Category: statutory duty

R (Blundell & Ors) v SSWP; R (Day) v SSWP – Equality Law Blog

Posted March 23rd, 2021 in benefits, disability discrimination, equality, fines, government departments, news, statutory duty by sally

‘The Claimants unsuccessfully challenged the Defendant’s policy of making deductions at a fixed rate from universal credit (UC) to pay off criminal fines. So far as relevant here, the claim alleged breach of the PSED (s149 Equality Act 2010) and unlawful indirect disability discrimination. The latter claim failed on the evidence, Kerr J pointing out that it would more suitably have been brought in the county court. The Judge did accept that the Defendant had breached the PSED but ruled against the claimants on the basis that compliance with the PSED would very likely have made no difference and that, therefore, s31A of the Senior Courts Act 1981 defeated the claim.’

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Equality Law Blog, 22nd March 2021

Source: equalitylawblog.com

Councils and other public bodies to be put under legal duty to share data and intelligence in cases of serious violence – Local Government Lawyer

Posted March 11th, 2021 in bills, emergency services, government departments, investigatory powers, local government, Ministry of Justice, news, police, statutory duty by sally

‘A new legal duty is to be imposed on local authorities, the police, criminal justice agencies, health and fire and rescue services to share data and intelligence in cases concerning serious violence.’

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Local Government Lawyer, 11th March 2021

Source: www.localgovernmentlawyer.co.uk

Repeat homelessness applications and local connection – Garden Court Chambers

Posted March 5th, 2021 in chambers articles, homelessness, housing, judicial review, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Errol Graham: Starved man’s family loses High Court benefits case – BBC News

Posted March 4th, 2021 in benefits, government departments, inquests, mental health, news, statutory duty by sally

‘The family of a man who starved to death after his benefits were stopped has lost a High Court challenge against the government.’

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BBC News, 3rd March 2021

Source: www.bbc.co.uk

Failure to enact public duty law ‘has worsened England inequality in pandemic’ – The Guardian

Posted February 25th, 2021 in coronavirus, equality, news, statutory duty by sally

‘The failure of successive governments to enact part of the Equality Act, which would have imposed a duty to address socio-economic disadvantage, has exacerbated inequalities in England during the coronavirus pandemic, a thinktank has claimed.’

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The Guardian, 24th February 2021

Source: www.theguardian.com

Repeat homelessness applications and local connection – Garden Court Chambers

Posted February 18th, 2021 in homelessness, housing, local government, news, statutory duty by sally

‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’

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Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Proposed free speech law will make English universities liable for breaches – The Guardian

Posted February 16th, 2021 in freedom of expression, news, statutory duty, universities by sally

‘The government is to introduce legislation that will enable academics, students or visiting speakers who are no-platformed to sue universities for compensation where they feel they have suffered because of free speech infringements.’

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The Guardian, 16th February 2021

Source: www.theguardian.com

Court of Appeal rejects challenge to application of ‘tilted balance’ by two councils – Local Government Lawyer

Posted February 11th, 2021 in interpretation, local government, news, planning, statutory duty by sally

‘The Court of Appeal has rejected a developer’s case that two councils misapplied the “tilted balance” in the National Planning Policy Framework (NPPF).’

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Local Government Lawyer, 11th February 2021

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer

Posted January 12th, 2021 in consultations, hospitals, judicial review, news, statutory duty by sally

‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’

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Local Government Lawyer, 11th January 2021

Source: www.localgovernmentlawyer.co.uk

Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers

Posted January 8th, 2021 in chambers articles, company directors, disclosure, documents, legal profession, news, privilege, standard of proof, statutory duty by sally

‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’

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Exchange Chambers, 4th January 2021

Source: www.exchangechambers.co.uk

Council defeats appeal over ruling that it did not breach public sector equality duty in possession case – Local Government Lawyer

Posted January 5th, 2021 in disabled persons, equality, housing, local government, mental health, news, repossession, statutory duty by sally

‘A High Court judge has dismissed an appeal over a ruling in a housing case that there had been no breach by Slough Borough Council of the public sector equality duty.’

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Local Government Lawyer, 5th January 2021

Source: www.localgovernmentlawyer.co.uk

Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer

Posted December 8th, 2020 in corruption, Law Commission, misfeasance in public office, news, prosecutions, statutory duty by sally

‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

Posted November 26th, 2020 in disclosure, families, financial advice, legal profession, legal services, money laundering, news, regulations, statutory duty, taxation by tracey

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

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Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

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Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

Trans teen in legal action over gender clinic wait – BBC News

Posted November 23rd, 2020 in children, delay, gender, hospitals, medical treatment, news, statistics, statutory duty, transgender persons by sally

‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’

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BBC News, 23rd November 2020

Source: www.bbc.co.uk

Divisional Court gives guidance on article 2 inquests – UK Human Rights Law Blog

Posted November 6th, 2020 in bereavement, domestic violence, families, homicide, human rights, inquests, murder, negligence, news, police, statutory duty by tracey

‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’

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UK Human Rights Law Blog, 5th November 2020

Source: ukhumanrightsblog.com

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by tracey

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

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The Guardian, 2nd November 2020

Source: www.theguardian.com

Free School Meals and Governmental Responsibility — Dr Kirsteen Shields – UK Human Rights Blog

Posted October 23rd, 2020 in benefits, budgets, children, duty of care, equality, food, government departments, human rights, news, parliament, school children, statutory duty by sally

‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’

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UK Human Rights Blog, 22nd October 2020

Source: ukhumanrightsblog.com

Report raises alarm over police detention of vulnerable suspects in England and Wales – The Guardian

Posted September 28th, 2020 in autism, charities, codes of practice, custody, detention, government departments, learning difficulties, local government, mental health, miscarriage of justice, news, police, reports, statistics, statutory duty, suicide by sally

‘Police officers detained and interviewed hundreds of thousands of vulnerable suspects last year in England and Wales in breach of mandatory safeguards, according to the body that sets standards for those who support vulnerable adults in police custody.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Inquests ‘more adversarial than criminal cases’, says Grenfell QC – Law Society’s Gazette

Posted August 27th, 2020 in bereavement, duty of candour, fire, health & safety, inquests, news, statutory duty by sally

‘A QC representing bereaved families in the Grenfell Tower public inquiry has backed calls for a statutory duty of candour, saying she has often found inquests far more adversarial than any criminal case she has done. ‘

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Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk