‘The efforts of the chancellor Rachel Reeves to get control of Britain’s finances are being hampered by a massive £47bn bill in outstanding compensation claims which could balloon even further, The Independent can reveal. Analysis of a report by the National Audit Office (NAO) showed £84bn has been pledged by previous governments, with 12 compensation schemes for injustice, cover-ups and negligence.’
The Independent, 11th August 2024
Source: www.independent.co.uk
‘Nearly 130,000 babies were present at or were affected by an incident of domestic abuse in the past three years, new data from England’s police forces shows.’
The Independent, 8th August 2024
Source: www.independent.co.uk
‘The number of claims made by banks and landlords to repossess homes in England and Wales has reached the highest level in five years as households struggle with higher borrowing costs.’
The Guardian, 8th August 2024
Source: www.theguardian.com
‘A man thought to be the oldest person charged for taking part in the far-right-led riots, and two brothers who looted a library, were among those jailed on Thursday for their part in a crime “committed against the whole community”.’
The Guardian, 8th August 2024
Source: www.theguardian.com
‘A couple have been jailed after rioting on the streets of Hartlepool as part of a “baying mob” – hours after spending the afternoon at the bingo.’
The Independent, 8th August 2024
Source: www.independent.co.uk
‘This post discusses the current approach to domestic abuse in financial remedy proceedings. For those short on time and unable to read the post in full, the key conclusions you need to be aware of are; the recent decision of Mr. Justice Peel in N v J [2024] EWFC 184 is important and says if you want the court to consider domestic abuse as part of your case you will need to follow the procedure in Tsvetkov v Khayrova [2023] EWFC 130; it also says that domestic abuse will only potentially be taken into account by the court if it is exceptional and has had a negative financial impact on the alleged victim.’
Transparency Project, 8th August 2024
Source: transparencyproject.org.uk
‘Victims of historic miscarriages of justice have been told by the government they must have “bed and board” costs for the time they spent in prison deducted from their compensation payments.’
BBC News, 9th August 2024
Source: www.bbc.co.uk
‘Two brothers have been jailed for their role trying to steal computers from a burned out library torched during the Southport riots.’
The Independent, 8th August 2024
Source: www.independent.co.uk
‘Actions filed at the Competition Appeals Tribunal (CAT) encompass a staggering 544m class members, the equivalent of 8.1 actions for each person in the UK, according to new research.’
Legal Futures, 9th August 2024
Source: www.legalfutures.co.uk
‘Stripping her of her citizenship was a political act by a bullying home secretary. Keir Starmer’s government can right that wrong.’
The Guardian, 8th August 2024
Source: www.theguardian.com
‘Equity investment is seen in both dominant and critical corporate law literature as a passive act that carries exclusively instrumental value. This conceptualisation legitimises shareholder paternalism in current UK law and provides support for stakeholder welfarism reforms. Engaging with cogent emerging evidence on the preferences, motivation, and behaviour of contemporary individual investors, we demonstrate that, for the majority of them, equity investment is increasingly experienced as a choice instantiating their personhood, identity, and moral agency, and thus carrying inherent value. Drawing on Hayek’s epistemology, we propose a novel interpretation of Rawls’s theory of justice, and argue that freedom to own productive property must be included in the list of basic liberties under Rawls’s first principle of justice. Therefore, corporate law cannot continue imposing paternalistic restrictions on the configurations of shareholder rights that investors may rationally choose from, and pleas for stakeholder welfarism within corporate law must be rejected.’
Journal of Corporate Law Studies, 18th July 2024
Source: www.tandfonline.com
‘This article provides practitioners with an overview of the law relating to inquests which engage Article 2 ECHR in the context of deaths arising from shortcomings in healthcare. It is intended to provide a pithy summary on the legal complexities in domestic and European case law and it offers some general advice on how best to engage Article 2 arguments.’
Henderson Chamber, 17th July 2024
Source: www.hendersonchambers.co.uk
‘Dispute Resolution analysis: A long-standing judgment creditor has failed in largely undefended claims for unlawful means conspiracy and the Marex tort in a judgment which shines significant light on the approach of the Court to claims which are not actively defended.’
Gatehouse Chambers, 26th July 2024
Source: gatehouselaw.co.uk
‘In Dean v Information Commissioner, the First-tier Tribunal (General Regulatory Chamber) considered whether photographs belonging to the planning applicant, which allegedly showed planning notice being displayed, could be disclosed to the public. The judgment is notable, not least for its opening line from The Hitchhiker’s Guide to the Galaxy (more on this in the conclusion), but also for the tribunal’s consideration of the interaction between data protection legislation and the Aarhus Convention in respect of the right to public participation in the planning process. The decision also contains strong criticisms of the Council’s failure to implement planning law adequately.’
Landmark Chambers, 17th July 2024
Source: landmarkchambers.co.uk
‘A landlord owes certain duties to maintain the repair of a property that they have leased to a tenant. If a leased property falls into disrepair, the tenant may be able to claim against the landlord for damages. The tenant may also be able to counterclaim for disrepair where the landlord has brought a claim for property possession against the tenant. Where possession is being sought under the grounds of rent arrears, the tenant can assert that the Claimant landowner is not entitled to the full amount of rent owed.’
Becket Chambers, 22nd July 2024
Source: becket-chambers.co.uk
‘Applications were made to the Building Safety Fund (“BSF”) in respect of two high rise developments in Birmingham with cladding defects. In the event that BSF funding was provided, the developers would have been expected to reimburse the BSF funding less any proceeds from insurance claims (pursuant to a pledge referred to in the BSF guidance signed by the developers; many developers, including the appellants, have now signed a deed of bilateral contract to give the pledge commitments contractual force).’
Falcon Chambers, 22nd July 2024
Source: www.falcon-chambers.com
‘This article explores the personalisation of homelessness services in the context of the Homelessness Reduction Act 2017. This ambitious piece of legislative reform introduced requirements on local housing authorities in England to assess an individual’s circumstances and develop personalised housing plans for people experiencing homelessness (s.3 HRA 2017, inserting s.189A Housing Act 1996). This article analyses research data (including 26 interviews) collected in 2018–2019 from ethnographic studies completed in two local authorities in the Midlands, across a period of four months in each site. Exploring the implementation of personalised housing plans in practice, this article investigates barriers to the application of the personalisation narrative, finding it operates as a tool of neoliberal governance rather than one of social justice. It asserts that if personalisation has the potential for more satisfactory and sustainable outcomes in preventing and relieving homelessness, then the inability for this narrative to manifest suggests the goal of the HRA 2017 in “reducing homelessness” is being hampered.’
Journal of Social Welfare and Family Law, 27th July 2024
Source: www.tandfonline.com
‘The London Borough of Enfield has secured interim injunctions against the occupants of boats and land on the River Lea who it has claimed obstruct progress on a £6bn development of 10,000 homes.’
Local Government Lawyer, 8th August 2024
Source: www.localgovernmentlawyer.co.uk
Supreme Court
Court of Appeal (Civil Division)
D-S (A Child: Adoption Or Fostering) [2024] EWCA Civ 948 (07 August 2024)
Court of Appeal (Criminal Division)
ABY, R. v [2024] EWCA Crim 944 (06 August 2024)
High Court (Administrative Court)
ZRR, R (On the Application Of) v London Borough of Bexley [2024] EWHC 2073 (Admin) (07 August 2024)
High Court (Chancery Division)
Mirza & Ors v CMS Cameron MckEnna Nabarro Olswang LLP [2024] EWHC 2058 (Ch) (07 August 2024)
High Court (King’s Bench Division)
Revenue And Customs v Labeikis & Ors [2024] EWHC 2009 (KB) (07 August 2024)
Source: www.bailii.org
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