‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’
Park Square Barristers, 24th October 2019
Source: www.parksquarebarristers.co.uk
‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’
The Guardian, 12th September 2019
Source: www.theguardian.com
‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’
Litigation Futures, 3rd September 2019
Source: www.litigationfutures.com
‘The BBC reports that pro-life protesters have lost their legal challenge against the UK’s first buffer zone around an abortion clinic. Ealing Council implemented a 100-metre exclusion zone at the Marie Stopes centre last year after women complained of being intimidated. The Good Counsel Network, which holds vigils outside the clinic in Ealing, west London, denied harassing women. Three Court of Appeal judges dismissed the bid to overturn the ban on protests directly outside the facility.’
Law & Religion UK, 21st August 2019
Source: www.lawandreligionuk.com
‘Information commissioner says use of the technology must be “necessary and proportionate.”‘
The Guardian, 12th August 2019
Source: www.theguardian.com
‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’
Litigation Futures, 18th July 2019
Source: www.litigationfutures.com
‘A non-Jewish woman, Z, had four children, including a son with autism. She was at the top of Hackney Council’s list for a four-bedroom home in the area. The co-defendant, the Agudas Israel Housing Association (AIHA), was founded in 1986 to provide social housing for Orthodox Jews in north London: it does not accept applications from anyone outside the Orthodox community. Six four-bedroom properties owned by AIHA became available but Ms Z was not allowed to apply for one of them. She sought judicial review of that refusal, arguing that it was unlawful and discriminatory for the AIHA to refuse her a home. As we noted, in R (Z & Ors) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin), a Divisional Court dismissed her claim, holding that a Jewish housing association might legitimately refuse to rent houses to those who were not Orthodox Jews. Z appealed.’
Law & Religion UK, 5th July 2019
Source: www.lawandreligionuk.com
‘The Court of Appeal has rejected an appeal against a Divisional Court ruling that a charitable housing association’s arrangements for allocating housing, which amount to direct discrimination on the ground of religion, were lawful.’
Local Government Lawyer, 27th June 2019
Source: www.localgovernmentlawyer.co.uk
‘A woman has been fined £150 after feeding a bit of sausage roll to a pigeon.’
BBC News, 19th June 2019
Source: www.bbc.co.uk
‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’
Litigation Futures, June 2019
Source: www.litigationfutures.com
‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’
Nearly Legal, 28th May 2019
Source: nearlylegal.co.uk
‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’
Zenith PI Blog, 9th May 2019
Source: zenithpi.wordpress.com
‘The founder of Extinction Rebellion has been cleared by a jury of all charges relating to a protest against fossil fuels in what campaigners say is a historic moment for the climate justice movement.’
The Guardian, 9th May 2019
Source: www.theguardian.com
‘A police officer who rammed a suspected moped thief off his bike can keep his job because his actions were “reasonable”, a tribunal has ruled, as rank and file officers have attacked how he was treated.’
Daily Telegraph, 8th May 2019
Source: www.telegraph.co.uk
‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’
Local Government Lawyer, 29th April 2019
Source: www.localgovernmentlawyer.co.uk
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