‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’
Local Government Lawyer, 28th November 2022
Source: www.localgovernmentlawyer.co.uk
‘YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin). Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister’s children, A, her youngest child, is 6 months old; R is 4; Y is 7; B is 9; H is 12; J is 12; and S is 16. Ms YR is a Spanish national with pre-settled status, and Spanish speaking. After becoming homeless in December 2021, she had been staying with a friend, but this could not continue. Following an approach to Lambeth, she was given temporary accommodation in a two bedroom flat in the borough, and the children were enrolled in schools in Lambeth. The accommodation was obviously overcrowded. A formal homelessness application was made in July 2021, with a request for suitable accommodation, together with a request for assessment of the children as in need under section 17 Children Act 1989.’
Nearly Legal, 20th November 2022
Source: nearlylegal.co.uk
‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’
Nearly Legal, 23rd October 2022
Source: nearlylegal.co.uk
“The Supreme Court has handed down a significant judgment in BTI 2014 LLC v Sequana SA. It addresses the existence, substance and circumstances of the ‘creditor duty’ – the duty of company directors to consider or act in accordance with the interests of companies’ creditors in the context of prospective insolvency.”
Law Society's Gazette, 14th October 2022
Source: www.lawgazette.co.uk
‘A 13-year-old girl at risk of suicide and in the care of Manchester city council has languished in hospital for more than three months due to a lack of suitable placements anywhere in the country.’
The Guardian, 12th October 2022
Source: www.theguardian.com
‘People fleeing domestic abuse are being put in danger by local authorities who fail to provide housing for months on end, despite a law which should prioritise them, a new study shows.’
The Guardian, 23rd September 2022
Source: www.theguardian.com
‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
‘James Nelson takes a look at the High Court’s decision in Cornerstone Telecommunications Infrastructure Limited v London Borough of Hackney.’
Local Government Lawyer, 26th August 2022
Source: www.localgovernmentlawyer.co.uk
‘The passing of the Enterprise and Regulatory Reform Act 2013 (‘ERRA’) was anticipated to have a profound impact on the way in which employer’s liability claims were litigated. The effect of section 69 was to remove civil liability for breaches of the variety of health and safety regulations which imposed strict liability on employers to employees injured in accidents at work.’
Ropewalk Chambers, 28th July 2022
Source: www.ropewalk.co.uk
‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’
Local Government Lawyer, 1st July 2022
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’
Local Government Lawyer, 28th June 2022
Source: www.localgovernmentlawyer.co.uk
‘In R (Patton) v HM Assistant Coroner for Carmarthenshire and Pembrokeshire [2022] EWHC 1377 (Admin), Mrs Justice Hill quashed a ruling that the Article 2 general (or systemic) duty has not been potentially engaged by the death of Kianna Patton.’
UK Human Rights Blog, 15th June 2022
Source: ukhumanrightsblog.com
‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’
Local Government Law, 4th May 2022
Source: local-government-law.11kbw.com
‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’
Nearly Legal, 4th May 2022
Source: nearlylegal.co.uk
‘An NHS Trust has conceded, following a judicial review challenge, that its decision to close a hospital over staffing issues partly attributed to pandemic pressures was unlawful.’
Local Government Lawyer, 25th April 2022
Source: www.localgovernmentlawyer.co.uk
‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’
Local Government Lawyer, 28th January 2022
Source: www.localgovernmentlawyer.co.uk
‘In this case, Fordham J scrutinised the nature of “Everyone In” and analysed whether it was a “policy”, such as to impose public law duties on the Secretary of State on its curtailment. The judgment (2022) EWHC 85 (Admin) contains a detailed discussion of the ingredients that make a policy, and a pithy take on when the need to consult stakeholders arises. The judge finds that Everyone In cannot properly be described as prescriptive policy guidance, but can safely be described as “an initiative”, so the Secretary of State was not bound by the constraints on changing policy. Judgment was given under the old Departmental name, since changed to the snappy Department for Levelling Up, Housing and Communities. The two interested parties, Camden LB Council and Shelter, did not appear.’
Nearly Legal, 24th January 2022
Source: nearlylegal.co.uk
‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’
UK Human Rights Blog, 20th January 2022
Source: ukhumanrightsblog.com
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