New Judgment: DCM (Optical Holdings) Ltd v Commissioners for His Majesty’s Revenue and Customs (Scotland) [2023] UKSC 7 – UKSC Blog

Posted February 24th, 2023 in appeals, EC law, HM Revenue & Customs, media, news, Scotland, statutory interpretation, Supreme Court, taxation, VAT by sally

‘Under the Value Added Tax Act 1994 (the “VAT Act“), “newspapers” are “zero-rated”, meaning Value Added Tax (“VAT“) is not charged on them. The question in this case is whether, between 30 August 2010 – 4 December 2016 (the “relevant period“), zero-rating extended beyond print newspapers to digital editions of newspapers, such as editions for e-readers, tablets, smartphones and websites.’

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UKSC Blog, 22nd February 2023

Source: ukscblog.com

Council cites 776-year-old law in dispute over City of London plans to move historic wholesale markets – Local Government Lawyer

Posted February 24th, 2023 in bills, local government, London, markets, news by sally

‘Havering Council hopes a 776-years-old law will help it win a planning battle with the City of London Corporation.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Asylum backlog at record high, Home Office figures show – BBC News

Posted February 24th, 2023 in asylum, delay, government departments, immigration, news, refugees, statistics by sally

‘The number of asylum seekers waiting for a decision on their case in the UK has soared to record levels, with about 166,000 people in the backlog.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Warwick student with cancer wins payout after university denied extension request – The Guardian

Posted February 24th, 2023 in cancer, damages, disabled persons, education, health, news, universities by sally

‘Warwick University has agreed to pay a student who is seriously ill with cancer £12,000 in damages for the “distress and inconvenience” caused by not allowing her to extend her course as a result of her health condition.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Limiting an employer’s right to dismiss on notice: Aspden v Webbs Poultry and USDAW v Tesco – by Oliver Jackson – UK Labour Law

Posted February 24th, 2023 in appeals, contract of employment, employment, news, Supreme Court, unfair dismissal by sally

‘It will come as a surprise to most lawyers to learn that a term may be implied into a contract that is inconsistent with an express term of that contract. Frankly, this proposition would probably surprise even the justices of the Supreme Court, who recently reaffirmed in Barton v Morris [2023] UKSC 3 (at [24], [25], [107], [165]-[167], and [221]) that the implication of such a term is prohibited.’

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UK Labour Law, 22nd February 2023

Source: uklabourlawblog.com

Safe as Houses: depriving children of their liberty – Law Pod UK

Posted February 23rd, 2023 in children, deprivation of liberty safeguards, news, podcasts by sally

‘Applications for secure accommodation or deprivation of liberty orders, for children in the UK, have increased significantly in recent years. Lucy McCann talks with Richard Ager and Clare Ciborowska about the current situation.’

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Law Pod UK, 22nd February 2023

Source: audioboom.com

Serial killer fan who murdered boyfriend jailed for at least 23 years – The Guardian

Posted February 23rd, 2023 in murder, news, sentencing by sally

‘A woman who decorated her house with pictures of serial killers and who stabbed her boyfriend to death has been jailed for at least 23 years.’

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The Guardian, 22nd February 2023

Source: www.theguardian.com

Judge rules birth father should have been notified of existence of child but accepts he cannot force mother to reveal his identity – Local Government Lawyer

Posted February 23rd, 2023 in adoption, birth, children, identification, news, notification, paternity by sally

‘A Family Court judge has said he cannot compel a mother to disclose the identity of a toddler’s birth father, even though he should have been told of the child’s existence before adoption proceedings are completed.’

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Local Government Lawyer, 23rd February 2023

Source: www.localgovernmentlawyer.co.uk

Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’? – UK Constitutional Law Association

Posted February 23rd, 2023 in brexit, constitutional law, EC law, judicial review, news, Northern Ireland, prerogative powers, Supreme Court, treaties, ultra vires by sally

‘On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin).’

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UK Constitutional Law Association, 21st February 2023

Source: ukconstitutionallaw.org

Thomas Campbell killing: Ex-wife among three jailed over torture death – BBC News

Posted February 23rd, 2023 in conspiracy, homicide, murder, news, robbery, sentencing by sally

‘The ex-wife of a man tortured to death in his home is among three people jailed for their role in his killing.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Shamima Begum loses appeal against removal of British citizenship – The Guardian

Posted February 23rd, 2023 in appeals, citizenship, government departments, news, proscribed organisations, terrorism by sally

‘Shamima Begum, who left Britain as a schoolgirl to join Islamic State (IS), has lost an appeal against the decision to remove her British citizenship.’

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The Guardian, 22nd February 2023

Source: www.theguardian.com

Judges urged to call out role of lawyers in “layering” PI claims – Legal Futures

Posted February 23rd, 2023 in doctors, expert witnesses, fraud, news, personal injuries, solicitors by sally

‘The ruling of a district judge highlighting apparent collusion between solicitors, medical experts and others in inflating a personal injury claim is an important landmark in the fight against fraud, the defendant lawyer involved has argued.’

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Legal Futures, 23rd February 2023

Source: www.legalfutures.co.uk

Asylum claims for 12,000 to be considered without face-to-face interview – BBC News

Posted February 23rd, 2023 in asylum, criminal records, delay, government departments, news, refugees by sally

‘Some 12,000 asylum seekers to the UK are to be considered for refugee status without face-to-face interviews.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Man jailed for murder, rape and sexual assault of woman in Greater Manchester – The Guardian

Posted February 23rd, 2023 in murder, news, rape, sentencing, sexual offences by sally

‘A man has been sentenced to a minimum term of 35 years in prison for the murder, rape and sexual assault of a charity worker in Greater Manchester.’

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The Guardian, 22nd February 2023

Source: www.theguardian.com

The Ethical Decision-Making Model by the Home Office – EIN Blog

Posted February 22nd, 2023 in bereavement, elderly, families, government departments, immigration, news by sally

‘We acted on behalf of a woman who came to the UK as a visitor from India in September 2021 and who has lived here with her son and his family. Her husband passed away and she came to stay with her son to be supported during the bereavement period, unsure as to the length of time she would be able to remain in the UK. She is suffering from a range of medical issues and has a complex medical history that requires constant monitoring.’

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EIN Blog, 22nd February 2023

Source: www.ein.org.uk

Raw sewage in the Court of Appeal – UK Human Rights Blog

Posted February 22nd, 2023 in appeals, environmental health, human rights, judicial review, news, pollution, waste, water by sally

‘The pumping of raw, untreated sewage into Britain’s waterways is one of the defining political issues of the day. Its potency as a legal issue, however, is limited. That, at least, is the outcome of R (Wild Justice) v OFWAT [2023] EWCA Civ 28.’

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UK Human Rights Blog, 21st February 2023

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 22nd, 2023 in legislation by sally

SI 2023/180 – The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2023

SI 2023/178 – The Alternative Fuel Payment Pass-through Requirement (England and Wales and Scotland) Regulations 2023

SI 2023/171 – The National Health Service (Amendments Relating to Pre-Payment Certificates, Hormone Replacement Therapy Treatments and Medicines Shortages) Regulations 2023

SI 2023/174 – The Education (School Day and School Year) (England) (Amendment) Regulations 2023

SI 2023/163 – The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 22nd, 2023 in law reports by sally

Court of Appeal (Civil Division)

Quantum Care Ltd & Anor v Modi [2023] EWCA Civ 171 (21 February 2023)

H-W (Care Proceedings: Further Fact-Finding Hearing) [2023] EWCA Civ 149 (21 February 2023)

R3 v Secretary of State for the Home Department [2023] EWCA Civ 169 (17 February 2023)

High Court (Administrative Court)

Lazari Properties 2 Ltd v The Secretary of State for Levelling Up, Housing And Communities [2023] EWHC 353 (Admin) (21 February 2023)

High Court (King’s Bench Division)

Goldhill Finance Ltd v Smyth [2023] EWHC 362 (KB) (21 February 2023)

Smith & Anor v Surridge & Ors [2023] EWHC 351 (KB) (20 February 2023)

High Court (Technology and Construction Court)

Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2023] EWHC 360 (TCC) (21 February 2023)

Source: www.bailii.org

Estate agent who failed to comply with selective licensing scheme to pay £35k after council prosecution – Local Government Lawyer

Posted February 22nd, 2023 in estate agents, fines, housing, landlord & tenant, local government, news by sally

‘An estate agent that failed to license three residential properties subject to a selective licensing scheme has been ordered to pay £35,000 following a successful prosecution by Enfield Council.’

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Local Government Lawyer, 20th February 2021

Source: www.localgovernmentlawyer.co.uk

Major social landlord to pay more than £2k after disabled resident left without use of toilet – Local Government Lawyer

Posted February 22nd, 2023 in compensation, disabled persons, housing, local government, maladministration, news, ombudsmen, repairs by sally

‘The Housing Ombudsman has found severe maladministration at major social landlord Clarion after repeated drain blockages left a disabled resident unable to use a functioning toilet in their new build home.’

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Local Government Lawyer, 21st February 2023

Source: www.localgovernmentlawyer.co.uk