Barrister who halved suspension on appeal refused costs against BSB – Legal Futures

Posted December 5th, 2023 in appeals, barristers, costs, disciplinary procedures, news by sally

‘The High Court has refused to order costs in favour of a barrister who successfully reduced the suspension imposed on him for recklessly misleading the Court of Appeal.’

Full Story

Legal Futures, 5th December 2023

Source: www.legalfutures.co.uk

Saying you are broke isn’t enough to avoid a duty – suitable accommodation and resources – Nearly Legal

Posted December 4th, 2023 in appeals, budgets, housing, landlord & tenant, local government, news, statutory duty by tracey

‘Imam, R (on the application of) v London Borough of Croydon (2023) UKSC 45. This is the long awaited Supreme Court decision in Imam v Croydon on what conditions a court should have regard to in deciding whether to make a mandatory order that the local authority comply with its section 193(2) Housing Act 1996 duty to provide suitable accommodation. At first instance, Croydon have avoided a mandatory order, despite Ms Imam having been in what was acknowledged to be unsuitable accommodation for what was then 5 years, in part on the basis of a fairly general assertion that LB Croydon had no suitable houses and no money (our note here). This was reversed by the Court of Appeal (our note here), which held that a pleading of lack of resources would have to be demonstrated in detail, with evidence of steps taken, before a court would accept this as a reason not to make a mandatory order.’

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Nearly Legal, 3rd December 2023

Source: nearlylegal.co.uk

Ruling provides for mediation in midst of litigation in England – OUT-LAW.com

Posted December 4th, 2023 in appeals, dispute resolution, news, stay of proceedings by tracey

‘A new ruling should encourage more organisations to seek to resolve their disputes out-of-court via mediation or other alternative dispute resolution (ADR) procedures, according to experts in dispute resolution.’

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OUT-LAW.com, 1st December 2023

Source: www.pinsentmasons.com

Supreme Court puts conditions on injunctions against travellers – OUT-LAW.com

Posted December 4th, 2023 in appeals, disclosure, injunctions, local government, news, Supreme Court, travellers by tracey

‘Local authorities in England seeking court injunctions to prohibit unauthorised encampments on land they own must disclose to the courts any arguments gypsies and travellers might raise in opposition to their applications, the UK Supreme Court has ruled.’

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OUT-LAW.com, 4th December 2023

Source: www.pinsentmasons.com

Lord Sales, Exploring the Interface Between the Common Law of Tort and Statute Law – Supreme Court

Posted December 4th, 2023 in duty of care, judges, news, personal injuries, Supreme Court by tracey

‘Annual Richard Davies Lecture for the Personal Injuries Bar Association, 29 November 2023.’

Full speech

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Supreme Court, 29th November 2023

Source: www.supremecourt.uk

Lord Reed, Oral Hearings in the United Kingdom Courts: Past, Present and Future – Supreme Court

Posted December 4th, 2023 in judges, news, oral hearings, Supreme Court by tracey

‘The Rt Hon The Lord Reed of Allermuir, President of the Supreme Court of the United Kingdom – Oral Hearings in the United Kingdom Courts: Past, Present and Future
Legal Training and Research Institute of Japan, 29 November 2023’

Full speech

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Supreme Court, 29th November 2023

Source: www.supremecourt.uk

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

High Court strikes out top footballer’s negligence claim against law firm – Legal Futures

Posted December 4th, 2023 in causation, company directors, damages, law firms, loans, negligence, news by tracey

‘The High Court has struck out a £6m negligence claim brought by a former Premier League footballer against City firm Charles Russell Speechleys (CRS).’

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Legal Futures, 4th December 2023

Source: www.legalfutures.co.uk

Dog owner fined for chopping down historic apple trees ‘making pet sick and attracting wasps’ – The Independent

Posted December 4th, 2023 in environmental protection, fines, local government, news, trees by tracey

‘A dog owner illegally chopped down three apple trees in his back garden because he said the fallen fruit was making his pet sick and attracting wasps.’

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The Independent, 2nd December 2023

Source: www.independent.co.uk

Migrant fruit picker who ‘struggled to buy food after being underpaid by British farm’ sues employers – The Independent

‘A migrant fruit picker is suing a British farm in a landmark employment tribunal over claims she was underpaid, worked six-day weeks and had to buy her own protective equipment.’

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The Independent, 3rd December 2023

Source: www.independent.co.uk

James Dyson loses libel claim against Daily Mirror publisher – The Guardian

Posted December 4th, 2023 in brexit, defamation, freedom of expression, media, news by tracey

‘Sir James Dyson has lost his libel claim against the publisher of the Daily Mirror after a columnist at the newspaper stated that he had “championed Vote Leave … before moving his global head office to Singapore”.’

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The Guardian, 1st December 2023

Source: www.theguardian.com

Cardiff: 32 years jail for North Road van driver murder – BBC News

Posted December 4th, 2023 in imprisonment, murder, news, robbery, sentencing by tracey

‘A robber who murdered a parcel delivery driver with his own van has been jailed for life.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

Rugby concussion: Wales’ Henson and Charvis named in lawsuit – BBC News

Posted December 4th, 2023 in case management, class actions, damages, health & safety, news, personal injuries, sport by tracey

‘Former Wales stars Gavin Henson and Colin Charvis are among 295 ex-players suing the rugby authorities over brain injuries, it has emerged. The High Court heard on Friday that an application for the cases to be heard collectively would be made next year.’

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BBC News, 2nd December 2023

Source: www.bbc.co.uk

Mayor of London’s decision to reject plan for Las Vegas-style giant sphere to be reviewed – The Independent

Posted December 4th, 2023 in government departments, housing, local government, London, news, nuisance, planning by tracey

‘London Mayor Sadiq Khan‘s decision to reject planning permission for a huge Las Vegas-style entertainment venue is to be reviewed by ministers. The housing secretary Michael Gove has opted to use his powers to “call in” the rejection of the 21,000-capacity, 300ft-tall MSG sphere to decide whether it should stand.’

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The Independent, 3rd December 2023

Source: www.independent.co.uk

Chris Packham launches legal challenge over UK’s watering down of climate policies – The Guardian

‘Chris Packham has filed a high court legal challenge to the UK government over its decision to weaken key climate policies.’

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The Guardian, 4th December 2023

Source: www.theguardian.com

A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2023 in legislation by tracey

SI 2023/1273 – The Financial Services and Markets Act 2023 (Panel Remuneration and Reports) Regulations 2023

SI 2023/1270 – The State Pension Debits and Credits (Revaluation) Order 2023

SI 2023/1269 – The State Pension Revaluation for Transitional Pensions Order 2023

SI 2023/1254 – The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2023

SI 2023/1281 – The Public Order Act 2023 (Commencement No. 2) (England and Wales) Regulations 2023

SI 2023/1286 – The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

SI 2023/1279 – The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2023

SI 2023/1283 – The Carer’s Leave Act 2023 (Commencement) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 1st, 2023 in law reports by tracey

Supreme Court

Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors [2023] UKSC 47 (29 November 2023)

TUI UK Ltd v Griffiths [2023] UKSC 48 (29 November 2023)

Imam, R (on the application of) v London Borough of Croydon [2023] UKSC 45 (28 November 2023)

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023)

Court of Appeal (Civil Division)

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (29 November 2023)

Humphrey & Anor v Bennett [2023] EWCA Civ 1433 (29 November 2023)

Court of Appeal (Criminal Division)

Wiseman v Rex [2023] EWCA Crim 1363 (29 November 2023)

High Court (Administrative Court)

Elliott Associates LP & Anor, R (On the Application Of) v The London Metal Exchange & Anor [2023] EWHC 2969 (Admin) (29 November 2023)

Adan, R (On the Application Of) v The Secretary of State for Justice [2023] EWHC 3059 (Admin) (29 November 2023)

Newcastle United Football Company Ltd v Revenue & Customs [2023] EWHC 3021 (Admin) (29 November 2023)

Total Sprint Ltd v Swale Borough Council [2023] EWHC 2968 (Admin) (29 November 2023)

Suez Recycling And Recovery UK Ltd, R (On the Application Of) v Environment Agency [2023] EWHC 3012 (Admin) (28 November 2023)

House & Anor v Waverley Borough Council & Anor [2023] EWHC 3011 (Admin) (28 November 2023)

Kent County Council, R. (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin) (28 November 2023)

High Court (Chancery Division)

Lehman Brothers Holdings Plc, Re [2023] EWHC 3056 (Ch) (29 November 2023)

Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd & Ors [2023] EWHC 3057 (Ch) (28 November 2023)

High Court (Commercial Court)

Canon Medical Systems Ltd v The Imaging Centre Assets Ltd & Ors [2023] EWHC 3007 (Comm) (30 November 2023)

Gordiy v Dorofejeva & Anor [2023] EWHC 3036 (Comm) (29 November 2023)

Infinity Reliance Ltd (t/a My 1st Years) v Heath Crawford Ltd [2023] EWHC 3022 (Comm) (28 November 2023)

High Court (King’s Bench Division)

Payone GmbH v Logo [2023] EWHC 3038 (KB) (30 November 2023)

Price v Newsquest Media Group Ltd [2023] EWHC 3027 (KB) (29 November 2023)

Source: www.bailii.org

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

Full Story

Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Biodiversity net gain and planning permission – Local Government Lawyer

‘A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.’

Full Story

Local Government Lawyer, 1st December 2023

Source: www.localgovernmentlawyer.co.uk