Parents win fresh hearing of claim of failure to make reasonable adjustments to delivery of curriculum – Local Government Lawyer

‘The First Tier Tribunal “materially erred in law” in its determination of reasonable adjustments claims brought by parents in relation to their daughter.’

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Local Government Lawyer, 7th June 2024

Source: www.localgovernmentlawyer.co.uk

Prince Harry wins right to appeal against security ruling – The Guardian

Posted June 7th, 2024 in appeals, news, police, royal family, security companies by sally

‘The Duke of Sussex has been granted permission to appeal against the dismissal of his high court challenge over a change to his level of personal security when he visits the UK.’

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The Guardian, 6th June 2024

Source: www.theguardian.com

Council begins demolition of “man cave” at centre of long-running planning enforcement battle

‘Forest of Dean District Council has started to demolish and remove a 10,000 soft cinema and bowling alley built without permission in a lengthy case that has seen a man jailed.’

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Local Government Lawyer, 6th June 2024

Source: www.localgovernmentlawyer.co.uk

Section 23 Care Act and a need for accommodation – Nearly Legal

‘Campbell, R (On the Application Of) v London Borough of Ealing (2024) EWCA Civ 540. This was an appeal from a judicial review of Ealing’s decision in May 2022 to end funding for Mr Campbell’s temporary bed and breakfast accommodation that had been provided by Social Services since 2016. Mr C had been placed in temporary accommodation in Ealing’s area by LB Hillingdon under Part VII Housing Act 1996. Hillingdon then apparently discharged duty. Ealing Social Services then took over funding the accommodation (and various subsequent temporary accommodation) on, they said, the basis that it was “exercising its statutory power under s.19(3) Care Act 2014 to provide care and support in the form of accommodation pending a needs assessment”.’

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Nearly Legal, 28th May 2024

Source: nearlylegal.co.uk

The Courts and Mediation – a settled position? – Local Government Lawyer

‘Late last year, a Court of Appeal decision on alternative dispute resolution highlighted the significant role that mediation can play in successfully resolving disputes, write Sophie McCabe, Rachel Murray-Smith and Helen Arthur.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

“All cases are unique, and very similar to others” [1] – Local Government Lawyer

Posted May 29th, 2024 in appeals, employment, employment tribunals, local government, news by tracey

‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal

‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’

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Financial Remedies Journal, 28th May 2024

Source: financialremediesjournal.com

Judge orders child to see mum accused of sex abuse – BBC News

‘A judge in Liverpool ordered social services to arrange face-to-face contact between a “scared” toddler and a mother charged with sexually abusing her, a court has heard.’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

First trader to be jailed for rate rigging will go to the Supreme Court to clear his name – The Independent

Posted May 22nd, 2024 in appeals, banking, conspiracy, fraud, news, rates, Supreme Court by sally

‘The first trader jailed worldwide for Libor interest rate rigging has been left with a possible route clear his name, despite being refused permission to appeal against his conviction at the UK’s Supreme Court.’

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The Independent, 21st May 2024

Source: www.independent.co.uk

Court of Appeal issues ruling on evidential value and reliability of hair strand drug testing – Local Government Lawyer

Posted May 22nd, 2024 in appeals, care orders, children, families, local government, news by sally

‘The Court of Appeal has allowed an appeal against a judge’s decision to authorise the removal of three children from the care of their maternal grandmother and uncle, which was largely based upon three sets of hair strand testing reports.’

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Local Government Lawyer, 21st May 2024

Source: www.localgovernmentlawyer.co.uk

Disavowing an Implied Term of Fairness – Industrial Law Journal

‘In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.’

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Industrial Law Journal, 13th May 2024

Source: academic.oup.com

Sophie Phillips’ case comments on Birmingham City Council v Bravington [2023] EWCA Civ 308 – Park Square Barristers

Posted May 22nd, 2024 in appeals, chambers articles, housing, local government, news, repossession by sally

‘The Court of Appeal has recently held that local authorities are able to rely on section 233 of the Local Government Act 1972 (“the 1972 Act”) when serving a notice seeking possession under section 83ZA of the Housing Act 1985 (“the 1985 Act”). Service will be deemed valid even if the tenant does not receive the notice but where it has been found to be served in accordance with the aforementioned provisions.’

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Park Square Barristers, 2nd April 2024

Source: www.parksquarebarristers.co.uk

Assange wins right to challenge US extradition – BBC News

Posted May 21st, 2024 in appeals, extradition, freedom of expression, news by sally

‘Wikileaks founder Julian Assange can bring a new appeal against extradition to the US, the High Court has ruled.’

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BBC News, 20th May 2024

Source: www.bbc.co.uk

Employees and mental health – Local Government Lawyer

‘Do you have to excuse poor behaviour from an employee with a mental health problem? That was the issue the tribunal had to decide in a recent case, reports Jo Moseley.’

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Local Government Lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Lay evidence in fact-finding hearings – Local Government lawyer

‘A recent decision by the Court of Appeal serves as a reminder of the importance in fact-finding hearings of the evidence of lay parties being considered alongside that given by medical experts, writes Matthew Fiddy.’

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Local Government lawyer, 17th May 2024

Source: www.localgovernmentlawyer.co.uk

Council not liable for Japanese knotweed damage – OUT-LAW.com

Posted May 20th, 2024 in appeals, causation, damages, local government, news, nuisance, Supreme Court by tracey

‘A recent UK Supreme Court ruling clearly sets out the parameters of the law of private nuisance claims in the context of Japanese knotweed, clarifying the nature and extent of evidence needed to enable a claim to succeed, an expert has said.’

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OUT-LAW.com, 17th May 2024

Source: www.pinsentmasons.com

Limits on director liability for trade mark infringement confirmed in the UK – OUT-LAW.com

‘Directors of companies that infringe trade marks can only be held personally liable as an accessory to that infringement in the UK if they know that what their company was doing amounted to trade mark infringement, the UK’s highest court has confirmed.’

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OUT-LAW.com, 15th May 2024

Source: www.pinsentmasons.com

High Court rejects SRA appeal against £75,000 costs order – Legal Futures

‘The High Court has rejected the Solicitors Regulation Authority’s (SRA) appeal against a £75,000 costs order made after its failed prosecution of a solicitor.’

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Legal Futures, 20th May 2024

Source: www.legalfutures.co.uk

Non-fatal strangulation and suffocation offences: proposed sentencing guideline published – Sentencing Council

Posted May 17th, 2024 in appeals, consultations, domestic violence, news, sentencing by sally

‘A draft sentencing guideline for sentencing offenders convicted of non-fatal strangulation and non-fatal suffocation offences in courts across England and Wales, was published for consultation by the Sentencing Council today.’

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Sentencing Council, 15th May 2024

Source: www.sentencingcouncil.org.uk

High Court judge finds decision by planning inspector that appeal was not properly made was wrong – Local Government Lawyer

‘An inspector failed to properly consider the position of a company that had entered liquidation while pursuing a planning appeal, the High Court has found.’

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Local Government Lawyer, 16th May 2024

Source: www.localgovernmentlawyer.co.uk