Secretary David Gauke today, alongside a package of ambitious reforms.’

Full press release

Ministry of Justice, 28th April 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 23rd, 2018 in divorce, judges, marriage, news, reasons by tracey

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

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Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by tracey

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

Posted February 19th, 2018 in appeals, environmental protection, news, planning, reasons by sally

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Newspapers threaten legal action for Worboys parole report – BBC News

Posted January 24th, 2018 in judicial review, media, Ministry of Justice, news, parole, rape, reasons, sexual offences by tracey

‘Two newspapers have threatened legal action if the Parole Board does not publish its reasons for agreeing to release convicted rapist John Worboys.’

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BBC News, 24th January 2018

Source: www.bbc.co.uk

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

Full Story

Local Government Law, 6th December 2017

Source: local-government-law.11kbw.com

Essop & Naeem in the Supreme Court: giving answers and provoking new questions in indirect discrimination – Cloisters

‘This summer’s Supreme Court decision in Essop reinstated the established postition in indirect discrimination cases – that there is no requirement for a claimant to establish the reason for disadvantage arising from the provision, criterion or practice in question.’

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Cloisters, 6th December 2017

Source: www.cloisters.com

Supreme Court to consider legal standard on adequacy of reasons in planning – Local Government Lawyer

Posted October 2nd, 2017 in judicial review, local government, news, planning, reasons, standards, Supreme Court by sally

‘The Supreme Court will next month consider the correct legal standard to be applied in assessing the adequacy of reasons provided by local planning authorities when granting planning permission.’

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Local Government Lawyer, 29th September 2017

Source: www.localgovernmentlawyer.co.uk

Ombudsman criticises council for errors in children’s complaints handling – Local Government Lawyer

Posted September 8th, 2017 in community care, complaints, learning difficulties, local government, news, reasons by tracey

‘The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.’

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Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

How does the costs budget affect the final bill? – Court of Appeal provides guidance in Harrison – Zenith PI

‘Recent uncertainty as to how a costs budget impacts on the final bill in relation to both incurred and estimated costs has, to some extent, been resolved by the judgment in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792.’

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Zenith PI, 6th July 2017

Source: zenithpi.wordpress.com

Harrison v. University Hospitals – Hailsham Chambers

Posted July 5th, 2017 in appeals, budgets, costs, news, proportionality, reasons by sally

‘In a decision handed down yesterday, the Court of Appeal in Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 791 determined important issues in costs budgeting. They are of relevance to all practitioners.’

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Hailsham Chambers, 22nd June 2017

Source: zm4b8103lu53ydv9q1e2go51-wpengine.netdna-ssl.com

No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

Full story

Free Movement, 19th May 2017

Source: www.freemovement.org.uk

Not “wrong in law” for judges to change transcripts – Litigation Futures

Posted May 19th, 2017 in amendments, judgments, judiciary, news, reasons by tracey

‘It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held.’

Full story

Litigation Futures, 19th May 2017

Source: www.litigationfutures.com

Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

Full story

Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

Giving up on (indirect) Discrimination Law – OUP Blog

‘Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long. The UKSC heard the appeal against the Court of Appeal’s ruling in Home Office v Essop (2015) in December 2016. It is still to deliver its judgment. Readers can look up doctrinal niceties in a note on this case [132 Law Quarterly Review (2016) 35]. In this post, I wish to discuss its broader policy implications.’

Full story

OUP Blog, 3rd April 2017

Source: www.blog.oup.com

Budgeting uncertainty set to roll on until Merrix appeal – Litigation Futures

Posted March 20th, 2017 in appeals, budgets, costs, news, reasons, stay of proceedings by tracey

‘The fall-out is continuing from the recent High Court decision that budgets bind the parties at detailed assessment unless there is good reason not to, although it seems clear that parties are waiting for a definitive ruling from the Court of Appeal.’

Full story

Litigation Futures, 16th March 2017

Source: www.litigationfutures.com