Local authority prosecutions and abuse of process – Local Government Lawyer

Posted August 12th, 2024 in abuse of position of trust, licensing, local government, news, prosecutions by sally

‘Recorder Zeb, sitting with two Justices in the Bristol Crown Court on appeal, recently found Bristol City Council had behaved in a way which “offends the sense of justice and fairness” in a prosecution against Wyldecrest Park Management Limited. Scott Stemp explains why.’

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Local Government Lawyer, 9th August 2024

Source: www.localgovernmentlawyer.co.uk

Housing case law update – June & July 2024 – Local Government Lawyer

‘Karen Smith, Sarah Christy and Emily Howe round up the latest cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 7th August 2024

Source: www.localgovernmentlawyer.co.uk

Obstruction of the highway – Local Government Lawyer

Posted August 2nd, 2024 in licensing, local government, news, roads, statutory duty by michael

‘Highway authorities have a statutory duty to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority (Section 130 of the Highways Act 1980) and part of this statutory duty is to try to prevent obstruction of highways.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

Court of Appeal expresses “cautious concern” for both parties and judges in commercial cases – Gatehouse Chambers

Posted July 31st, 2024 in agreements, chambers articles, licensing, news, trade marks, trade names by sally

‘The Court of Appeal has upheld the decision of the Commercial Court in Virgin Aviation TM Ltd & Anor v Alaska Airlines Inc (Formerly Virgin America Inc) [2024] EWCA Civ 622, the trial of which took 5 days and involved extensive expert evidence, on the question of the proper interpretation of provisions in a licensing agreement relating to royalty payments.’

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Gatehouse Chambers, 4th July 2024

Source: gatehouselaw.co.uk

Alcatel Lucent SAS and ors v Amazon Digital UK Ltd and ors – Blackstone Chambers

Posted July 31st, 2024 in chambers articles, injunctions, jurisdiction, licensing, news by sally

‘The High Court has issued a judgment upholding the English courts’ jurisdiction and ordering an expedited RAND trial in a significant dispute between Nokia and Amazon.’

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Blackstone Chambers, 26th July 2024

Source: www.blackstonechambers.com

Remote licensing hearings – Law Society’s Gazette

Posted July 29th, 2024 in licensing, local government, news, remote hearings by sally

‘On 28 April 2021 (in R (Hertfordshire County Council) v Secretary of State for Housing, Communities and Local Government [2021] EWHC 1093 (Admin)) (Hertfordshire), Dame Victoria Sharp P and Chamberlain J considered whether the reference to a ‘meeting’ in schedule 12 to the Local Government Act 1972 (Meetings and Proceedings of Local Authorities) could include a meeting conducted wholly or partly remotely. The court decided it could not. ‘The question for us,’ they remarked, ‘is not what “meeting” means in the abstract, or in some other context, but what it means in the particular statutory context of schedule 12 to the 1972 act’, which needed to be read as a whole. Schedule 12 (among other things) included obligations to hold the meeting ‘at such place, either within or without their area’ as a principal council, parish council or community council may direct. Consequently, ‘a “place within or without the area” is most naturally interpreted as a reference to a particular geographical location and would not naturally encompass an online location’. And: ‘Attending a meeting at a single specified geographical location would… ordinarily mean physically going to that location.’’

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Law Society's Gazette, 26th July 2024

Source: www.lawgazette.co.uk

Remote licensing hearings are lawful: High Court – Local Government Lawyer

Posted July 12th, 2024 in licensing, local government, news, remote hearings by sally

‘Councils can hold remote licensing hearings lawfully under the Licensing Act 2003, according to a ruling handed down today (11 July) by the High Court.’

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Local Government Lawyer, 11th July 2024

Source: www.localgovernmentlawyer.co.uk

Councillor who sold puppies without licence handed £50k confiscation order – Local Government Lawyer

Posted June 19th, 2024 in animals, confiscation, licensing, local government, news, proceeds of crime by sally

‘A councillor in Gloucester has been ordered to pay £49,823.36 for selling puppies without a licence.’

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Local Government Lawyer, 18th June 2024

Source: www.localgovernmentlawyer.co.uk

Oceans group takes UK government to court over oil and gas licences – The Guardian

‘A marine conservation group has initiated legal action against the UK government, claiming the Conservatives’ decision to issue North Sea oil and gas licences without taking into account their impact on the environment was unlawful.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Magistrates’ court rejects appeal over revocation of private hire licence – Local Government Lawyer

Posted June 14th, 2024 in appeals, licensing, local government, magistrates, news, taxis by sally

‘East Cambridgeshire District Council has successfully defended a driver’s appeal over the revocation of a private hire and hackney carriage licence.’

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Local Government Lawyer, 14th June 2024

Source: www.localgovernmentlawyer.co.uk

Street trader wins appeal over conviction for trading without a licence – Local Government Lawyer

‘A man who sold goods in the streets of Birmingham did not break the law as he was protected under an 1871 act by being a pedlar, the High Court has found.’

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Local Government Lawyer, 12th June 2024

Source: www.localgovernmentlawyer.co.uk

Revocation of sponsor licence without providing a meaningful opportunity to respond is unlawful – EIN Blog

‘R (New Hope Care Ltd) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024). In these judicial review proceedings, David Pievsky KC held that the SSHD’s decision to revoke New Hope Care Ltd’s sponsor licence without first providing it a meaningful opportunity to respond was unlawful. It was inconsistent with published policy, contrary to legitimate expectation, and procedurally unfair at common law. New Hope Care is a large business which provides care services to individuals in need.’

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EIN Blog, 10th June 2024

Source: www.ein.org.uk

Costs order was ‘fair’ where barrister forgot to renew his practising certificate, High Court judge finds – Law Society’s Gazette

‘Restricting the recovery of a barrister’s fees to work done while he held a practising certificate was not unfair, the High Court judge has ruled.’

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Law Society's Gazette, 28th May 2024

Source: www.lawgazette.co.uk

Council had no duty to prevent psychiatric harm – Law Society’s Gazette

‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’

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Law Society's Gazette, 2nd May 2024

Source: www.lawgazette.co.uk

Uber faces £250m London black cab drivers case – BBC News

Posted May 2nd, 2024 in class actions, computer programs, licensing, London, news, taxis by sally

‘Uber is facing a multi-million pound legal case being brought on behalf of almost 11,000 London black cab drivers, in the latest challenge to the firm in the UK capital.’

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BBC News, 2nd May 2024

Source: www.bbc.co.uk

Newport loan shark, 83, ordered to repay £173,000 – BBC News

‘An 83-year-old loan shark has been ordered to pay more than £173,000.’

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BBC News, 29th April 2024

Source: www.bbc.co.uk

Institute of Licensing: Darkest before the dawn: a manifesto for the night-time economy – 11KBW

Posted April 24th, 2024 in chambers articles, licensed premises, licensing, news by sally

‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’

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11KBW, 2nd April 2024

Source: www.11kbw.com

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by sally

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk