‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’
Local Government Lawyer, 25th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A man who argued health and safety legislation should “reign supreme” over the Freedom of Information (FOI) Act 2000 in an appeal of South Kesteven District Council’s refusal of an FOI request has had his appeal dismissed by the First Tier Tribunal (FTT).’
Local Government Lawyer, 24th June 2024
Source: www.localgovernmentlawyer.co.uk
‘A unanimous Supreme Court reversed the Court of Appeal’s and High Court’s decision to strike out the libel claim as an abuse of process.’
5RB, 20th June 2024
Source: www.5rb.com
‘When deciding whether to grant planning consent for development, the Environmental Impact Assessment (EIA) should consider the downstream, indirect greenhouse gas emissions effects of the development in some cases, the UK Supreme Court has ruled, demonstrating a significant development for environmental law.’
OUT-LAW.com, 20th June 2024
Source: www.pinsentmasons.com
‘In Clarke v Chief Constable of Derbyshire Constabulary [2024] EWCA Civ 676, the Court of Appeal had to consider whether the employment tribunal has jurisdiction under the Equality Act 2010 to determine whether the payment of a disablement gratuity to a former police officer gives rise to unlawful discrimination, which turned on whether the gratuity constituted an “occupational pension scheme” within the meaning of s.1 of the Pension Schemes Act 1993.’
Pensions Barrister, 20th June 2024
Source: www.pensionsbarrister.com
‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’
Local Government Lawyer, 21st June 2024
Source: www.localgovernmentlawyer.co.uk
‘If an application for asylum is refused, the applicant can appeal to the First-tier Tribunal. The latest tribunal statistics show a sharp increase in the number of asylum appeals lodged in the tribunal.’
UK Constitutional Law Association, 19th June 2024
Source: ukconstitutionallaw.org
‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’
Constitutional Law Association, 13th June 2024
Source: ukconstitutionallaw.org
‘Grace Khaile considers two recent High Court judgments on the procedure of prosecution appeals against bail.’
Mountford Chambers, 13th May 2024
Source: www.mountfordchambers.com
‘East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.’
Local Government Lawyer, 14th June 2024
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court will next week (20 June) hand down its ruling in a landmark case about environmental impact assessments and downstream greenhouse gas emissions.’
Local Government Lawyer, 13th June 2024
Source: www.localgovernmentlawyer.co.uk
‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘In Northamber PLC v Genee World Ltd & Ors (Rev1) [2024] EWCA Civ 428, the Court of Appeal considered the costs consequences for parties who remain silent in the face of an offer to mediate. What the High Court described as a “half-hearted attempt” the Court of Appeal has rebranded a “clear offer to mediate”. On costs, the Judge erred in failing to consider: (i) that the defendants’ silence constituted unreasonable conduct, and (ii) breaches of a previous order requiring any party not engaging in ADR offered by the other side to serve a witness statement setting out reasons for the refusal.’
Gatehouse Chambers, 30th May 2024
Source: gatehouselaw.co.uk
‘A High Court judge has been given a formal warning after it emerged that he had seen and commented on an independent assessment written for his application to join the Court of Appeal.’
Legal Futures, 13th June 2024
Source: www.legalfutures.co.uk
‘A contractual notice of claim for breach of warranty under an SPA set out a legally flawed measure of loss. The Particulars of Claim follow suit. Can the Particulars then be amended to plead the correct measure? Or is the deficient notice fatal to the whole claim?’
Littleton Chambers, 24th May 2024
Source: littletonchambers.com
‘This short article focuses upon the Court of Appeal’s recent decision in the case of Re H (A Child: Domestic Abuse) 2024 EWCA Civ 326 in which it considered the father’s appeal against a child arrangements order under which he was to have no face to face contact with his 3 year old son for an indefinite period of time.’
Becket Chambers, 7th May 2024
Source: becket-chambers.co.uk
‘Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314. This was a second appeal to the court of appeal from a s.204 appeal of a decision on suitability of accommodation offered to Mr Querino in discharge of homeless duty.’
Nearly Legal, 9th June 2024
Source: nearlylegal.co.uk
‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’
Nearly Legal, 9th June 2024
Source: nearlylegal.co.uk
‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’
Local Government Lawyer, 7th June 2024
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024