New Judgment: R (Derry) v Commissioners for HMRC [2019] UKSC 19 – UKSC Blog

Posted April 11th, 2019 in income tax, news, shareholders, statutory interpretation, Supreme Court by sally

‘This appeal considered the correct procedure HMRC is required to follow under the Taxes Management Act 1970, where it wishes to enquire into a claim for carry-back share loss relief made in a self-assessed and calculated tax return.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

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Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Successful Judicial Review of Benefits Payment in the UK – Oxford Human Rights Hub

Posted March 11th, 2019 in benefits, equality, judicial review, news, statutory interpretation by sally

‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’

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Oxford Human Rights Hub, 11th March 2019

Source: ohrh.law.ox.ac.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

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Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Part 1 – Surrogacy and legal parentage: let intentionality prevail – Family Law

‘In this new 2-part series, Mavis Amonoo-Acquah, a barrister at Lamb Building Chambers, discusses issues surrounding Surrogacy Law, Legal Parentage and proposed reform, in light of Californian Law precedents.’

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Family Law, 1st March 2019

Source: www.familylaw.co.uk

Court of Appeal decision leaves control vacuum for group relief – OUT-LAW.com

Posted February 28th, 2019 in corporation tax, news, receivers, statutory interpretation by tracey

‘Two companies have lost their claim for group relief where the surrendering company went into receivership. The Court of Appeal said that when the receivers were appointed the shareholders of the surrendering company lost control, which meant that group relief was denied.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Equality Act – Local Government Law

‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’

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Local Government Law, 25th February 2019

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

Teachers (and other public servants) pay – Employment Law Blog

‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’

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Employment Law Blog, 18th February 2019

Source: employment11kbw.com

Landmarks in law: when female lawyers were declared ‘people’ – The Guardian

‘Gwyneth Bebb was born in Oxford in 1889. She was the sixth woman to study law at Oxford University, reading jurisprudence at St Hugh’s College. She completed her studies in 1911 with first class marks, yet she didn’t formally graduate because women at the time couldn’t be awarded degrees.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Analysis: Was De Gafforj ruling another missed opportunity? – Family Law

‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’

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Family Law, 7th February 2019

Source: www.familylaw.co.uk

Protecting Community Protection Notices – UK Police Law Blog

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Case Comment: R v Mackinlay & Ors [2018] UKSC 42 – UKSC Blog

Posted January 30th, 2019 in appeals, elections, expenses, gifts, news, statutory interpretation, Supreme Court by sally

‘This case relates to a point of statutory construction in the Representation of the People Act 1983, s 90C(1)(a). The question was whether goods, services, or facilities provided free-of-charge or at a discount to a candidate for election need to be declared by the candidate as an election expense even if they had not been authorised by the candidate, their election agent, or someone else authorised by the candidate or agent.’

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UKSC Blog, 29th January 2019

Source: ukscblog.com

Review proposes enhancements to Modern Slavery Act reporting – OUT-LAW.com

‘More clarity is needed over which organisations are required to comply with modern slavery reporting requirements, while the reports themselves need a consistent structure and far stronger enforcement, an independent review has recommended.’

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OUT-LAW.com, 25th January 2019

Source: www.out-law.com

Court of Appeal quashes convictions for unlawfully obtaining personal data – Local Government Lawyer

Posted January 25th, 2019 in burden of proof, data protection, human rights, news, statutory interpretation by tracey

‘The Court of Appeal has quashed the conviction of a defendant for unlawfully obtaining personal data. At issue in Shepherd v The Information Commissioner [2019] EWCA Crim 2 was whether s.55 (2) of the Data Protection Act 1998 imposes a legal or evidential burden of proof on a defendant; and, if the former, whether the outcome is compatible with Article 6 of the European Convention on Human Rights (the right to a fair trial).’

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Local Government Lawyer, 25th January 2019

Source: www.localgovernmentlawyer.co.uk

Recent ruling on Universal Credit – UK Human Rights Blog

‘R (Johnson, Woods, Barrett and Stewart) v SSWP CO/1552/2018 (11 January 2019) – this case was brought by four social security claimants contesting the proper method of calculating the amount of universal credit payable to each claimant under the Universal Credit Regulations 2013. Singh LJ and Lewis J concluded that treating claimants as having “earned” twice as much as they do if they happen to be paid twice within one monthly assessment period is “odd in the extreme” [para 54] and “…. could be said to lead to nonsensical situations” [para 55].’

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UK Human Rights Blog, 15th January 2019

Source: ukhumanrightsblog.com

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One) – UK Constitutional Law Association

‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’

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UK Constitutional Law Association, 18th December 2018

Source: ukconstitutionallaw.org

High Court rules that Mineral Planning Authorities are not bound by statutory definition of fracking and can apply their own wider definitions – Garden Court Chambers

‘Councillor Paul Andrews was seeking permission at the High Court on 5 November 2018 to judicially review the Government’s decision to issue a written ministerial statement (WMS) on 17 May 2018 regarding the way in which local authorities should determine planning applications for fracking operations.’

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Garden Court Chambers, 6th November 2018

Source: www.gardencourtchambers.co.uk

The myth that Article 50 is a one-way street – New Law Journal

Posted December 11th, 2018 in brexit, EC law, news, statutory interpretation, treaties by sally

‘David Wolchover explains exactly why Article 50 can be unilaterally rescinded.’

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New Law Journal, 5th December 2018

Source: www.newlawjournal.co.uk

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

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UKSC Blog, 5th December 2018

Source: ukscblog.com