Revival of section 3C leave approved by Court of Appeal – EIN Blog

‘R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021). In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time appeal against the refusal of an application to vary limited leave to remain, the original leave was revived under section 3C(2)(c) of the Immigration Act 1971 with future effect from the time when the appeal was instituted. The appeal was instituted and became a pending appeal within section 3C(2)(c) when the notice of appeal was filed, not the date when the extension of time was granted. The Court of Appeal found that the withdrawal of a decision did not have the consequence of causing leave to be extended retroactively under section 3C from the date of the decision. Three conjoined appeals, namely those of Ms Akinola, Mr Abbas and Mr Anwar, raised issues about the interpretation and effect of section 3C which provides for the extension of immigration leave in certain defined circumstances. Of key importance was the position under section 3C where an application has been made to vary existing leave, the application has been refused by a decision of the SSHD, and later (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the decision-maker withdraws and/or reconsiders the decision. The issues arose in the context of applications under paragraph 276B of the Immigration Rules for Indefinite Leave to Remain (ILR) on the ground of long residence.’

Full Story

EIN Blog, 13th September 2021

Source: www.ein.org.uk

Court of Appeal agrees to hear appeal by Health Secretary in dispute over interpretation of ‘ordinary residence’ and s.117 Mental Health Act – Local Government Lawyer

‘The Court of Appeal has granted the Department of Health and Social Care permission to appeal a key ruling on the issue of ‘ordinary residence’ for the purposes of s.117(3) of the Mental Health Act.’

Full Story

Local Government Lawyer, 31st August 2021

Source: www.localgovernmentlawyer.co.uk

Does The Legal Definition Of Rape Need Updating? – Each Other

‘The current legal definition of rape means that victims of sexual assault without penile penetration cannot technically claim the word, feeding the stigma felt by some survivors.’

Full Story

Each Other, 17th August 2021

Source: eachother.org.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

Full Story

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Case Comment: Matthew and others v Sedman and others [2021] UKSC 19 – UKSC Blog

‘In this post, Max Eshraghi, an associate working within the insurance team at CMS, comments on the decision handed down by the UK Supreme Court in the matter of Matthew and others v Sedman and others [2021] UKSC 19, which concerns the application of limitation timebar.’

Full Story

UKSC Blog, 4th August 2021

Source: ukscblog.com

Pick the first landlord up – Nearly Legal

Posted July 30th, 2021 in appeals, debts, housing, landlord & tenant, news, rent, statutory interpretation by sally

‘This is the Court of Appeal judgment on an appeal from the Upper Tribunal (Lands Chamber) appeal. It is of huge significance for Rent Repayment Order applications where the tenants’ immediate landlord is an intermediate landlord (like all rent to rent set ups) or where there are so many and various companies involved that it is hard to work out who the immediate landlord actually is.’

Full Story

Nearly Legal, 29th July 2021

Source: nearlylegal.co.uk

New Judgment: Royal Mail Group Ltd v Efobi [2021] UKSC 33 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law: (i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases and (ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’

Full Story

UKSC Blog, 23rd July 2021

Source: ukscblog.com

Preserving causes of action in an insolvency context: reasonable diligence and the Limitation Act – Gatehouse Chambers

‘What is reasonable diligence when a company has entered an insolvency process and has abandoned its trading functions?’

Full Story

Gatehouse Chambers, 22nd July 2021

Source: gatehouselaw.co.uk

Case Comment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘In this post, Angus Maudslay, an associate in the litigation and arbitration team at CMS, comments on the decision of the UK Supreme Court in the matter of R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18, which concerns whether section 61N of the Town and Country Planning Act 1990 should be interpreted to mean that an application for judicial review was made out of time.’

Full Story

UKSC Blog, 21st July 2021

Source: ukscblog.com

Fiduciary duties beyond the fiduciary relationship – no clean break for directors – Littleton Chambers

‘In Burnell v Trans-Tag Ltd & Anor [2021] EWHC 1457 (Ch) Mr Greenbank (sitting as a Deputy Judge of the High Court) was asked to determine whether, and if so to what extent, a director’s fiduciary duties survive the termination of the directorship. The essential part of the judgment on this point is at paragraph 391 to 410. The Defendants in this case were represented by Richard Leiper QC and Charlotte Davies, instructed by Clyde & Co LLP.’

Full Story

Littleton Chambers, 24th June 2021

Source: littletonchambers.com

Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers

‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’

Full Story

Hardwicke Chambers, 1st July 2021

Source: hardwicke.co.uk

Renewal of taxi drivers’ licences – Local Government Lawyer

‘Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.’

Full Story

Local Government Lawyer, 25th June 2021

Source: www.localgovernmentlawyer.co.uk

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

Mark K Heatley: The Implications of the Hertfordshire County Council Case for Local Democracy – UK Constitutional Law Association

‘The High Court recently delivered its judgment in the case of Hertfordshire County Council v Secretary of State for Housing, Communities and Local Government, finding that remote meetings of local councils could not continue after 7 May 2021. This article looks at the decision and considers its impact for future local democracy.’

Full Story

UK Constitutional Law Association, 2nd June 2021

Source: ukconstitutionallaw.org

Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer

Posted May 19th, 2021 in appeals, leases, local government, news, rates, statutory interpretation by sally

‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’

Full Story

Local Government Lawyer, 17th May 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’

Full Story

UKSC Blog, 14th May 2021

Source: ukscblog.com

Council wins Supreme Court appeal over claim of £1.2m from heirs of school benefactor – Local Government Lawyer

‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’

Full Story

Local Government Lawyer, 23rd April 2021

Source: www.localgovernmentlawyer.co.uk

Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? – UK Constitutional Law Association

‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’

Full Story

UK Constitutional Law Association, 24th March 2021

Source: ukconstitutionallaw.org

Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’

Full Story

Litigation Futures, 8th March 2021

Source: www.litigationfutures.com