‘The Upper Tribunal has ruled on where the burden of proof lies when it is said that the manager of a house in multiple occupation had a reasonable excuse for conduct which, but for that defence, would amount to a relevant housing offence under section 249A, Housing Act 2004.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’
UKSC Blog, 25th March 2020
Source: ukscblog.com
‘On 12 March 2020 a unanimous Court of Appeal led by Sir Ernest Ryder (Senior President of the Tribunals), together with Lord Justice Bean and Lady Justice King, allowed the Appellant’s appeal against the First tier Tribunal (“FtT”) and Upper Tribunal (“UT”)’s decisions upholding the refusal of his application for leave to remain.’
UK Human Rights Blog, 24th March 2020
Source: ukhumanrightsblog.com
‘The former Coronavirus Bill is now the Coronavirus Act 2020. The bill was not significantly amended in relation to the proposed changes to the Care Act – however, per s.87(2) of the Coronavirus Act, the changes relating to the Care Act will not come into force until further regulations are made to that effect. Arianna Kelly outlines the key points.’
Coronavirus: Guidance for Lawyers and Businesses, 26th March 2020
‘Lord Justice Hickinbottom has given guidance on making applications to the Court of Appeal for interim relief, in a housing case he declined to conclude because it had become academic.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘In Forstater v CGD (2019), a think tank did not renew its contract for consultancy services with the claimant, Maya Forstater, allegedly because of Forstater expressing so-called ‘gender critical’ beliefs. Forstater claimed that she had suffered direct discrimination for having a protected belief under section 10 of the Equality Act 2010. In a preliminary decision, the employment tribunal considered whether the claimant’s belief was indeed protected. Tayler J identified the core of the claimant’s belief to be that sex is biologically immutable and, in no circumstances, is a trans woman ‘a woman’ or a trans man ‘a man’, even when the person in question has a Gender Recognition Certificate under the Gender Recognition Act 2004 (paragraph [77]). Due to the belief’s ‘no circumstances’ aspect, the judge labelled it ‘absolutist’ ([84]).’
Oxford Human Rights Hub, 22nd March 2020
Source: ohrh.law.ox.ac.uk
‘The powers in the Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 allow a constable to “take such action as is necessary to enforce a premises closure or restriction”. The powers in theCoronavirus Act 2020, schedule 22 (formerly schedule 21 in the Bill) are to enforce a restriction or prohibition on gatherings or events and to close and restrict access to premises during a public health response period. Again, it will allow a constable to “take such action as is necessary to enforce such a restriction, prohibition or closure”. But what does the phrase, “take such action as is necessary to enforce …” mean?’
UK Police Law Blog, 25th March 2020
Source: ukpolicelawblog.com
‘Whether and how a religious marriage is recognised in law has profound consequences for couples and their children. This is the question at the heart of the Court of Appeal decision in Attorney General v Akhter and Khan [2020]. Here, the judges were faced with determining the status of a religious ceremony, conducted in a restaurant over 20 years ago – and in doing so, what family law rights the ‘wife’ has against her ‘husband’. In Akhter v Khan [2018] EWFC 54 the High Court argued for a novel solution to this question, through the law on null marriages. Widely praised for its pragmatism, the judge was able to avoid recognising their religious marriage as such, whilst still providing remedial protection to the ‘wife’ under Section 11 of the Matrimonial Causes Act 1973. The Court of Appeal has now reversed this decision and re-asserted the orthodox rules on recognising religious marriages.’
Oxford Human Rights Hub, 17th March 2020
Source: ohrh.law.ox.ac.uk
‘The Upper Tribunal has rejected an appeal by a landlord over the imposition of a condition on his licence requiring him to attend training on how to manage tenancies.’
Local Government Lawyer, 25th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A paedophile couple who met on Tinder have been jailed for 48 years after “sinking to the depths of depravity” to satisfy their own sexual urges.’
Daily Telegraph, 24th March 2020
Source: www.telegraph.co.uk
‘With the UK now in coronavirus lockdown, many people will be anxious about their right to stay at home and their right to get paid. Lawyer Alex Monaco answers a selection of frequently asked questions on your employment rights.’
Each Other, 25th March 2020
Source: eachother.org.uk
‘The case concerned the conflicts of interests that may arise where property and affairs
deputies employed by a law firm instruct that firm to carry out instructions for P, or to
conduct litigation on P’s behalf.’
3PB, 10th March 2020
Source: www.3pb.co.uk
‘The Court of Appeal today [17 March] handed down judgment in Andreewitch v Moutreuil [2020] EWCA Civ 382. The courts have long since recognised the “absolute right of a person accused of contempt to remain silent” (Comet v Hawkex [1971] 2 QB 67). The Andreewitch judgment establishes that a judge must warn alleged contemnors of that right before they give oral evidence.’
Doughty Street Chambers, 17th March 2020
Source: insights.doughtystreet.co.uk
‘Commercial tenants who miss a payment in the next three months because of the coronavirus outbreak will be protected from eviction, the government has announced.’
Local Government Lawyer, 24th March 2020
Source: www.localgovernmentlawyer.co.uk
‘A new practice direction clarifying when civil courts may derogate from the principle of open justice to conduct hearings remotely in private has been published today.’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
‘Police will be authorised to use force to send people back home if they refuse to obey the coronavirus lockdown, under government plans.’
The Guardian, 25th March 2020
Source: www.theguardian.com
‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’
Each Other, 24th March 2020
Source: eachother.org.uk
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