Category: reasons

No necessity to arrest where person voluntarily attended police station – UK Police Law Blog

Posted May 1st, 2019 in appeals, detention, harassment, investigatory powers, news, police, reasons by tracey

‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’

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UK Police Law Blog, 30th April 2019

Source: ukpolicelawblog.com

‘Fresh eyes’ no explanation for late amendment, rules High Court – Law Society’s Gazette

Posted May 1st, 2019 in amendments, news, reasons by tracey

‘A High Court judge has refused a party permission to make significant amendments to their claim on the eve of the case coming to trial.’

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Law Society's Gazette, 30th April 2019

Source: www.lawgazette.co.uk

Judge warns veteran that PTSD is not a ‘get out of jail free card’ – Daily Telegraph

Posted April 24th, 2019 in armed forces, dangerous driving, drug abuse, drug offences, judges, mental health, news, post-traumatic stress disorder, reasons, road traffic offences, sentencing by sally

‘PTSD is not a “get out of jail free card”, a judge has warned as he jails a veteran who blamed his crimes on “harrowing” experiences in Afghanistan.’

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Daily Telegraph, 23rd April 2019

Source: www.telegraph.co.uk

No-fault divorce: Could it increase rates? – BBC News

Posted April 10th, 2019 in divorce, families, news, reasons, statistics by sally

‘The introduction of “no-fault divorce” in England and Wales could reduce the time it takes for many couples to end their marriages. But what could that mean for divorce rates?’

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BBC News, 10th April 2019

Source: www.bbc.co.uk

No Fault divorces: a new reality? – Family Law

Posted March 7th, 2019 in consultations, divorce, families, marriage, news, reasons by tracey

‘Following mounting criticism from campaigners, the UK could witness the arrival of ‘no-fault divorces’ in the coming months, writes LexisNexis’ Catherine Gleave. The government is preparing a consultation to review the current divorce system, with a view to introduce a reform offer to estranged couples and give them the opportunity to end their marriage without the acrimony of fault-finding divorce proceedings. With such monumental change on the horizon, we discuss the impact of no-fault divorces and make predictions about what the change could mean for the legal world.’

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Family Law, 6th March 2019

Source: www.familylaw.co.uk

SRA “not sufficiently transparent” in explaining decisions – Legal Futures

Posted January 16th, 2019 in Legal Services Board, news, quality assurance, reasons, solicitors, Solicitors Regulation Authority, standards by sally

‘The Solicitors Regulation Authority (SRA) is “not sufficiently transparent” in explaining its decisions at board level, the Legal Services Board (LSB) has said.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

Ministers will not scrap ‘reasonable grounds’ stop and search rule – The Guardian

Posted November 13th, 2018 in investigatory powers, news, police, reasons, stop and search, weapons by sally

‘The government has ruled out changing stop and search rules to allow police to use the power without reasonable grounds to suspect wrongdoing, while saying they want to “reduce bureaucracy” over such operations.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

Posted October 5th, 2018 in appeals, asylum, children, consultations, immigration, judicial review, local government, news, public interest, reasons by tracey

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

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UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

Section 21- Notices and the Possession Procedure – Hardwicke Chambers

Posted August 9th, 2018 in landlord & tenant, news, notification, reasons, repossession by sally

‘What is a section 21 (“s21”) notice?

It is a method of ending an assured shorthold tenancy by giving two months’ notice. The advantage of a s21 notice over other types of notice is that a Landlord does not have to give a reason for requiring possession.’

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Hardwicke Chambers, 16th July 2018

Source: www.hardwicke.co.uk

Home Office misled court about treatment of child refugees from Calais, judges find – The Guardian

Posted August 1st, 2018 in children, disclosure, duty of candour, families, government departments, immigration, news, reasons, refugees by sally

‘The government “materially misled” the high court about its treatment of child refugees who applied for safe passage to the UK from Calais, giving incomplete evidence that was “a serious breach of the duty of candour and cooperation”, the court of appeal ruled on Tuesday.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Right to see Parole Board decisions comes into force – The Guardian

Posted May 22nd, 2018 in criminal justice, disclosure, news, parole, reasons by sally

‘Members of the public will be able to request summaries of Parole Board decisions on whether prisoners are safe to release under a law change prompted by the handling of the case of serial sex attacker John Worboys.’

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The Guardian, 22nd May 2018

Source: www.theguardian.com

Decision to register playing fields as village green unlawful: judge – Local Government Lawyer

Posted May 9th, 2018 in commons, news, reasons, sport by tracey

‘A High Court judge has upheld a legal challenge by a school in Bristol and indicated that he will quash a council committee’s decision to register land as a village green.’

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Local Government Lawyer, 4th May 2018

Source: www.localgovernmentlawyer.co.uk

Justice Secretary announces ambitious first steps in overhaul of Parole Board – Ministry of Justice

Posted April 30th, 2018 in disclosure, parole, press releases, reasons, victims by tracey

‘The findings of the urgent review of parole processes have been published by Justice Secretary David Gauke today, alongside a package of ambitious reforms.’

Full press release

Ministry of Justice, 28th April 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 23rd, 2018 in divorce, judges, marriage, news, reasons by tracey

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

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Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by tracey

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

Posted February 19th, 2018 in appeals, areas of outstanding natural beauty, environmental protection, news, planning, reasons by sally

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Newspapers threaten legal action for Worboys parole report – BBC News

Posted January 24th, 2018 in judicial review, media, Ministry of Justice, news, parole, rape, reasons, sexual offences by tracey

‘Two newspapers have threatened legal action if the Parole Board does not publish its reasons for agreeing to release convicted rapist John Worboys.’

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BBC News, 24th January 2018

Source: www.bbc.co.uk

Reasons and planners again: Supreme Court – UK Human Rights Blog

Posted December 20th, 2017 in local government, news, planning, reasons by sally

‘The Supreme Court has just confirmed that this local authority should have given reasons if it wished to grant permission against the advice of its own planning officers for a controversial development to the west of Dover. ‘

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UK Human Rights Blog, 20th December 2017

Source: ukhumanrightsblog.com

Reasons – Local Government Law

Posted December 8th, 2017 in environmental protection, local government, news, planning, reasons by sally

‘In Dover District Council v CPRE Kent [2017] UKSC 79 the Supreme Court reviewed various statutory rules relating to the provision of reasons for planning decisions, observing that these rules are to be found in subordinate legislation and that it is hard to detect a coherent approach to their development. The three main categories of planning decision are: (i) decisions of Secretaries of State and inspectors, (ii) decisions by local planning authorities in connection with planning permission, and (iii) decisions, at any level, on applications for EIA development.’

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Local Government Law, 6th December 2017

Source: local-government-law.11kbw.com