Reconsideration or review? – Local Government Lawyer
‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette
‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’
Law Society's Gazette, 30th October 2020
Source: www.lawgazette.co.uk
Children: Public Law Update (October) – Family Law Week
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
Campaigners hail dramatic government climbdown in battle to protect post-Brexit food standards – The Independent
‘A dramatic government climbdown will protect post-Brexit food quality, delighted campaigners say – after fears that chlorinated chicken and hormone-fed beef would be allowed in. In another U-turn, Liz Truss has bowed to pressure to give teeth to a new watchdog to prevent trade deals, particularly with the US, watering down food and animal welfare standards.’
The Independent, 1st November 2020
Source: www.independent.co.uk
Windrush: At least nine victims died before getting compensation – BBC News
‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’
BBC News, 2nd November 2020
Source: www.bbc.co.uk
Johnny Depp loses libel case against Sun over claims he beat ex-wife Amber Heard – The Guardian
‘The Hollywood actor Johnny Depp has lost his high-stakes libel action in the London courts against the Sun after the newspaper described him as a “wife beater”.’
The Guardian, 2nd November 2020
Source: www.theguardian.com
A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH
‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Andrew Hill – ‘Sentencing of Young People with particular reference to the Issue of Mental Health’- 33 Bedford Row
‘I will look at in this article at some of the sentencing principles and guidance when sentencing young people and in particular for serious offences and when they are suffering from mental illness.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers
‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB
‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’
3PB, 2nd October 2020
Source: www.3pb.co.uk
Causation in insurance law – a new interpretation? – Hardwicke Chambers
‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’
Hardwicke Chambers, 6th October 2020
Source: hardwicke.co.uk
Ex-zoo worker jailed over penguins and rare birds theft – BBC News
‘A man who stole penguins and rare birds from a zoo has been jailed.’
BBC News, 30th October 2020
Source: www.bbc.co.uk
SONIA and the ‘Tough Legacy’ of LIBOR – Henderson Chambers
‘At the end of 2021 the London Interbank Offered Rate (LIBOR) will be discontinued. In its place the Financial Conduct Authority is proposing a different rate to become the market standard, the Sterling Overnight Index Average (SONIA). What is the impact of LIBOR’s discontinuance on regulated credit agreements? How might regulated lenders approach a transfer to SONIA? Will the Government legislate to assist with the change?’
Henderson Chambers, 7th October 2020
Source: www.hendersonchambers.co.uk
What To Do About London’s Roof Tops – The 36 Group
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
The cost of wrongly alleging breach of good faith: Part 36 offers and indemnity costs – Local Government Lawyer
‘A High Court judge’s decisions in a multi-million pound dispute between a council and a waste company are helpful in understanding the Court’s approach to duties of good faith – and the consequences of making allegations of bad faith without sufficient evidence, write Judith Hopper and Rory Budworth.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts – Hardwicke Chambers
‘Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
Courts backlog ‘tipping point’ for justice system – BBC News
‘The number of criminal cases waiting to be dealt with by Crown Courts threatens to overwhelm the justice system in England and Wales, a study suggests.’
BBC News, 30th October 2020
Source: www.bbc.co.uk
