Supreme Court spells out the limitations of nuisance – 4KBW
‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’
4KBW, 13th July 2023
Source: www.4kbw.co.uk
In seminal case on litigation funding, Supreme Court overturns established practice to hold that Litigation Funding Agreements are Damages-Based Agreements – 4 New Square
‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’
4 New Square, 26th July 2023
Source: www.4newsquare.com
Acupuncture and craniosacral therapy ads banned over long Covid treatment claims – The Independent
‘The Advertising Standards Authority ruled that three ads misled consumers about the therapies’ efficacy in treating long Covid.’
The Independent, 30th August 2023
Source: www.independent.co.uk
The Good Friday Agreement and the European Convention on Human Rights – UK Human Rights Blog
‘On 11 August, a piece from Professor Richard Ekins KC (Hon) set out a case for the UK denouncing the European Convention on Human Rights (ECHR) and leaving the treaty system altogether. One of the main arguments in favour of this is that it would “restore Parliament’s freedom, on behalf of the British people, to decide what our laws should be”. This marks one of the more recent such calls, amid a growing chorus of Ministers in the UK Government and Conservative Party MPs to leave the ECHR. Also, it should be noted that we have been here before. The constitutional aspects of such a move aside, there are particular reasons why it would impact Northern Ireland. While Northern Ireland does not feature in Professor Ekins’ 11 August piece, he has previously written about the interaction between the ECHR and the Good Friday Agreement 1998 (GFA), which underpins the modern devolution settlement in Northern Ireland and which brought an end to a brutal and deadly conflict. This interaction is the subject of this post.’
UK Human Rights Blog, 29th August 2023
Source: ukhumanrightsblog.com
Competition watchdog to investigate land banks, planning system and private rental sector – Local Government Lawyer
‘The Competition and Markets Authority (CMA) has published an update on its housebuilding and private rental market inquiry, formally launched in February.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
Seventeen years: what does Andrew Malkinson’s wrongful conviction say about the appeals process? – UK Human Rights Blog
‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’
UK Human Rights Blog, 29th August 2023
Source: ukhumanrightsblog.com
Alex Belfield case: Stalking victim Philip Dehany to seek damages – BBC News
‘A man stalked by YouTuber Alex Belfield is seeking compensation, following what a judge described as “a vicious and continued campaign of abuse”.’
BBC News, 30th August 2023
Source: www.bbc.co.uk
Waking watch costs and failing to do Fire Risk Assessments – Nearly Legal
‘This is a very interesting appeal to the Upper Tribunal on the issue of a freeholder recovering waking watch costs through the leaseholder’s service charge. The freeholder was given permission to appeal an FTT decision that only the first 7 days worth of costs (of almost 4 months worth) was recoverable.’
Nearly Legal, 29th August 2023
Source: nearlylegal.co.uk
Landowner who felled more than a hundred trees told to replant them – Local Government Lawyer
‘The London Borough of Bromley has said it is considering all legal measures after ordering a landowner to replace 131 trees that were felled without permission.’
Local Government Lawyer, 29th August 2023
Source: www.localgovernmentlawyer.co.uk
Two women jailed for torturing and killing pet parrot in Carlisle – The Guardian
‘Two women who tortured and killed a friend’s pet parrot during a lengthy drinking session have been jailed by a judge who described their cruelty as “beyond comprehension”.’
The Guardian, 29th August 2023
Source: www.theguardian.com
Dalston Projects Limited and others v Secretary of State for Transport – Blackstone Chambers
‘High Court has handed down its first decision on an application brought under s.38 of the Sanctions, Anti-Money Laundering Act 2018 (“SAMLA”) in respect of the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Sanctions Regulations”).’
Blackstone Chambers, 21st July 2023
Source: www.blackstonechambers.com
Mental health and security of occupation – Nearly Legal
‘This was a judicial review of Haringey’s refusal to award Mr Islam Band A priority on its housing register, rather than Band B.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
Family Justice Council consults on draft guidance on responding to allegations of alienating behaviour – Local Government Lawyer
‘The Family Justice Council (FJC) is to consult on draft guidance drawn up by its working group on Responding to alienating behaviour.’
Local Government Lawyer, 25th August 2023
Source: www.localgovernmentlawyer.co.uk
Distance, affordability, suitability – Nearly Legal
‘This was the second appeal from a review decision upholding the suitability of an offer of a private sector tenancy in Walsall in discharge of Waltham Forest’s s.193 duty to Ms Webb-Harden. Ms Webb-Harden is a single mother with three children, who had lived in London all her life. She had become homeless from the termination of a private sector tenancy.’
Nearly Legal, 28th August 2023
Source: nearlylegal.co.uk
LSB set to beef up rules on how lawyers handle complaints – Legal Futures
‘Lawyers are facing beefed-up rules on dealing with complaints, and the prospect of how quickly they handle them being made public, under proposals published yesterday.’
Legal Furtures, 25th August 2023
Source: www.legalfutures.co.uk
Deprivation of Liberty Safeguards applications up by 11% since last year – Local Government Lawyer
‘New data published by the NHS has revealed there were an estimated 300,765 applications for Deprivation of Liberty Safeguards (DoLS) received between 1 April 2022 to 31 March 2023.’
Local Government Lawyer, 25th August 2023
Source: www.localgovernmentlawyer.co.uk
Three-quarters of UK lawyers believe AI will increase productivity – Legal Futures
‘Artificial intelligence (AI) could help law firms most by increasing their productivity and is also likely to result in more legal work being done by those without traditional legal qualifications, lawyers have said.’
Legal Futures, 29th August 2023
Source: www.legalfutures.co.uk
Refugee wins last-minute extradition reprieve after trying to return from holiday – The Guardian
‘A refugee who was threatened with extradition when he tried to return to Britain after holidaying in Italy has won a last-minute reprieve.’
The Guardian, 29th August 2023
Source: www.theguardian.com
‘I struggle not knowing what the future holds’ – Asylum backlog reaches record high – BBC News
‘The number of people in the UK waiting for a decision on their asylum claims has risen to a record high, latest Home Office figures show.’
BBC News, 24th August 2023
Source: www.bbc.co.uk
