Anorexic woman’s death prompted independent review – BBC News
‘The care of a severely anorexic woman prompted 14 recommendations for change, an inquest has heard.’
BBC News, 14th February 2020
Source: www.bbc.co.uk
Lawyers highlight poor practice in private law cases and the impact on families – Transparency Project
‘A new research report paints a very alarming picture of the way in which some family courts are dealing with cases where there is domestic abuse, ignoring the procedures put in place by court rules. Academics at the University of Sussex conducted a survey of 88 lawyers who act in private law proceedings in Sussex.’
Transparency Project, 14th February 2020
Source: www.transparencyproject.org.uk
Mostyn J. and ‘amicable’ divorces – St Ives Chambers
‘amicable (spelt with a little ‘a’) charged the parties £300 for helping with preparation of their divorce petition and application for decree nisi, and a further £300 for drafting a simple precedent-compliant cleanbreak order (which the parties had negotiated) together with accompanying Form A, D81, joint disclosure statement. Their letter forwarding the same to the court attracted the attention of the court and this application.’
St Ives Chambers, February 2020
Source: www.stiveschambers.co.uk
Appeal Court rules Islamic marriages invalid in UK – BBC News
‘A court has reversed a judgment from two years ago which found that a couple who had an Islamic wedding ceremony could legally divorce.’
BBC News, 14th February 2020
Source: www.bbc.co.uk
Impact on rape victims of police phone seizures to be reviewed – The Guardian
‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’
The Guardian, 16th February 2020
Source: www.theguardian.com
Police who warned man about ‘transphobic’ tweet acted unlawfully – The Guardian
‘Police officers unlawfully interfered with a man’s right to freedom of expression by turning up at his place of work to speak to him about allegedly “transphobic” tweets, the high court has ruled.’
The Guardian, 14th February 2020
Source: www.theguardian.com
Removal of life support after brain stem death held lawful – UK Human Rights Blog
‘In two related judgments, Lieven J considered an application made by a Hospital Trust to withdraw treatment from a child receiving mechanical ventilation to keep him alive and an application for anonymity on behalf of his treating clinicians. The Trust succeeded in both. The decision has been upheld by the Court of Appeal.’
UK Human Rights Blog, 14th February 2020
Source: ukhumanrightsblog.com
Man jailed 50 years after raping girl in Prescot – BBC News
‘A man who raped a six-year-old girl when he was a teenager has been jailed almost 50 years after the offence.’
BBC News, 14th February 2020
Source: www.bbc.co.uk
TV licence convictions hard to justify, says MP scrutinising BBC – The Guardian
‘The Conservative MP tasked with scrutinising the BBC has said it is hard to justify enforcing the licence fee through the criminal courts, suggesting the corporation is losing support in its battle to prevent the decriminalisation of the £154.50 charge.’
The Guardian, 15th February 2020
Source: www.theguardian.com
Green Belt (again) – the Supreme Court has ruled further on the interpretation of Green Belt policy – Exchange Chambers
‘Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances (NPPF paragraph 143).’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
British woman repeatedly trafficked for sex after Home Office failures – The Guardian
‘A young and highly vulnerable British sex trafficking victim was re-trafficked by county lines drug gangs on multiple occasions after the Home Office repeatedly refused to fulfil its legal obligation to provide her with safe accommodation.’
The Guardian, 16th February 2020
Source: www.theguardian.com
Permitted Development (2) – the relationship to restrictive covenants – Exchange Chambers
‘The provisions in the Town and Country Planning (General Permitted Development) (England) Order 2015 which permit changes of use from office to residential have been controversial, particularly in parts of the south of England where many local authorities fear the effects upon the supply of office accommodation in their areas. As a result, a number of authorities have exercised the powers in Article 4 of the Order to withdraw the rights from parts of their areas. A recent case in the Upper Tribunal (Lands Chamber) illustrates the issues involved where a Council adopts a different approach by attempting to rely on its rights as landlord to enforce leasehold restrictive covenants to prevent the implementation of a change of use proposal.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
Permitted Development (1) – payphone kiosks and advertisements – Exchange Chambers
‘Under Part 16 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 development consisting of the installation, alteration or replacement of any electronic communications apparatus is permitted development, subject to a requirement for prior approval.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
Vos issues warning to parties who abuse disclosure pilot – Litigation Futures
‘Parties that try to use the disclosure pilot for litigation advantage will face “serious adverse costs consequences”, the Chancellor of the High Court has warned, urging judges to take action if they see it.’
Litigation Futures, 17th February 2020
Source: www.litigationfutures.com
Beauty, Trees and Zoning – Exchange Chambers
‘As the United Kingdom begins to plot a new course outside the European Union, 2020 has begun with a flurry of reports (doubtless with one eye on the forthcoming Planning White Paper in England) recommending changes to planning law and land use policies, whether in the interests of economic development, more beautiful places, nature conservation or combatting climate change.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
“Football is Football” – Relegation Not Ground For Re-valuing a Football Stadium – Francis Taylor Building
‘In an important new rating decision the UT has concluded in Wigan Football Club Limited v Wayne Cox (VO) [2019] UKUT 0389 (LC) that the successive relegations of a football club from the Premier League (“PL”) to the Championship and then to League 1 did not constitute a material change of circumstances (“MCC”) providing grounds for a reduction in rateable value (in the 2010 compiled list). The UT confirmed the decision of the VTE, but also made reference to the unfairness of the outcome for financially imperilled clubs and the potential need for adjustments in the method of valuation.’
Francis Taylor Building, 14th February 2020
Source: www.ftbchambers.co.uk
Dealing with Applications for Adjournments due to Ill-Health – St Ives Chambers
‘The High Court has provided a comprehensive summary, in the case of Financial Conduct Authority (FCA) V Avacade Ltd & Ores [2020] EWHC 26, of the relevant authorities when it comes to applying for an adjournment on the grounds of ill-health.’
St Ives Chambers, 6th February 2020
Source: www.stiveschambers.co.uk
The Power to Amend a Proposals Map – to correct a manifest error – Exchange Chambers
‘Part 1 of the Vale of White Horse Local Plan was adopted in December 2016 and showed some land in North Hinksey Village as within the Oxford Green Belt. When the plan was being prepared, the Council had proposed to remove the land from the Green Belt but the proposal (along with others) was not supported by the Local Plan Inspector and the Council published modifications to the draft plan intended to give effect to the Inspector’s recommendations. The plan was adopted with the modifications but by mistake the Proposals Map showed the land as within the settlement boundary of North Hinksey and thereby not within the Green Belt. The mistake was, apparently, a simple administrative error.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
The Use (and Abuse) of Section 73 – Exchange Chambers
‘The procedure in Section 73 of the Town and Country Planning Act 1990 permits a developer to apply for planning permission to carry out development already authorised by an extant planning permission without complying with one or more of the conditions of that permission.’
Exchange Chambers, 12th February 2020
Source: www.exchangechambers.co.uk
