BAILII: Recent Decisions
Court of Appeal (Civil Division)
CK, Re (A Child: Fact-Finding) [2022] EWCA Civ 952 (13 July 2022)
Source: www.bailii.org
Affordability and intentional homelessness – assessments and guidance – Nearly Legal
‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
Rabbit holes to fall down – Nearly Legal
‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
Workplace fatalities data highlights employers’ health and safety duties – OUT-LAW.com
‘The latest data on workplace fatalities in Britain should sharpen the focus of employers on ensuring their workplaces are safe environments for both workers and members of the public, a health and safety expert has said.’
OUT-LAW.com, 13th July 2022
Source: www.pinsentmasons.com
Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog
‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’
Practical Law: Construction Blog, 13th July 2022
Parliament’s watchdogs – UCL Constitution Unit
‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’
UCL Constitution Unit, 12th July 2022
Source: www.ucl.ac.uk
Regulator of Social Housing launches first of its kind investigation into for-profit housing provider – Local Government Lawyer
‘A housing provider specialising in shared ownership which operates in more than 190 local authority areas in the United Kingdom is under investigation by the Regulator of Social Housing over financial and governance compliance concerns.’
Local Government Lawyer, 12th July 2022
Source: www.localgovernmentlawyer.co.uk
Kent council fights off JR of caravan removal action – Local Government Lawyer
‘The High Court has rejected a judicial review brought over whether Thanet District Council was right to serve direction notices on people living in caravans at Ramsgate port.’
Local Government Lawyer, 14th July 2022
Source: www.localgovernmentlawyer.co.uk
A guide to protecting non-matrimonial assets in divorce – Family Law
‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’
Family Law, 14th July 2022
Source: www.familylaw.co.uk
CPS launches Defendants strategy with pledge to focus on mental health, youth justice and disproportionality – Crown Prosecution Service
‘A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched today by the Crown Prosecution Service (CPS).’
Crown Prosecution Service, 13th July 2022
Source: www.cps.gov.uk
Backdating legal aid fee hike is legal – but it’s a pyrrhic victory – Law Society’s Gazette
‘Awarding a 15% fee uplift to existing criminal legal aid cases poses no legal problems, the government has conceded following the threat of litigation.’
Law Society's Gazette, 13th July 2022
Source: www.lawgazette.co.uk
Heatwave: When is it too hot to work? – BBC News
‘Is there a maximum temperature for workplaces? No law in the UK says a given temperature is too hot or cold to work.’
BBC News, 14th July 2022
Source: www.bbc.co.uk
Two Met police officers charged with assault amid claims of excessive force – The Guardian
‘Two Metropolitan police officers have been charged with assault by beating after allegedly using excessive force while searching a man in December 2021.’
The Guardian, 13th July 2022
Source: www.theguardian.com
Warnings over ‘inconsistent’ monitoring of criminals after release from jail – The Independent
‘Dangerous criminals are being downgraded to the lowest level of monitoring from police and other bodies too quickly after being freed from jail, watchdogs have warned.’
The Independent, 14th July 2022
Source: www.independent.co.uk
David Beckham’s stalker handed restraining order after saying his sperm had ‘fused with her eggs’ – The Independent
‘An indefinite restraining order has been placed on the stalker of David Beckham after she went to his daughter’s school claiming to be her mother and saying the footballer’s sperm had been fused with her eggs.’
The Independent, 13th July 2022
Source: www.independent.co.uk
Schools in England advised to assess risk of strip-search before calling police – The Guardian
‘Schools should “assess and balance” the risk of a potential strip-search to a pupil’s mental and physical wellbeing before calling the police, according to new government guidance.’
The Guardian, 13th July 2022
Source: www.theguardian.com
UK data watchdog investigates whether AI systems show racial bias – The Guardian
‘The UK data watchdog is to investigate whether artificial intelligence systems are showing racial bias when dealing with job applications.’
The Guardian, 14th July 2022
Source: www.theguardian.com
Mo Farah: Police investigate trafficking revelations – BBC News
‘The Metropolitan Police say they have opened an investigation into Sir Mo Farah’s revelation that he was trafficked to the UK as a child.’
BBC News, 14th July 2022
Source: www.bbc.co.uk
