Highways in a Climate Crisis – 4-5 Gray’s Inn Square

Posted August 3rd, 2023 in chambers articles, climate change, news, roads, transport by sally

‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

Tribunal makes protective awards to staff of defunct Newcastle firm – Legal Futures

Posted August 3rd, 2023 in consultations, employment tribunals, news, redundancy by sally

‘The employment tribunal has issued protective awards in favour of 13 former employees of Newcastle firm Short Richardson & Forth (SRF) for failing to consult over their redundancies.’

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Legal Futures, 3rd August 2023

Source: www.legalfutures.co.uk

Cancer and Contributory Negligence: Who is the Objectively Reasonable Patient? – QMLR

Posted August 3rd, 2023 in cancer, chambers articles, contribution, doctors, negligence, news by sally

‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Council defeats Court of Appeal challenge over rule in constitution on councillor voting and deferred planning applications – Local Government Lawyer

Posted August 3rd, 2023 in local government, London, news, planning, ultra vires by sally

‘The London Borough of Tower Hamlets was entitled to make a rule that only councillors who had been present when a planning application had previously been considered could vote on deferred applications, the Court of Appeal has found.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Montgomery and Material Contribution – QMLR

‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer

Posted August 3rd, 2023 in disabled persons, equality, housing, local government, news, repossession by sally

‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’

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Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Anti-vaxxer guilty of harassing Matt Hancock on London tube – The Guardian

Posted August 3rd, 2023 in coronavirus, harassment, news, sentencing, suspended sentences, vaccination by sally

‘An anti-vaccine protester who accused Matt Hancock of murdering people during the coronavirus pandemic has been found guilty of harassment.’

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The Guardian, 2nd August 2023

Source: www.theguardian.com

When can findings of fact be re-opened? – Becket Chambers

Posted August 3rd, 2023 in chambers articles, children, family courts, news, res judicata by sally

‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’

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Becket Chambers, 3rd July 2023

Source: becket-chambers.co.uk

Man whose house had Nazi flags, fridge magnets and Adolf Hitler portrait jailed – The Independent

Posted August 3rd, 2023 in hate crime, inciting racial hatred, news, racism, sentencing by sally

‘A man whose house was found adorned with Nazi flags, fridge magnets and a portrait of Adolf Hitler has been jailed.’

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The Independent, 2nd August 2023

Source: www.independent.co.uk

Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers

Posted August 3rd, 2023 in building law, chambers articles, defective premises, leases, news by sally

‘Hugh Rowan examines three new cases of action under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Jacob Crouch: stepfather found guilty of murdering baby in Derbyshire – The Guardian

Posted August 3rd, 2023 in child cruelty, domestic violence, murder, news by sally

‘A man has been found guilty of murdering his 10-month-old stepson, Jacob Crouch, who was left with dozens of injuries, including at least 39 rib fractures, in the run-up to his death.’

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The Guardian, 2nd August 2023

Source: www.theguardian.com

High Court removes privilege in fraud claim involving top law firm – Legal Futures

Posted August 2nd, 2023 in disclosure, documents, fraud, insolvency, law firms, legal profession, news, privilege by sally

‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’

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Legal Futures, 2nd August 2023

Source: www.legalfutures.co.uk

Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer

Posted August 2nd, 2023 in adoption, care homes, children, equality, fostering, local government, news by sally

The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.

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Local Government Lawyer, 1st August 2023

Source: www.localgovernmentlawyer.co.uk

Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers

Posted August 2nd, 2023 in chambers articles, housing, landlord & tenant, news, service charges, tribunals by sally

‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

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Cloisters, 14th July 2023

Source: www.cloisters.com

Fugitive guilty of stabbing asylum seeker to death in row over £10 drug debt – The Independent

Posted August 2nd, 2023 in Afghanistan, asylum, drug abuse, extradition, immigration, murder, news, violent disorder by sally

‘A fugitive has been found guilty of stabbing an Afghan asylum seeker to death over a £10 debt nearly six years ago.’

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The Independent, 1st August 2023

Source: www.independent.co.uk

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers

‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’

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Tanfield Chambers, 4th July 2023

Source: www.tanfieldchambers.co.uk

UK spy agencies want to relax ‘burdensome’ laws on AI data use – The Guardian

‘The UK intelligence agencies are lobbying the government to weaken surveillance laws they argue place a “burdensome” limit on their ability to train artificial intelligence models with large amounts of personal data.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk