Katrice Lee: Woman sentenced for impersonating missing toddler – BBC News
‘A woman who used social media to impersonate a toddler missing for almost 40 years has been handed a suspended jail term.’
BBC News, 30th October 2019
Source: www.bbc.co.uk
Upper Tribunal orders fresh hearing in dispute over refusal by council to disclose advice of independent person – Local Government Lawyer
‘A local resident who complained about the conduct of a councillor at Stratford-on-Avon District Council over a planning matter has secured a fresh hearing over the council’s refusal to disclose advice given by an independent person.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
Grenfell Tower inquiry: the chair’s findings so far – The Guardian
‘Firefighters’ ‘stay put’ tactics and apparent lack of preparation and construction materials criticised.’
The Guardian, 30th October 2019
Source: www.theguardian.com
Leeds ‘paedophile hunters’ cleared of assault charges – The Guardian
‘A group of self-styled paedophile hunters have vowed to carry on seeking out child abusers after a jury cleared them of all charges following stings on two men.’
The Guardian, 30th October 2019
Source: www.theguardian.com
Proportionality – Compared with what? And how to assess – No. 5 Chambers
‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
One in five cosmetic surgery clinics are unsafe, warns CQC – The Guardian
‘The health regulator is threatening to shut down beauty clinics that perform unsafe facelifts, nose jobs and breast enlargements after finding that one in five are putting clients at risk.’
The Guardian, 29th October 2019
Source: www.theguardian.com
Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers
‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’
Park Square Barristers, 14th October 2019
Source: www.parksquarebarristers.co.uk
J J Rhatigan & Co (UK) Ltd v Rosemary Lodge Developments Ltd [1] – No. 5 Chambers
‘Rosemary Lodge Developments Ltd (“RLD”) sought to resist enforcement of an Adjudicator’s decision dated 22 November 2018 (the “Decision”) on the basis that the Decision had been reached by the Adjudicator in breach of natural justice. The Technology & Construction Court Judge, Mrs Justice Jefford, confirmed that when alleging that a breach of natural justice has occurred, it is necessary to establish that the breach is more than peripheral; it must be material.’
No. 5 Chambers, 7th October 2019
Source: www.no5.com
BAILII: Recent Decisions
High Court (Administrative Court)
- O’Brien, R (On the Application Of) v Independent Adjudicator [2019] EWHC 2884 (Admin) (30 October 2019)
- Gasztony, R (on the application of) v Secretary of State for the Home Departmemt & Anor [2019] EWHC 2879 (Admin) (30 October 2019)
- Ekaireb, R (On the Application Of) v Criminal Cases Review Commission [2019] EWHC 2889 (Admin) (29 October 2019)
High Court (Chancery Division)
- Secretary of State for Business, Energy and Industrial Strategy v PAG Asset Preservation Ltd [2019] EWHC 2890 (Ch) (30 October 2019)
- Toone & Ors v Ross & Anor, Re Implement Consulting Ltd [2019] EWHC 2855 (Ch) (30 October 2019)
High Court (Queen’s Bench Division)
- Jagwani v Alles [2019] EWHC 2887 (QB) (30 October 2019)
- New York Laser Clinic Ltd v Naturastudios Ltd [2019] EWHC 2892 (QB) (30 October 2019)
Source: www.bailii.org
When “maybe” isn’t good enough: orders for production of journalistic material – Panopticon
‘The efforts of the Beeb in the Divisional Court have clarified the conditions to be satisfied before a Court can require journalistic material be produced in criminal cases.’
Panopticon, 29th October 2019
Source: panopticonblog.com
ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers
‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’
Old Square Chambers, 16th October 2019
Source: www.oldsquare.co.uk
More on “vulnerability” – Nearly Legal
‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers
‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’
Tanfield Chambers, 29th October 2019
Source: www.tanfieldchambers.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’
Six Pump Court, 23rd October 2019
Source: www.6pumpcourt.co.uk
MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer
‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’
Local Government Lawyer, 29th October 2019
Source: www.localgovernmentlawyer.co.uk
Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers
‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’
Monckton Chambers, 16th October 2019
Source: www.monckton.com
For this relief, much thanks – Nearly Legal
‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’
Nearly Legal, 29th October 2019
Source: nearlylegal.co.uk
