Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances – EIN Blog

Posted January 10th, 2024 in appeals, families, government departments, immigration, news by sally

‘The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing that his declared income in the UK could not have supported the amounts he claimed to have sent, and therefore they were not financially dependent on him.’

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EIN Blog, 10th January 2024

Source: www.ein.org.uk

SRA: No plans to act yet on Post Office scandal lawyers – Legal Futures

‘The Solicitors Regulation Authority (SRA) could take action against solicitors over misconduct in the Post Office scandal before the public inquiry ends but has yet to see evidence that requires it.’

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Legal Futures, 10th January 2024

Source: www.legalfutures.co.uk

Gas drilling at site in Jeremy Hunt’s Surrey constituency given green light – The Guardian

‘Gas drilling at a site in the Surrey Hills can go ahead after the court of appeal ruled that no further attempts to stop the project could be brought to court.’

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The Guardian, 9th January 2023

Source: www.theguardian.com

Eaglescliffe woman found not guilty of ‘home abortion’ – BBC News

Posted January 10th, 2024 in abortion, Crown Prosecution Service, news, pregnancy, prosecutions by sally

‘A woman charged with carrying out an illegal abortion on herself has been found not guilty on the eve of her trial after the prosecution dropped the case due to “evidential difficulties”.’

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BBC News, 9th January 2024

Source: www.bbc.co.uk

The Online Safety Bill: A clean bill of health? – 2 Hare Court

Posted January 10th, 2024 in bills, chambers articles, internet, malicious communications, news, sport by sally

‘The Online Safety Bill received Royal Assent on 26 October 2023, becoming the Online Safety Act (“the Act”). Its aim is to deliver on the government’s commitment to “make the UK the safest place to be online”, by imposing statutory duties on social media companies and search engines[1] (“service providers”) to ensure that they implement measures to protect individuals from illegal and harmful content online.’

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2 Hare Court, 28th November 2023

Source: www.2harecourt.com

Major social landlord to pay nearly £11,000 to residents after failings in damp and leak repairs – Local Government Lawyer

‘The Housing Ombudsman has ordered Clarion Housing Association to pay £10,800 in compensation to tenant households after it made four findings of severe maladministration across three cases.’

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Local Government Lawyer, 9th January 2024

Source: www.localgovernmentlawyer.co.uk

Post Office scandal could lead to rules change on private prosecutions – The Guardian

‘Rules to prevent companies taking private prosecutions in the way the Post Office went after innocent post office operators are being considered by the government.’

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The Guardian, January 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted January 9th, 2024 in law reports by sally

High Court (Chancery Division)

IAA Vehicle Services Ltd v HBC Ltd [2024] EWHC 1 (Ch) (05 January 2024)

Source: www.bailii.org

Employment law changes to expect in 2024 – Kingsley Napley Employment Law Blog

‘From the day-one right to request flexible working to the introduction of rolled-up holiday pay, Georgia Roberts runs through the employment law changes HR must prepare for in 2024.’

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Kingsley Napley Employment Law Blog, 5th January 2024

Source: www.kingsleynapley.co.uk

Trade Marks – Industrial Cleaning Equipment (Southampton) Ltd. v Intelligent Cleaning Equipment Holdings Co. Ltd. and another – NIPC Law

Posted January 9th, 2024 in brexit, EC law, limitations, news, precedent, trade marks by sally

‘This was an appeal by Intelligent Cleaning Equipment Holdings Co Ltd. (“Intelligent”) and Killis Ltd. (“Killis”) against the order of Her Honour Judge Melissa Clarke of 23 March 2023 granting Industrial Cleaning Equipment (Southampton) Ltd. (“Industrial”) relief against Intelligent and Killis from trade mark infringement and dismissing their counterclaim for the reasons set out in her judgment in Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd [2023] EWHC 411 (IPEC) (27 Feb 2023).’

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NIPC Law, 4th January 2024

Source: nipclaw.blogspot.com

Council told to deduct £11k from outstanding care home fees after delays in carrying out financial assessment – Local Government Lawyer

Posted January 9th, 2024 in care homes, elderly, fees, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has found fault in the way that Essex County Council carried out a financial assessment and a deferred payment process for an elderly man with dementia.’

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Local Government Lawyer, 8th January 2024

Source: www.localgovernmentlawyer.co.uk

Barrister who caused assistant’s “collapse” must pay £155,000 – Legal Futures

‘A barrister who caused her assistant to suffer a mental and physical “collapse” has been ordered to pay her over £155,000 in compensation by an employment tribunal.’

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Legal Futures, 9th January 2024

Source: www.legalfutures.co.uk

Judge refuses to redact civil servants’ names in JR of Parole Board recommendation for long-serving prisoner – Law Society’s Gazette

Posted January 9th, 2024 in anonymity, civil servants, judgments, news, parole, rape by sally

‘A High Court judge has said there was no “legitimate reason” to anonymise civil servants in a judgment concerning the parole of a rapist who has spent 41 years in prison. Declining a request to redact the names of junior civil servants, the Honourable Justice Fordham said nobody would be imperilled by his decision.’

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Law Society's Gazette, 8th January 2024

Source: www.lawgazette.co.uk

HMP Wandsworth: Prison told to make changes after alleged escape – BBC News

Posted January 9th, 2024 in fugitive offenders, London, news, prisons, terrorism by sally

‘Prison staff and justice officials have been told to make urgent changes after a terror suspect allegedly escaped from a south-west London jail. Daniel Khalife is accused of escaping HMP Wandsworth in September, which he denies. Justice Secretary Alex Chalk had ordered an investigation into the alleged incident, which he told MPs had now concluded.’

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BBC News, 18th January 2024

Source: www.bbc.co.uk

Awaab Ishak: Plan to force landlords to tackle mouldy homes – BBC News

Posted January 9th, 2024 in children, health, landlord & tenant, news, repairs by sally

‘Rogue social housing landlords could be forced to repair mouldy homes within 24 hours as part of government proposals after a toddler’s death.’

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BBC News, 9th January 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 8th, 2024 in law reports by sally

High Court (Chancery Division)

Moyses Stevens Flowers Ltd v Flower Station Ltd & Anor [2024] EWHC 4 (Ch) (05 January 2024)

Vegesentials Ltd & Anor v Shanghai Commercial & Savings Bank Ltd [2024] EWHC 7 (Ch) (05 January 2024)

High Court (King’s Bench Division)

Chehaib v King’s College Hospital NHS Foundation Trust & Ors [2024] EWHC 2 (KB) (05 January 2024)

Source: www.bailli.org

Building Safety Act requires rethink of SPV risk arrangements – OUT-LAW.com

Posted January 8th, 2024 in building law, construction industry, health & safety, housing, news by sally

‘Organisations using specially set up companies – special purpose vehicles, or SPVs – to deliver new UK housing schemes have been urged to plan ahead for the increased potential exposure to liability they may face under the Building Safety Act.’

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OUT-LAW.com, 5th January 2024

Source: www.pinsentmasons.com

Interim removal of children – Local Government Lawyer

Posted January 8th, 2024 in appeals, care orders, children, drug abuse, families, local government, news by sally

‘A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Some recent cases on witness statements – Local Government Lawyer

Posted January 8th, 2024 in judicial review, local government, news, witnesses by sally

‘There have been three recent cases that each provide some developments on the law relating to witness evidence that will be useful for practitioners in judicial review proceedings, writes Charles Bishop.’

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Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

Insurer not entitled to hold back evidence of potential PI fraud – Legal Futures

Posted January 8th, 2024 in damages, disclosure, fraud, insurance, news, personal injuries by sally

‘An insurer was not entitled to hold back evidence that a claimant was a friend of the owner of the vehicle he collided with, hoping the claimant would lie about it in his witness statement, the High Court has held.’

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Legal Futures, 8th January 2024

Source: www.legalfutures.co.uk