Paul Daly: The Culture of Justification in Administrative Law – UK Constitutional Law Association

Posted July 6th, 2020 in constitutional law, judicial review, news by sally

‘By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in recent decades. It is interesting to ask why this has happened. In a typically interesting and trenchant contribution, my friend Jason Varuhas attributes recent changes to judicial review procedure to a substantive turn to rights review and systemic review.’

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UK Constitutional Law Association, 6th July 2020

Source: ukconstitutionallaw.org

Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Transparency Project

Posted July 6th, 2020 in defamation, litigants in person, McKenzie friends, news, rights of audience by sally

‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’

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Transparency Project, 5th July 2020

Source: www.transparencyproject.org.uk

Misconduct panel’s decision to impose a final written warning for racist remarks quashed by the High Court – UK Police Law Blog

Posted July 6th, 2020 in disciplinary procedures, judicial review, news, police, professional conduct, race discrimination, racism by sally

‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’

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UK Police Law Blog, 3rd July 2020

Source: ukpolicelawblog.com

Dispensing with section 20 – requirements on landlord – Nearly Legal

Posted July 6th, 2020 in consultations, housing, landlord & tenant, news, service charges, tribunals by sally

‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’

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Nearly Legal, 4th July 2020

Source: nearlylegal.co.uk

Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian

Posted July 6th, 2020 in accidents, bereavement, construction industry, coronavirus, cross-examination, families, fire, housing, inquiries, news, standards, victims by sally

‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’

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The Guardian, 6th July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 6th, 2020 in legislation by sally

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020

The Loans for Mortgage Interest (Transaction Fee) (Amendment) Regulations 2020

The Healthy Start Scheme and Welfare Food (Miscellaneous Amendments) (Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020

The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Case Preview: Lehtimaki and Ors v Cooper – UKSC Blog

Posted July 6th, 2020 in appeals, charities, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is awaited in the matter of Lehtimaki and Ors v Cooper, which concerns whether the court has jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty.’

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UKSC Blog, 3rd July 2020

Source: ukscblog.com

Penalised for parking on your own land – Law Society’s Gazette

Posted July 6th, 2020 in appeals, judicial review, news, parking, penalties, roads, statutory interpretation by sally

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian

Posted July 6th, 2020 in cross-examination, defamation, disclosure, domestic violence, evidence, news, witnesses by sally

‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’

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The Guardian, 4th July 2020

Source: www.theguardian.com

Lord chancellor seeks views on post-Brexit court powers – Law Society’s Gazette

Posted July 6th, 2020 in brexit, courts, EC law, lord chancellor, Ministry of Justice, news by sally

‘The Ministry of Justice is seeking lawyers’ views on which British courts should have the power to depart from retained EU case law after the Brexit transition period ends.’

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Law Society's Gazette, 2nd July 2020

Source: www.lawgazette.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

Posted July 6th, 2020 in appeals, domestic violence, families, forfeiture, homicide, intestacy, murder, news, unlawful killing, victims, wills by sally

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

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Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

Leicester residents could be fined up to £3,200 for breaching new lockdown laws – The Guardian

Posted July 6th, 2020 in coronavirus, emergency powers, enforcement, fines, freedom of movement, news by sally

‘The government has published its local lockdown rules for Leicester, which will see most businesses shutting their doors once again.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

Solicitor amended form of authority not knowing client was dead – Legal Futures

Posted July 6th, 2020 in deceit, disciplinary procedures, documents, news, solicitors by sally

‘A solicitor who amended a client’s form of authority when he could not contact her and then sent it to her former employer – not knowing she had died – has been struck off for dishonesty.’

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Legal Futures, 6th July 2020

Source: www.legalfutures.co.uk

Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News

Posted July 6th, 2020 in doctors, inquests, medical treatment, news, wounding by sally

‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’

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BBC News, 4th July 2020

Source: www.bbc.co.uk

Trial collapses of three Britons accused of aiding man to go to fight in Syria – The Guardian

Posted July 6th, 2020 in Crown Prosecution Service, news, terrorism by sally

‘A controversial terror trial of three Britons accused of helping a fourth to travel to Syria to fight with the Kurdish YPG has collapsed at the Old Bailey after the Crown Prosecution Service abandoned the case.’

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The Guardian, 3rd July 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 6th, 2020 in legislation by sally

High Court (Administrative Court)

Tilea v General Prosecutor’s Office of the Court of Appeal in Ghent, Belgium [2020] EWHC 1746 (Admin) (03 July 2020)

Source: www.bailii.org

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

Posted July 3rd, 2020 in appeals, care homes, coronavirus, coroners, dispute resolution, inquests, news, statutory duty by sally

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

BAILII: Recent Decisions

Posted July 3rd, 2020 in law reports by sally

Court of Appeal (Civil Division)

GC v A County Counci & Ors [2020] EWCA Civ 848 (03 July 2020)

T (A Child: Refusal of Adoption Order), Re [2020] EWCA Civ 797 (02 July 2020)

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd & Ors [2020] EWCA Civ 833 (02 July 2020)

Court of Appeal (Criminal Division)

Biffa Waste Services Ltd v R. [2020] EWCA Crim 827 (03 July 2020)

High Court (Administrative Court)

Constable v The Crown Prosecution Service (CPS) [2020] EWHC 1760 (Admin) (03 July 2020)

Iroko, R (On the Application Of) v HM Senior Coroner for Inner London South & Anor [2020] EWHC 1753 (Admin) (03 July 2020)

High Court (Chancery Division)

Davis v Lloyds Bank Plc [2020] EWHC 1758 (Ch) (03 July 2020)

Competition And Markets Authority v Martin [2020] EWHC 1751 (Ch) (03 July 2020)

Central Bridging Loans Ltd v Anwer [2020] EWHC 1745 (Ch) (02 July 2020)

Rowe & Ors v Ingenious Media Holdings Plc & Ors [2020] EWHC 1731 (Ch) (02 July 2020)

N3 Living Ltd v Burgess Property Investments Ltd & Anor [2020] EWHC 1711 (Ch) (02 July 2020)

High Court (Commercial Court)

Fimbank Plc v KCH Shipping Co Ltd [2020] EWHC 1765 (Comm) (03 July 2020)

Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 1721 (Comm) (02 July 2020)

High Court (Queen’s Bench Division)

Bailey & Anorv Glaxosmithkline UK Ltd [2020] EWHC 1766 (QB) (03 July 2020)

Gandesha & Anor v Gandesha & Ors [2020] EWHC 1743 (QB) (02 July 2020)

Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) (02 July 2020)

Scales v Motor Insurers’ Bureau [2020] EWHC 1747 (QB) (02 July 2020)

Mirchandani v Gheewala [2020] EWHC 1742 (QB) (02 July 2020)

Depp v News Group Newspapers Ltd & Ors [2020] EWHC 1734 (QB) (02 July 2020)

Source: www.bailii.org

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

Posted July 3rd, 2020 in children, compensation, disabled persons, education, learning difficulties, local government, news, ombudsmen, school children by sally

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk