City council facing second judicial review challenge over tree felling – Local Government Lawyer

Posted February 13th, 2024 in consultations, judicial review, local government, news, planning, trees by sally

‘A fresh judicial review threat has been made over Plymouth City Council’s controversial redevelopment plans, which saw the local authority fell more than a hundred trees on a city street.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Council told to pay £15k after failings led to child missing education for two years – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has called on North Northamptonshire Council to pay nearly £15,000 after the local authority’s failings led to a child missing out on education for two years.’

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Local Government Lawyer, 12th February 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal in England drills down on term ‘incidental’ in tax cases – OUT-LAW.com

Posted February 13th, 2024 in corporation tax, news, statutory interpretation by sally

‘A recent English Court of Appeal decision provides food for thought surrounding the use of “incidental” in tax legislation, an expert has said.’

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OUT-LAW.com, 12th February 2024

Source: www.pinsentmasons.com

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by sally

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Lawyers’ use of generative AI “accelerating quickly” – Legal Futures

Posted February 13th, 2024 in artificial intelligence, legal profession, news by sally

‘Lawyers’ use of generative AI is accelerating quickly but there is a major mismatch between in-house and private practice expectations of the impact on billing, new research has found.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Transcripts essential, says judge refusing SCPO discharge from Russia – Law Society’s Gazette

Posted February 13th, 2024 in judgments, news, reasons, serious crime prevention orders by sally

‘Claimants seeking to discharge a serious crime prevention order (SCPO) must have access to transcripts of the judge’s reasons, if necessary from the director of public prosecutions, a High Court judge has said.’

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Law Society's Gazette, 13th February 2024

Source: www.lawgazette.co.uk

Mother of Colin Pitchfork victim dismayed as he wins new release hearing – The Guardian

Posted February 13th, 2024 in appeals, murder, news, parole, rape by sally

‘The mother of one of Colin Pitchfork’s victims has expressed her anger after the rapist and murderer won an appeal for a fresh parole hearing to determine whether he should be released from prison.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

First person in England and Wales convicted of cyberflashing – The Guardian

Posted February 13th, 2024 in indecent exposure, internet, news, sexual offences by sally

‘A 39-year-old man has become the first person in England and Wales to be convicted of cyberflashing, which became an offence in January as part of the Online Safety Act.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Gang who killed man for fake designer watch jailed – BBC News

Posted February 13th, 2024 in gangs, murder, news, robbery, sentencing by sally

‘A gang of robbers has been jailed after they killed a music manager for a fake designer watch.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Police failed to investigate officer abuse complaints, say women – BBC News

‘Seven women are accusing Devon and Cornwall Police of failing to investigate serving and former officers for domestic abuse and sexual violence.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Watchdog investigates Nottinghamshire Police over contact with killer Valdo Calocane – The Independent

‘The police watchdog is investigating Nottinghamshire Police over the force’s contact with triple killer Valdo Calocane before his brutal stabbing rampage.’

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The Independent, 13th February 2024

Source: www.independent.co.uk

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by sally

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

A lack of candour over a lack of discretion – Nearly Legal

Posted February 12th, 2024 in homelessness, housing, judicial review, local government, news, pre-action conduct by sally

‘Montano, R (On the Application Of) v London Borough of Lambeth (2024) EWHC 249 (Admin). A short note on this judicial review. Ms M had requested that Lambeth exercise a discretion to back date her entry on the housing register (for greater priority) to the date of her homeless application. Lambeth denied that it had any discretion to do so under its allocation policy.’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

Horizon scandal: Five short-changed postmasters to get full compensation – BBC News

‘A small group of former sub-postmasters whose convictions were overturned have finally been told they will receive full compensation.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

UK’s Rwanda bill ‘incompatible with human rights obligations’ – The Guardian

‘The UK government’s controversial Rwanda legislation that deems the African country as a safe place to deport people to is fundamentally incompatible with Britain’s human rights obligations and places it in breach of international law, according to a damning parliamentary report.’

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The Guardian, 12th February 2024

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 12th, 2024 in legislation by sally

SI 2024/136 – The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 12th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Disclosure and Barring Service v RI [2024] EWCA Civ 95 (09 February 2024)

Railways Pension Trustee Company Ltd v Atos IT Services UK Ltd & Anor [2024] EWCA Civ 98 (09 February 2024)

AstraZeneca UK Ltd v Tesaro Inc [2024] EWCA Civ 78 (09 February 2024)

High Court (Administrative Court)

AB & Anor, R (On the Application Of) v Westminster City Council [2024] EWHC 266 (Admin) (09 February 2024)

Quaye, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 211 (Admin) (09 February 2024)

TW, R (On the Application OF) v Essex County Council [2024] EWHC 264 (Admin) (09 February 2024)

Price & Anor v South Cambridgshire District Council [2024] EWHC 238 (Admin) (09 February 2024)

Montano, R (On the Application Of) v London Borough of Lambeth [2024] EWHC 249 (Admin) (08 February 2024)

Rumpler v Regional Court in Budapest, Hungary [2024] EWHC 258 (Admin) (08 February 2024)

High Court (Chancery Division)

Benjamin v Benjamin & Anor [2024] EWHC 215 (Ch) (09 February 2024)

Duke of Sussex & Ors v MGN Ltd (Re Costs) [2024] EWHC 274 (Ch) (09 February 2024)

Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch) (09 February 2024)

Link Fund Solutions Ltd, Re (Re Companies Act 2006) [2024] EWHC 250 (Ch) (09 February 2024)

Aston Risk Management Ltd v Jones & Ors (Quantum) [2024] EWHC 252 (Ch) (09 February 2024)

High Court (Commercial Court)

The Motoring Organisation Ltd v Spectrum Insurance Services Ltd [2024] EWHC 261 (Comm) (09 February 2024)

UnipolSai Assicurazioni SPA v Covea Insurance PLC [2024] EWHC 253 (Comm) (09 February 2024)

Granville Technology Group Ltd v Chunghwa Picture Tubes Ltd & Ors [2024] EWHC 13 (Comm) (08 February 2024)

Southeaster Maritime Ltd v Trafigura Maritime Logistics Pte Ltd MV “Aquafreedom” [2024] EWHC 255 (Comm) (08 February 2024)

Sodzawiczny v Smith (Re Arbitration Claim) [2024] EWHC 231 (Comm) (07 February 2024)

Mahtani & Ors v Atlas Mara Ltd & Ors [2024] EWHC 218 (Comm) (07 February 2024)

Al Saud v Gibbs [2024] EWHC 237 (Comm) (07 February 2024)

Tyson International Company Ltd v GIC RE, India, Corporate Member Ltd [2024] EWHC 236 (Comm) (07 February 2024)

High Court (Family Division) Decisions

T v G [2024] EWHC 246 (Fam) (09 February 2024)

High Court (King’s Bench Division)

Hibbert & Anor v Hall [2024] EWHC 227 (KB) (08 February 2024)

Source: www.bailii.org

UK court decision provides clarity on scope of litigation privilege – OUT-LAW.com

Posted February 12th, 2024 in appeals, disclosure, documents, fraud, legal profession, news, privilege by sally

‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’

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OUT-LAW.com, 8th February 2024

Source: www.pinsentmasons.com

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Sufficiently serious breach? – Local Government Lawyer

Posted February 12th, 2024 in appeals, local government, news, public procurement by sally

‘Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk