Extending prior-approval time limits by agreement – Local Government Lawyer

Posted February 7th, 2020 in local government, news, planning, time limits by tracey

‘The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.’

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Local Government Lawyer, 7th February 2020

Source: www.localgovernmentlawyer.co.uk

Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent

‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’

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The Independent, 7th February 2020

Source: www.independent.co.uk

Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation” – Garden Court Chambers

Posted February 6th, 2020 in appeals, chambers articles, homelessness, news, time limits by sally

‘Giving judgment in the case of Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51 on 30 January 2020, the Court of Appeal gave important guidance on when a homeless applicant may be permitted to bring an appeal outside of the 21-day time limit, against a local authority’s decision on his or her homeless application. It rejected a High Court decision which had found that the requirements of bringing a homelessness appeal were not ‘especially sophisticated or taxing’ and therefore there was not a good reason why Mr Al Ahmed could not have issued the appeal as a litigant in person during the time limit.’

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Garden Court Chambers, 30th January 2020

Source: www.gardencourtchambers.co.uk

Government launches public consultation on pre-charge bail – Home Office

‘New consultation aims to put the needs of victims first and ensure police are supported to investigate crimes.’

Full press release

Home Office, 5th February 2020

Source: www.gov.uk/home-office

MP launches new legal bid to allow asylum seekers to work after six months – The Independent

Posted February 5th, 2020 in asylum, bills, delay, immigration, news, time limits by tracey

‘Asylum seekers who have waited more than six months for a decision on their claim would be given the right to work under a new bill brought forward in parliament.’

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The Independent, 5th February 2020

Source: www.independent.co.uk

Unlawful detention deemed even less graceful – UK Human Rights Blog

Posted February 4th, 2020 in deportation, detention, immigration, news, time limits by sally

‘In AC (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 36, the Court of Appeal gave a trenchant warning that once it ceases to be lawful to detain an individual, the ‘grace period’ allowed within which to make arrangements for release can only be a short period. Moreover, the reasons for which any such grace period is required will be be closely scrutinised by the courts.’

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UK Human Rights Blog, 4th February 2020

Source: ukhumanrightsblog.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

Applicant wins Court of Appeal battle over whether difficulty finding legal advisers was “good reason” for delay in homelessness appeal – Local Government Lawyer

‘The Court of Appeal has overturned a High Court ruling that the fact a homeless applicant was unrepresented and seeking legal aid was not a “good reason” for delay in bringing an appeal under s.204 of the Housing Act 1996 against an adverse review decision under the homelessness provisions of that Act.’

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Local Government Lawyer, 31st January 2020

Source: www.localgovernmentlawyer.co.uk

Liz Earle beauty firm ordered to pay £17k to sacked pregnant worker – BBC News

‘A woman who was sacked by a beauty company when she was eight months pregnant has been awarded more than £17,000 by an employment tribunal.’

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BBC News, 10th January 2020

Source: www.bbc.co.uk

Some oddities of the law on age: So you thought you reached age 21 on your 21st birthday? – Wilberforce Chambers

Posted January 9th, 2020 in news, pensions, statutory interpretation, time limits, wills by sally

‘Well, yes you probably did as a legal matter reach (or attain) age 21 at the start of your 21st birthday – ie at midnight at the start of that day (even if you had been born later in the day). But legally this has not always been the case in England and Wales.’

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Wilberforce Chambers, 7th January 2020

Source: www.wilberforce.co.uk

5 UK Human Rights Issues and Trends to Watch in 2020 – Each Other

‘From landmark legal cases to a landslide general election result, and civil disobedience to constitutional upheaval – the UK had no shortage of human rights news stories in 2019.’

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Each Other, 6th January 2020

Source: eachother.org.uk

Four days to comply with new money laundering rules – Legal Futures

‘Lawyers have until just this Friday to ensure they comply with the Fifth Money Laundering Directive, the government announced just before Christmas.’

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Legal Futures, 6th January 2020

Source: www.legalfutures.co.uk

Section 4 Inheritance (Provision for Family and Dependants) Act 1975: Standstill Agreements – Becket Chambers

Posted December 10th, 2019 in news, stay of proceedings, time limits, trusts, wills by sally

‘Earlier this year the conflicting authorities of Bhusate v Patel [2019] EWHC 470 (Ch) and Cowan v Foreman and others [2019] EWHC 349 (Fam) cast doubt on the use of standstill agreements in respect of claims intended to be brought under section 2 of the Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”). Following the determination of the appeal in the latter case that uncertainty has to a large extent been resolved.’

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Becket Chambers, 4th December 2019

Source: becket-chambers.co.uk

Home office admits unlawful detention of mentally ill man – Garden Court Chambers

‘The Home Office has yet again had to concede a legal challenge to the lawfulness of prolonged immigration detention of a mentally ill and highly vulnerable man by agreeing to regularise his status and pay £100,000 in compensation in a settlement agreed by the High Court today in a test case.’

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Garden Court Chambers, 5th December 2019

Source: www.gardencourtchambers.co.uk

“Disproportionate” to strike out claim for late payment of court fees – Litigation Futures

Posted December 10th, 2019 in fees, news, striking out, time limits by sally

‘Striking out a £120,000 claim for late payment of court fees was disproportionate and the claimant was entitled to relief from sanctions, the High Court has ruled.’

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Litigation Futures, 10th December 2019

Source: www.litigationfutures.com

Settled Status, Permanent Residence and Indefinite Leave to Remain – Richmond Chambers

Posted December 4th, 2019 in brexit, citizenship, immigration, news, passports, time limits by sally

‘With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration Rules.’

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Richmond Chambers, 25th November 2019

Source: immigrationbarrister.co.uk

‘Scandal brewing’ as thousands of suspects released – BBC News

Posted December 4th, 2019 in bail, news, police, statistics, time limits by tracey

‘More than 93,000 suspected violent criminals and sex offenders have been released without restrictions by police in England and Wales since 2017, figures obtained by BBC Newsnight show. People suspected of offences including rape and murder have been among those “Released Under Investigation” (RUI). Richard Miller of the Law Society said a “major scandal” was brewing over the way RUIs are being used.’

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BBC News, 3rd December 2019

Source: www.bbc.co.uk

Deadline for UK drone registration approaches – BBC News

Posted December 2nd, 2019 in aircraft, fines, news, notification, time limits by sally

‘UK drone pilots must register their details with the Civil Aviation Authority (CAA) by the end of 29 November or face a fine of £1,000.’

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BBC News, 29th November 2019

Source: www.bbc.co.uk

Contract administration and notice provisions: mere procedure or condition precedent – Practical Law: Construction Blog

‘Recent decisions considering time bars and notification provisions have generated considerable commentary and discussion over the last few months. One of these is Boskalis Offshore Marine Contractive BV v Atlantic Marine and Aviation LLP (the “Atlantic Tonjer”) which concerned notification provisions in a payment clause and the timely challenge of disputed invoices before they were due for payment.’

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Practical Law: Construction Blog, 26th November 2019

Source: constructionblog.practicallaw.com

UK defies UN deadline to return Chagos Islands – The Guardian

‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’

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The Guardian, 22nd November 2019

Source: www.theguardian.com