Nicola Bulley review: Key report findings at a glance – BBC News
‘An independent review of Lancashire Police’s handling of Nicola Bulley’s disappearance has been published.’
BBC News, 21st November 2023
Source: www.bbc.co.uk
Reasonable for protesters to call Iain Duncan Smith ‘Tory scum’, court rules – The Guardian
‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’
The Guardian, 21st November 2023
Source: www.theguardian.com
Court of Appeal confirms applicable test when hearing an application to annul a bankruptcy under section 282(1)(a) (Khan v Singh-Sall and another) – Gatehouse Chambers
‘Dispute Resolution analysis: In a second appeal, the Court of Appeal has upheld the decisions of two lower Courts in concluding that due to the conduct of a bankrupt and his insolvency, his bankruptcy should not (on an exercise of discretion) be annulled, despite concluding that the bankruptcy order should not have been made.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
Family Law Update: October 2023 – 5SAH
‘The update features the following articles:
– London’s reputation as divorce capital could be tested by legal shake-up: Jaqueline Julyan SC.
– Niamh Wilkie Features in FT Adviser: Navigating Maintenance Order Rules Post-Brexit.
– Mark Smith features in Family Law Journal: Extradition and family proceedings: where does the balance lie?
– Maria Scotland Features in Spear’s: Divorcing In Dubai: Should Wealthy Expats Worry About New UAE Family Laws?’
5SAH, 2nd October 2023
Source: www.5sah.co.uk
Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association
‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’
UK Constitutional Law Association, 22nd November 2023
Source: ukconstitutionallaw.org
Competition watchdog seeks views on use of landbanks and how planning rules affect competition – Local Government Lawyer
‘The Competition and Markets Authority (CMA) has published two ‘working papers’ seeking feedback on its assessment of the use of landbanks, and how planning rules concerning zoning, consultations and local plan processes may be impacting competition and how new homes are delivered.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
“Rude and disruptive” caseworker must pay £20,000 costs to law firm – Legal Futures
‘A “rude and disruptive” caseworker who “embroiled” a national law firm in a “vast, unmeritorious” discrimination claim must pay £20,000 in costs, an employment tribunal has ruled.’
Legal Futures, 22nd November 2023
Source: www.legalfutures.co.uk
The Russell murders: is Michael Stone in prison for a brutal crime he didn’t commit? – The Guardian
‘He was jailed for the murders of Lin and Megan Russell in 1997. Now, 26 years, two trials and two appeals later, Stone’s case is being reviewed.’
The Guardian, 22nd November 2023
Source: www.theguardian.com
Secretaries of State grant London Luton Airport Operations Ltd’s s73 Application to Fly 1 million more Passengers per annum – 39 Essex Chambers
‘On 13 October 2023 the Secretary of State for Transport and the Secretary of State for Levelling Up, Housing and Communities granted an application made under s73 Town and Country Planning Act 1990 by London Luton Airport Operations Limited (‘LLAOL’) to amend planning conditions attached to its planning permission. The grant of consent allows LLAOL to fly an additional one million passengers per annum. The decision followed a 6-week inquiry during 2022.’
39 Essex Chambers, 16th October 2023
Source: www.39essex.com
Sentencing for breach of an Anti-Social Behaviour Injunction – Becket Chambers
‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:
1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and
2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’
Becket Chambers, 20th October 2023
Source: becket-chambers.co.uk
Lay Person’s Practical Guide to FDR – Becket Chambers
‘Financial Disputes Resolution [FDR] is the name given to the hearing where the parties attend court to try and agree a settlement. It is a form of alternative dispute resolution in the court building.’
Becket Chambers, 3rd October 2023
Source: becket-chambers.co.uk
Severance Denied: Diag Human v Volterra Fietta [; A Potential Public Policy Warning for Litigation Funders – Gatehouse Chambers
‘The Court of Appeal has held that the severance of terms rendering a CFA unenforceable was not available to solicitors on public policy grounds and that consequently their clients were entitled to the return of sums paid on account. The decision in Diag Human v Volterra Fietta will ring alarm bells for litigation funders who might be contemplating launching similar arguments as a consequence of the Supreme Court’s decision in R (on the application of PACCAR) v Competition Appeal Tribunal.’
Gatehouse Chambers, 10th October 2023
Source: gatehouselaw.co.uk
Four men found guilty of murdering Ashley Dale in Liverpool – The Guardian
‘Four men have been found guilty of the murder of a Liverpool woman who was shot dead in her home last year.’
The Guardian, 20th November 2023
Source: www.theguardian.com
High Court criticises firm for private prosecution disclosure failure – Legal Futures
‘The High Court has criticised a leading private prosecutions law firm for the information it provided to persuade a judge to issue summonses alleging fraud against three people.’
Legal Futures, 21st November 2023
Source: www.legalfutures.co.uk
Safeguarding vulnerable clients: Guidance on best practice in England and Wales – Mills & Reeve
‘A recent case heard by the Scottish Solicitors’ Discipline Tribunal has highlighted the complexities around how solicitors interact with vulnerable clients, particularly in matters involving conflicts of interest, mental capacity, and undue influence. This case offers an opportunity for some cross-border analysis between England and Wales and consideration of what best practice looks like in such a situation.’
Mills & Reeve, 20th November 2023
Source: www.mills-reeve.com
Philip Murray: Ouster Clause Redux: The Court of Appeal’s Decision in LA (Albania) – UK Constitutional Law Association
‘In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and it was informative to observe how judges responded to the clause in judicial review. But while Oceana raised an important point of constitutional law, namely, Parliament’s ability to exclude judicial review with sufficiently express statutory language, the underlying case in Oceana was a weak one. It was little surprise, therefore, that Oceana did not fall for reconsideration on appeal. However, Saini J’s judgment in Oceana that Parliament is institutionally competent to exclude judicial review in certain circumstances has now come under further judicial scrutiny by the Court of Appeal in R (LA (Albania)) v Upper Tribunal [2023] EWCA Civ 1337. And so it is time for another blog post, addressing again the important question on the effectiveness of ouster clauses and the potential limits of Parliament’s legislative sovereignty.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
Rent Free Fitting Out Periods in 1954 Act Renewals – Gatehouse Chambers
‘In a 1954 Act claim for a renewed business tenancy, the Court will (if the parties cannot agree) need to determine the rent payable by the tenant in respect of the new lease. As part of this process the Court will, invariably, hear expert evidence and consider comparables (ideally in the form of open-market transactions of similar properties in a similar area).’
Gatehouse Chambers, 16th October 2023
Source: gatehouselaw.co.uk
Court Control of Office-Holders: Applying the Brakes? – Gatehouse Chambers
‘Under the Insolvency Act 1986 (IA 1986), office-holders are given wide powers but they are subject to the control of the court. In order to allow insolvency practitioners to carry out their duties efficiently and without having constantly to look over their shoulders, this control has always been exercised with a light touch. In recent years there have been several important cases examining these issues.’
Gatehouse Chambers, 11th October 2023
Source: gatehouselaw.co.uk
BNE [2023]: Disclosure and the use of child decoy profiles in sexual communication cases – Park Square Barristers
‘The Appellant was charged with attempted sexual communication with a child (count 1) and attempting to incite a child to engage in sexual activity (count 2) after communicating with a decoy profile (‘X’).’
Park Square Barristers, 31st October 2023
Source: www.parksquarebarristers.co.uk
Vicarious Liability – where are we now? – Gatehouse Chambers
‘Vicarious liability has been a hot topic for more than five years. Every time you look away there seems to have been a new judgment. The Supreme Court has had three goes (WM Morrison Supermarkets PLC v Various Claimants[1], Barclays Bank PLC v Various Claimants and Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB) at installing some kind of flood defences to keep the tide of vicarious liability within boundaries and each time the tide retreats a little. MXX v A Secondary School is an example of the tide retreating a little since BXB. It is a reminder that the most difficult hurdle for claimants to overcome in the two stage test of vicarious liability for non-employees is the second part of the test – the close connection.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
