Case comment: Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 – UKSC Blog

Posted June 16th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘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”.’

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UKSC Blog, 12th June 2020

Source: ukscblog.com

Jason Varuhas: Evidence, Facts and the Changing Nature of Judicial Review – UK Constitutional Law Association

Posted June 16th, 2020 in disclosure, evidence, human rights, judicial review, news by sally

‘ 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.’

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UK Constitutional Law Association, 15th June 2020

Source: ukconstitutionallaw.org

MPs offer hope for lawyers locked out of Covid-19 support – Legal Futures

Posted June 16th, 2020 in coronavirus, legal profession, news, remuneration, reports, select committees, self-employment by sally

‘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.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

Successful Legal Challenge to Leeds Site Allocations Plan – Landmark Chambers

Posted June 16th, 2020 in chambers articles, housing, news, planning, reasons by sally

‘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.’

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Landmark Chambers, 8th June 2020

Source: www.landmarkchambers.co.uk

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

Posted June 16th, 2020 in appeals, asbestos, cancer, compensation, damages, limitations, news, statutory interpretation by sally

‘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.’

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Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Employment lawyers should brace for advice rush – Legal Futures

Posted June 16th, 2020 in citizens advice bureaux, coronavirus, employment, news, redundancy by sally

‘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.’

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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

Posted June 16th, 2020 in appeals, deportation, guilty pleas, human rights, indecent photographs of children, news, possession of false identity documents by sally

‘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.’

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UK Human Rights Blog, 15th June 2020

Source: ukhumanrightsblog.com

Over 1,000 prison leavers left homeless amid pandemic, MoJ figures show – The Guardian

Posted June 16th, 2020 in coronavirus, homelessness, housing, news, prisons by sally

‘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.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Ezair v. Conn [2020] EWCA (Civ) 687 – Falcon Chambers

Posted June 16th, 2020 in constructive trusts, contracts, news, sale of land by sally

‘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.’

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Falcon Chambers, 4th June 2020

Source: www.falcon-chambers.com

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

Posted June 16th, 2020 in coronavirus, financial regulation, news, regulations, Solicitors Regulation Authority by sally

‘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.’

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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

Posted June 16th, 2020 in covenants, enforcement, landlord & tenant, leases, news, Supreme Court by sally

‘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?’

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Becket Chambers, 11th June 2020

Source: becket-chambers.co.uk

Sweary senior partner wins damages reassessment – Legal Futures

Posted June 16th, 2020 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘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.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

The UK government responded to Black Lives Matter – by protecting statues – The Guardian

Posted June 16th, 2020 in criminal damage, criminal justice, minorities, monuments, news, sentencing by sally

‘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.’

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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

Posted June 16th, 2020 in explosives, inquiries, news, terrorism, victims by sally

‘Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Man jailed for urinating at PC Keith Palmer memorial during protest – BBC News

Posted June 16th, 2020 in monuments, news, outraging public decency, sentencing by sally

‘A man has been jailed for urinating at the Westminster memorial dedicated to PC Keith Palmer.’

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BBC News, 15th June 2020

Source: www.bbc.co.uk

Rise in injunctions against HS2 protesters – The Guardian

Posted June 16th, 2020 in demonstrations, environmental protection, injunctions, local government, news, railways by sally

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

Man sues Met police over injuries suffered in alleged racist arrest – The Guardian

Posted June 16th, 2020 in complaints, London, news, police, racism, stop and search, wrongful arrest by sally

‘A man who suffered a broken wrist and damage to his arm and shoulder after he was detained outside his home in what he believes was a wrongful racist arrest is suing the Metropolitan police over his injuries.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 16th, 2020 in legislation by sally

The Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 16th, 2020 in law reports by sally

Court of Appeal (Civil Division)

A (A Child) (Rev 1) [2020] EWCA Civ 731 (15 June 2020)

High Court (Administrative Court)

Adiatu & Anor, R (On the Application Of) v Her Majesty’s Treasury [2020] EWHC 1554 (Admin) (15 June 2020)

Harris, Re review of the tariff [2020] EWHC 1540 (Admin) (15 June 2020)

High Court (Technology and Construction Court)

Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)

Source: www.bailii.org

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

Posted June 15th, 2020 in chambers articles, coronavirus, costs, dispute resolution, news, part 36 offers by sally

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk