Day: 15 November 2024

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Privilege series part 1: Privilege in shareholder disputes – is change afoot? – Kingsley Napley Immigration Blog

Posted November 15th, 2024 in chambers articles, dispute resolution, news, privilege, shareholders by sally

‘For over a century, it has been a well-established rule that a company cannot claim legal privilege against its own shareholders (Woodhouse & Co. Ltd v Woodhouse). This grants shareholders the right to access legal advice obtained by the company concerning its affairs. However, there is a recognised exception to this rule: if the legal advice pertains to actual or anticipated litigation between the company and the shareholder, the company can claim privilege.’

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Kingsley Napley Immigration Blog, 14th November 2024

Source: www.kingsleynapley.co.uk

Some issues in the law of adverse possession: The problem of multiple squatters – Falcon Chambers

Posted November 15th, 2024 in adverse possession, chambers articles, news, squatting by sally

‘Exclusive possession, we are told, is single and indivisible. The mere fact of possession (as opposed to a vested right to possess in the form of a fee simple or a lease) generates a title in English law generates a form of title which can be vindicated in the English courts against anyone with a relatively weaker title: Asher v Whitlock (1865) L.R. 1 Q.B. 1, which has in recent times (somewhat controversially) been extended to licensees whose interests amount to something less than an estate in land but whose cumulative rights look like possession: Manchester Airport v Dutton [2000] 1 Q.B. 133.’

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Falcon Chambers, 31st October 2024

Source: www.falcon-chambers.com

Campaigners eye second legal challenge over traffic regulation order – Local Government Lawyer

Posted November 15th, 2024 in local government, news, roads by sally

‘Work is progressing on a bus gate project in Cambridge despite campaign group Friends of Mill Road Bridge 2 threatening further legal action over what it said was a decision taken for an improper financial motive.’

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Local Government Lawyer, 13th November 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

Posted November 15th, 2024 in appeals, employment, employment tribunals, news, pensions, rectification, Supreme Court, trade unions by sally

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

Posted November 15th, 2024 in appeals, benefits, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news by sally

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

Review of litigation funding in England leads to consultation on future regulation – OUT-LAW.com

Posted November 15th, 2024 in civil justice, consultations, news, third parties by sally

‘Businesses with experience of third-party litigation funding (TPF) in England and Wales have the chance to respond to a government-backed consultation and help shape the future regulation of this market.’

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OUT-LAW.com. 14th November 2024

Source: www.pinsentmasons.com

Tory pair backed ‘rushed and misjudged’ asylum site purchase, watchdog says

Posted November 15th, 2024 in asylum, government departments, immigration, news, select committees by sally

‘Leading Tories Robert Jenrick and Oliver Dowden were on the committee that backed plans for the “rushed and misjudged” £15m purchase of an asbestos-ridden site for asylum accommodation, Whitehall’s spending watchdog has disclosed.’

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The Guardian, 15th November 2024

Source: www.theguardian.com

FCA urges Supreme Court to act quickly over car finance mis-selling – Legal Futures

Posted November 15th, 2024 in appeals, consumer credit, consumer protection, news, Supreme Court by sally

‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk