‘London Borough of Hackney v Okoro [2020] EWCA Civ 681
This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’
Becket Chambers, 1st June 2020
Source: becket-chambers.co.uk
‘A High Court judge has overturned relief from sanctions granted to a claimant in a medical negligence case, partly because of her solicitor’s “egregious” conduct.’
Litigation Futures, 15th June 2020
Source: www.litigationfutures.com
‘This case tested the extent to which information contained on the face of the property register to registered leasehold estates can be relied on. It is the first time the High Court has specifically ruled on the question of whether the title plan and the floor level note on the property register are conclusive and can be relied on in isolation from the underlying lease, for the purpose of ascertaining the vertical general boundaries. The judgment confirms that the Land Registration Act 2002 does not modify the long-established principle that the general boundaries are determined by construing the lease itself. To that end, the lease is effectively incorporated into the register of title by reference and by HM Land Registry keeping a copy, so the description of the registered estate on the face of the property register does not stand in isolation and must be read in conjunction with the registered lease.’
Landmark Chambers, 1st June 2020
Source: www.landmarkchambers.co.uk
‘The police have an important role to play at the time of a pandemic when social distancing and self-isolation are so important. However, any action they take must be proportionate, transparent and, above all, lawful. Anything else will erode public confidence in the police and make their job more difficult.’
Law Society, 15th June 2020
Source: www.lawgazette.co.uk
‘Campaigners believe bias and inequality were factors in high number of BAME deaths in fire.’
The Guardian, 14th June 2020
Source: www.theguardian.com
‘The tragedy of Covid-19 demonstrates the profound, life-saving, importance of good advice. It is essential that the governance system enables the best possible provision of scientific advice, a mechanism for correcting sub-optimal advice, and clarity around the difference between scientific advice and political decision making.’
UK Constitutional Law Association, 16th June 2020
Source: ukconstitutionallaw.org
‘Lawyers and others who advised clients on the Coronavirus Job Retention Scheme (CJRS) are at risk of claims as the government looks to claw back payments to which recipients were not entitled, a professional negligence specialist has warned.’
Legal Futures, 16th June 2020
Source: www.legalfutures.co.uk
‘Nazir Afzal, a former regional chief prosecutor, has joined a legal campaign for a new investigation into Dominic Cummings over alleged breaches of the coronavirus lockdown rules.’
The Guardian, 14th June 2020
Source: www.theguardian.com
‘Supplies of theatre and museum tickets fall within the ‘cultural exemption’ under Schedule 9 of the VAT Act 1994. However, the business model of many cultural venues does not rely solely on income from ticket sales. As well as funds from public grants and endowments, many venues also make taxable supplies of food and drink at on-site bars and restaurants, or sell other merchandise too. On the input side, venues will have paid VAT on the costs of staging productions or putting on exhibitions. The present appeal concerned whether the Royal Opera House’s production costs fell to be attributed solely to its exempt sales of tickets and taxable sales of programmes, or alternatively to a wider range of taxable supplies, principally its bar and restaurant offerings.’
Monckton Chambers, June 2020
Source: www.monckton.com
‘In this case comment, Stephen McNaught, Mark McMurray, Josh Risso-Gill and Gael Hardie, who all work within the planning team at CMS, comment on the decision recently handed down by the UK Supreme Court in the matter of Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20, which concerned “listed buildings”.’
UKSC Blog, 12th June 2020
Source: ukscblog.com
‘ It is received wisdom, oft-repeated in judgments and textbooks alike, that the judicial review procedure is not an apt forum for the testing of evidence and resolution of disputed questions of fact. For example, it is commonly stated that disclosure and oral evidence will only be ordered rarely, while one would be lucky to find ‘expert evidence’ mentioned in an administrative law text. In contrast disclosure, oral evidence and expert evidence are par for the course in ‘ordinary’ civil proceedings.’
UK Constitutional Law Association, 15th June 2020
Source: ukconstitutionallaw.org
‘The Law Society and Bar Council have urged the government to act on a report from MPs that that would help lawyers who have fallen through the gaps of the coronavirus support schemes.’
Legal Futures, 16th June 2020
Source: www.legalfutures.co.uk
‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’
Landmark Chambers, 8th June 2020
Source: www.landmarkchambers.co.uk
‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’
Hardwicke Chambers, 2nd June 2020
Source: hardwicke.co.uk
‘Employment lawyers could be about to see a surge in enquiries, with data from Citizens Advice showing that people are becoming increasingly concerned about redundancy.’
Legal Futures, 16th June 2020
Source: www.legalfutures.co.uk
‘This judgment concerns the definition of “an offence that has caused serious harm” for the purpose of an appeal against deportation on private and family life grounds under Article 8. In this set of cases, the Court of Appeal took a broad view as to the meaning of this provision, but also held that there must be evidence that the offender has actually caused serious harm.’
UK Human Rights Blog, 15th June 2020
Source: ukhumanrightsblog.com
‘More than 1,000 prisoners were released into homelessness at the height of the coronavirus pandemic in England and Wales, figures show, prompting the government to increase funding for accommodation for prison leavers.’
The Guardian, 15th June 2020
Source: www.theguardian.com
‘In Ezair v. Conn [2020] EWCA (Civ) 687, the Court of Appeal has struck a blow in favour of established doctrine, in a case involving uncompleted contracts for the sale and sub-sale of land.’
Falcon Chambers, 4th June 2020
Source: www.falcon-chambers.com
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