Fight for Grenfell inquiry to look at racial stereotyping goes on – The Guardian
‘Campaigners believe bias and inequality were factors in high number of BAME deaths in fire.’
The Guardian, 14th June 2020
Source: www.theguardian.com
Nyasha Weinberg and Claudia Pagliari: Covid-19 reveals the need to review the transparency and independence of scientific advice – UK Constitutional Law Association
‘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
Negligent advice warning over coronavirus jobs scheme – Legal Futures
‘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 joins legal fight for new inquiry into Dominic Cummings – The Guardian
‘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
Input tax recovery of theatre production costs: HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC) – Monckton Chambers
‘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
Case comment: Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 – UKSC Blog
‘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
Jason Varuhas: Evidence, Facts and the Changing Nature of Judicial Review – UK Constitutional Law Association
‘ 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
MPs offer hope for lawyers locked out of Covid-19 support – Legal Futures
‘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
Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers
‘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
Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers
‘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 should brace for advice rush – Legal Futures
‘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
When does a crime cause “serious harm”? Court of Appeal considers the application of Article 8 to foreign national offenders – UK Human Rights Blog
‘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
Over 1,000 prison leavers left homeless amid pandemic, MoJ figures show – The Guardian
‘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
Ezair v. Conn [2020] EWCA (Civ) 687 – Falcon Chambers
‘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
Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers
‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’
Broadway House Chambers, 8th June 2020
Source: broadwayhouse.co.uk
Promises, promises: what is a landlord to do? Looking at the Supreme Court ruling in Duval v 11-13 Randolph Crescent – Becket Chambers
‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’
Becket Chambers, 11th June 2020
Source: becket-chambers.co.uk
Sweary senior partner wins damages reassessment – Legal Futures
‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’
Legal Futures, 12th June 2020
Source: www.legalfutures.co.uk
The UK government responded to Black Lives Matter – by protecting statues – The Guardian
‘Our justice system is in tatters, yet what may be the first piece of bipartisan legislation to pass is one protecting the feelings of concrete.’
The Guardian, 15th June 2020
Source: www.theguardian.com
Survivors of Manchester Arena bombing in legal action to secure core participant status at public inquiry – Local Government Lawyer
‘Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.’
Local Government Lawyer, 11th June 2020
Source: www.localgovernmentlawyer.co.uk
