‘The Court of Justice of the European Union will in the next fortnight hand down a crucial ruling on local authorities’ ability to charge for access to property search information, it has been reported.’
Local Government Lawyer, 23rd September 2015
Source: www.localgovernmentlawyer.co.uk
‘A planning inspector was wrong to stop a UK company from expanding its premises into the green belt, the High Court in the UK has said.’
OUT-LAW.com, 11th August 2015
Source: www.out-law.com
Dawson-Damer and others v Taylor Wessing LLP and others [2015] EWHC 2366 (Ch); [2015] WLR (D) 361
‘The purpose of section 7 of the Data Protection Act 1998 entitling an individual to have access to information in the form of his “personal data” was to enable him to check whether the data controller’s processing of it unlawfully infringed his privacy and, if so, to take such steps as the Act provided, to protect it. It was no part of its purpose to enable the individual to obtain discovery of documents that might assist him in litigation or complaints against third parties.’
WLR Daily, 6th August 2015
Source: www.iclr.co.uk
‘It is up to the directors of an insolvent company to prove that they took “every step” to minimise the potential loss to creditors as soon as they knew that the company could not reasonably avoid liquidation, the High Court has confirmed.’
OUT-LAW.com, 7th August 2015
Source: www.out-law.com
‘A district council has defeated a judicial review challenge over its decision to warn a racecourse owner of “a substantial risk of unlawful activity” taking place at a meeting of private breeders of reptiles and amphibians.’
Local Government Lawyer, 4th August 2015
Source: www.localgovernmentlawyer.co.uk
‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’
Nearly Legal, 1st August 2015
Source: www.nearlylegal.co.uk
‘Tenants of a holiday park will ultimately be obliged to pay over £1m a year per chalet, after the Supreme Court endorsed leases in which the service charge increases by 10% a year – regardless of the actual costs of providing those services.
Henderson Chambers, 16th June 2015
Source: www.hendersonchambers.co.uk
‘The element of chance in a computerised slot machine connected to a separate random number generator (RNG) was still “provided by means of the machine” for the purposes of VAT legislation, meaning that the takings from that machine were subject to VAT, the UK’s highest court has confirmed.’
OUT-LAW.com, 10th July 2015
Source: www.out-law.com
Rank Group plc v Revenue and Customs Comrs: [2015] UKSC 48; [2015] WLR (D) 299
‘Slot machines operating through multi-terminal systems in which random number generators (“RNGs”) were housed separately from the terminals were to be treated as composite machines providing players with an element of chance in the game within the meaning of section 26 of the Gaming Act 1968 and Group 4, item 1, note (3) of Schedule 9 to the Value Added Tax Act 1994. The takings from such machines were, accordingly, not exempt but liable to value added tax.’
WLR Daily, 8th July 2015
Source: www.iclr.co.uk
‘The Supreme Court has rejected a Court of Appeal ruling on who has financial responsibility for the care of an adult with physical and learning disabilities, instead ruling that the local authority initially responsible for meeting his needs as a child should be responsible for his care after the age of 18.’
Local Government Lawyer, 9th July 2015
Source: www.localgovernmentlawyer.co.uk
‘The way numerical ranges used to limit the scope of a patent claim should be interpreted has been clarified by the Court of Appeal in London.’
OUT-LAW.com, 25th June 2015
Source: www.out-law.com
‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’
Family Law Week, 22nd June 2015
Source: www.familylawweek.co.uk
‘Personal rights against a trustee, which were rights that any beneficiary, under any trust, would have to compel the trustee to administer that trust properly, did not fall within the definition of a “non-cash asset” under section 739 of the Companies Act 1985. Section 320(1)(a) of the 1985 Act was not intended by Parliament to apply to the rights or interests of the director himself, whatever they might be, when the non-cash asset was held in trust for him by someone other than the company itself.’
WLR Daily, 22nd May 2015
Source: www.iclr.co.uk
‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’
Free Movement, 29th April 2015
Source: www.freemovement.org.uk
‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
‘Companies that take issue with the way public bodies tender for or award contracts have up to seven days to serve a claim form after it has been issued, a High Court judge has confirmed.’
OUT-LAW.com, 27th March 2015
Source: www.out-law.com
‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’
Full story
UK Human Rights Blog, 22nd March 2015
Source: www.ukhumanrightsblog.com
‘A local authority is entitled to the costs protection conferred on claimants in Aarhus Convention claims, the Court of Appeal has ruled.’
Local Government Lawyer, 13th March 2015
Source: www.localgovernmentlawyer.co.uk
‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
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