More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

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Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted October 30th, 2019 in bills, brexit, climate change, demonstrations, environmental protection, news, nuisance, public order by sally

‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’

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Six Pump Court, 23rd October 2019

Source: www.6pumpcourt.co.uk

MoJ data suggests 95% of SEN tribunal cases lost, withdrawn or conceded by local authorities, claims charity – Local Government Lawyer

Posted October 30th, 2019 in autism, charities, children, education, learning difficulties, local government, news, school children, statistics by sally

‘Some 95% of decisions at special educational needs tribunals in 2017/18 were either won by parents, or saw local authorities withdraw or concede, it has been claimed.’

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Local Government Lawyer, 29th October 2019

Source: www.localgovernmentlawyer.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

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Monckton Chambers, 16th October 2019

Source: www.monckton.com

For this relief, much thanks – Nearly Legal

Posted October 30th, 2019 in appeals, equity, forfeiture, leases, news, Supreme Court by sally

‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’

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Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

David Dennis: Llewellyn, Hart and Miller 2 – UK Constitutional Law Association

Posted October 30th, 2019 in constitutional law, judicial review, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative by sally

‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’

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UK Constitutional Law Association, 29th October 2019

Source: ukconstitutionallaw.org

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

Posted October 30th, 2019 in appeals, compensation, employment tribunals, limitations, minimum wage, news, remuneration, statutory interpretation, time limits by sally

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

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Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

Posted October 30th, 2019 in contracts, costs, disciplinary procedures, drafting, employment, employment tribunals, enforcement, Law Society, news, non-disclosure agreements, solicitors, Solicitors Regulation Authority by sally

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

A Summary Of Recent Corporate Insolvency Cases – Hardwicke Chambers

Posted October 30th, 2019 in administrators, company directors, company law, fraud, insolvency, news, podcasts, professional conduct by sally

‘Phillip Patterson provides a summary of recent corporate insolvency cases covering:

– Fraudulent trading;
– Misfeasance, transactions defrauding creditors and the duties of directors; and
– The out of court appointment of administrators.’

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Hardwicke Chambers, 9th October 2019

Source: hardwicke.co.uk

George Swift 2019 Lecture – Henderson Chambers

Posted October 30th, 2019 in causing death of children or vulnerable adults, criminal justice, doctors, hospitals, negligence, news, professional conduct by sally

‘Kenneth Hamer gave the George Swift 2019 Lecture at the University of Southampton to the Royal College of General Practitioners, Wessex Faculty, on “The Implications of Bawa-Garba and the Boundaries of Professional Conduct”.’

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Henderson Chambers, 11th October 2019

Source: www.hendersonchambers.co.uk

Prosecutors criticised over ‘serious failings’ as father and son accused of racially abusing Premier League footballer walk free after case collapses – Daily Telegraph

Posted October 30th, 2019 in Crown Prosecution Service, hate crime, news, police, racism, sport, video recordings by sally

‘”Serious failings” led to the collapse of a prosecution over allegations that racist slurs were hurled at Brighton defender Gaetan Bong during a Premier League match.’

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Daily Telegraph, 29th October 2019

Source: www.telegraph.co.uk

AI system for granting UK visas is biased, rights groups claim – The Guardian

Posted October 30th, 2019 in artificial intelligence, equality, government departments, human rights, immigration, news, race discrimination, visas by sally

‘Immigrant rights campaigners have begun a ground-breaking legal case to establish how a Home Office algorithm that filters UK visa applications actually works.’

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The Guardian, 29th October 2019

Source: www.theguardian.com

Conveyancers “need not fear” home buying shake-up – Legal Futures

Posted October 30th, 2019 in conveyancing, documents, estate agents, housing, news, solicitors by sally

‘A “single source of truth” that contains all the information about a property before it goes on the market is in the works as part of plans to speed up the home buying and selling process, it has emerged.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Environmental Law Podcast – October 2019 – Six Pump Court

Posted October 30th, 2019 in bills, climate change, environmental protection, news by sally

‘The latest monthly environmental law news podcast presented by Mark Davies in association with LexisPSL, is now available.

In this short update Mark considers:

– Publication of the Environment Bill;
– Environment Agency aims to become net carbon zero by 2030; and
– New requirements for applicants for certain bespoke permits to carry out risk assessments on adapting to climate change.’

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Six Pump Court, 29th October 2019

Source: www.6pumpcourt.co.uk

How Brexit may have changed Parliament forever – OUP Blog

Posted October 30th, 2019 in brexit, constitutional law, news, parliament by sally

‘During 2019, the Brexit process has radically changed the dynamics between the prime minister and the House of Commons. Normally the United Kingdom’s government, led by the prime minister and her Cabinet, provides leadership, and drives and implements policy while Parliament exercises control over the government by scrutinising its actions and holding it to account. This is a carefully balanced relationship, although a government with a strong majority can dominate decision making in the House of Commons.’

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OUP Blog, 30th October 2019

Source: blog.oup.com

Bride-to-be fleeced fiance’s stag party out of £11k – BBC News

Posted October 30th, 2019 in compensation, forgery, marriage, news, sentencing, suspended sentences, theft by sally

‘A bride-to-be frittered away her fiance’s stag party kitty, leaving him and his friends stranded at a UK airport, a court has heard.’

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BBC News, 29th October 2019

Source: www.bbc.co.uk

The 39 people who died in the lorry were victims. Why does the law treat them as criminals? – The Guardian

Posted October 30th, 2019 in criminal justice, immigration, news, trafficking in human beings, unlawful killing, victims by sally

‘As long as the justice system is focused on immigration status, not on ending modern-day slavery, desperate people will suffer.’

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The Guardian, 29th October 2019

Source: www.theguardian.com

Third party funding agreements are not DBAs – Hardwicke Chambers

Posted October 30th, 2019 in appeals, claims management, compensation, competition, damages, news, third parties, tribunals by sally

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk