Day: 22 November 2021

Recitation is not application – Nearly Legal

Posted November 22nd, 2021 in appeals, disabled persons, equality, homelessness, housing, learning difficulties, local government, news, social services by tracey

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

Posted November 22nd, 2021 in agriculture, class actions, competition, damages, food, foreign jurisdictions, jurisdiction, news by tracey

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by tracey

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2021 in legislation by tracey

SI 2021/1289 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 22nd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Chief Constable of South Yorkshire Police, R (On the Application Of) v Kelly & Anor [2021] EWCA Civ 1699 (19 November 2021)

Loveridge & Anor v Loveridge [2021] EWCA Civ 1697 (19 November 2021)

Cunningham v Rochdale Metropolitan Borough Council [2021] EWCA Civ 1719 (19 November 2021)

Court of Appeal (Criminal Division)

Jex & Ors, R. v [2021] EWCA Crim 1708 (19 November 2021)

AAM, R. v [2021] EWCA Crim 1720 (19 November 2021)

High Court (Administrative Court)

Orsos v Pecs District Court, Hungary [2021] EWHC 3097 (Admin) (19 November 2021)

Marosan v Court of Cluj-Napoca (Romania) [2021] EWHC 3098 (Admin) (19 November 2021)

Misbourne Environmental Protection Ltd, R (On the Application Of) v Environment Agency [2021] EWHC 3094 (Admin) (19 November 2021)

High Court (Chancery Division)

ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] EWHC 3096 (Ch) (19 November 2021)

London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch) (19 November 2021)

Charterhouse Asset Management Ltd v Latchworth Ltd [2021] EWHC 3072 (Ch) (19 November 2021)

High Court (Family Division)

Re P (Presumption of Death) [2021] EWHC 3099 (Fam) (19 November 2021)

High Court (Queen’s Bench Division)

National Highways Ltd v Heyatawin & Ors (Costs) [2021] EWHC 3093 (QB) (18 November 2021)

Source: www.bailii.org

Lord Leggatt, What is the point of commercial law? – Supreme Court

Posted November 22nd, 2021 in company law, judges, speeches by tracey

‘Lord Leggatt, What is the point of commercial law?’

Full speech

Supreme court, 2nd November 2021

Source: www.supremecourt.uk

The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer

Posted November 22nd, 2021 in appeals, disciplinary procedures, employment, employment tribunals, local government, news, professional conduct, unfair dismissal by tracey

‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

Posted November 22nd, 2021 in children, education, families, judicial review, local government, news, school children, statutory duty by tracey

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

Posted November 22nd, 2021 in compensation, damages, employment, employment tribunals, equality, law firms, news, race discrimination, racism, solicitors by tracey

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

Posted November 22nd, 2021 in appeals, demonstrations, freedom of expression, human rights, news, proscribed organisations, strict liability, Supreme Court by tracey

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Colin Pitchfork: Double child killer arrested and recalled to prison two months after release – The Independent

Posted November 22nd, 2021 in children, murder, news, parole, prisons, probation, rape, sexual offences by tracey

‘Colin Pitchfork has been arrested and sent back to prison just two months after being released, the Ministry of Justice (MoJ) announced on Friday. He was let out in September after spending 33 years in jail for murdering two teenage girls in the 1980s.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Grandmother given restraining order for refusing to stop feeding ‘sad’ horse – The Independent

Posted November 22nd, 2021 in animals, harassment, news, restraining orders, sentencing by tracey

‘A grandmother has been convicted of harassment for feeding a retired racehorse that she thought was being neglected.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Home Office ‘covering up’ its own study of why refugees come to the UK – The Guardian

Posted November 22nd, 2021 in asylum, bills, charities, government departments, immigration, news, refugees by tracey

‘The Home Office is covering up its own research into why refugees and asylum seekers travel to the UK because ministers “know their arguments don’t stand up,” charities claim.’

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The Guardian, 20th November 2021

Source: www.theguardian.com

Zane Gbangbola: Landfill concerns raised before flood death – BBC News

Posted November 22nd, 2021 in accidents, bereavement, causing death of children or vulnerable adults, children, environmental health, families, inquests, local government, news, waste by tracey

‘Concerns were raised in 2010 over a former landfill site which later became the focus of a dispute over a seven-year-old’s death, it has emerged.’

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BBC news, 22nd November 2021

Source: www.bbc.co.uk