Vulnerable children left in home with damp and mould after complaint handling failures by city council, Ombudsman finds – Local Government Lawyer

‘The Housing Ombudsman has found severe maladministration from Stoke-on-Trent City Council for a lack of stage one complaint response on two separate occasions, which left a resident and her two vulnerable children in a home with damp and mould.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com

‘Game, Set-Aside and Match’: Applications To Set Aside Default Judgment and the Decision in FXF v English Karate Federation Ltd – Ropewalk Chambers

‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’

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Ropewalk Chambers, 28th July 2023

Source: ropewalk.co.uk

“Consent – does it matter?” – Karen Lennon and Oliver Latham discuss the decision of Knowles J in F v M and the approach to rape allegations in Family Law proceedings – Park Square Barristers

‘In March 2021, the Court of Appeal handed down its now oft cited decision in Re HN [2021] EWCA Civ 448. That case is famous amongst family lawyers as the architect of the modern approach to umbrella allegations of coercive and controlling behaviour. The focus of this article however is on sexual abuse allegations, in particular those of rape.’

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Park Square Barristers, 11th July 2023

Source: www.parksquarebarristers.co.uk

Campaigner given green light to appeal High Court ruling over Department for Transport guidance on tactile paving and kerb heights – Local Government Lawyer

Posted August 17th, 2023 in appeals, consultations, disabled persons, dogs, footpaths, news, roads by sally

‘The Court of Appeal has granted a disability rights campaigner permission to appeal in her ongoing legal challenge against the Secretary of State for Transport regarding guidance on the use of tactile paving.’

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Local Government Lawyer, 15th August 2023

Source: www.localgovernmentlawyer.co.uk

Consultation on Permitted Development: Relaxing the Rules – 4-5 Gray’s Inn Square

‘On Monday 24 July 2023, the Secretary of State for Levelling Up, Housing and Communities, Michael Gove, announced new proposals from the Government to support housing development.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

UK sustainability disclosure standards expected by July 2024 – OUT-LAW.com

‘New UK sustainability corporate disclosure standards are expected to be endorsed by the UK government by July 2024.’

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OUT-LAW.com, 16th August 2023

Source: www.pinsentmasons.com

Anti-racist judges need to “speak out” and counsel must challenge bench – Legal Futures

Posted August 17th, 2023 in barristers, judiciary, news, racism by sally

‘Judges needed to “speak out” over racism in the judiciary and counsel should challenge the bench when they witness it, two leading barristers have argued.’

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Legal Futures, 17th August 2023

Source: www.legalfutures.co.uk

‘An activist blob’: Tory party attacks on lawyers – a timeline – The Guardian

‘Critical language used to blame lawyers for thwarting immigration policy dates back to Boris Johnson era.’

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The Guardian, 16th August 2023

Source: www.theguardian.com

Fordham’s Ten Principles of the Duty of Candour in Judicial Review – Essex CAJI

Posted August 17th, 2023 in disclosure, equality, judicial review, news, police, remuneration by sally

‘The duty of candour is the pre-eminent procedural duty that governs the evidence base in judicial reviews. It requires all parties to assist the court with full and accurate explanations of all the facts relevant to the issue under review. The duty of candour is a common law duty. It has been helpfully summarised in several guides, including the Treasury Solicitor Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings (2010), which acts as practical guidance to government departments and lawyers, and the Administrative Court Judicial Review Guide 2022. What will be required of parties to meet their duty of candour is highly context sensitive. Public law litigants must, at each stage of proceedings, be aware of the information and documents which might be relevant. In many judicial reviews, say those that involve a challenge to an administrative decision made against an individual claimant, for which there is a clear and concise paper trail, compliance with the duty of candour will usually be straightforward. Candid disclosure is, however, a thornier task in complex judicial reviews, such as policy or systemic challenges, where there might be extensive and sensitive documents to potentially consider, sometimes stretching across multiple government departments.’

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Essex CAJI, 16th August 2023

Source: essexcaji.org