‘Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405. We first saw this case as a county court appeal where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, and the matter went to the Court of Appeal.’
Nearly Legal, 11th August 2019
Source: nearlylegal.co.uk
‘When it is a plant thermally treating waste. Or is it still a power plant? This was the question that Mr Jonathan Acton Davis QC had to grapple with in Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd. As is often the case when it comes to the exclusions under section 105(2) of the Construction Act 1996, the answer was as clear as mud!’
Practical Law: Construction Blog, 30th July 2019
‘Motorists could challenge their convictions for driving while using their phone after a man has had his case overturned after he filmed a road collision.’
Daily Telegraph, 31st July 2019
Source: www.telegraph.co.uk
‘Sophie Crampton, barrister of 4 Brick Court, considers what purpose the provision might serve in determining care proceedings.’
Family Law Week, 26th July 2019
Source: www.familylawweek.co.uk
‘Brexit activist Darren Grimes has won an appeal against a £20,000 fine imposed by the Electoral Commission for his activity during the 2016 Brexit referendum.’
Daily Telegraph, 19th July 2019
Source: www.telegraph.co.uk
‘Lord Carnwath at the Statute Law Society.’
Supreme Court, 10th July 2019
Source: www.supremecourt.uk
‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’
UK Constitutional Law Association, 26th June 2019
Source: ukconstitutionallaw.org
‘This appeal considered the correct procedure HMRC is required to follow under the Taxes Management Act 1970, where it wishes to enquire into a claim for carry-back share loss relief made in a self-assessed and calculated tax return.’
UKSC Blog, 10th April 2019
Source: ukscblog.com
‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’
Litigation Futures, 19th March 2019
Source: www.litigationfutures.com
‘R (Johnson and others) and Secretary of State for Work and Pensions [2019] EWHC 23 (Admin) is an English High Court case relating to the benefit payment, Universal Credit. Universal Credit is a UK benefits payment, paid by the UK Government to support those out of work or in very low income work.’
Oxford Human Rights Hub, 11th March 2019
Source: ohrh.law.ox.ac.uk
‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’
Local Government Lawyer, 28th February 2019
Source: www.localgovernmentlawyer.co.uk
‘In this new 2-part series, Mavis Amonoo-Acquah, a barrister at Lamb Building Chambers, discusses issues surrounding Surrogacy Law, Legal Parentage and proposed reform, in light of Californian Law precedents.’
Family Law, 1st March 2019
Source: www.familylaw.co.uk
‘Two companies have lost their claim for group relief where the surrendering company went into receivership. The Court of Appeal said that when the receivers were appointed the shareholders of the surrendering company lost control, which meant that group relief was denied.’
OUT-LAW.com, 27th February 2019
Source: www.out-law.com
‘McNutt v Transport for London [2019] EWHC 365 (Admin) was an appeal by way of case stated against a decision of Hendon Magistrates Court to find Mr McNutt, guilty of the offence contrary to Section 165(7) of the Equality Act 2010 (“the EA 2010”). It raised an important point of statutory construction in relation to the duty, pursuant to Section 165(1)(a) and Section 165(4)(b) of the EA 2010 on the driver of a taxi which has been hired by or for a disabled person in a wheelchair “not to make any additional charge for doing so”. By Section 165(7), it is a criminal offence to make such an additional charge.’
Local Government Law, 25th February 2019
Source: local-government-law.11kbw.com
‘Significant budgetary restraints. A significant deficit in the public finances. Does that all sound familiar? It is a feature not only in the United Kingdom but also in the Republic of Ireland. It is the context of Case C-154/18, Horgan and Keegan v Minister for Education and Skills, in which the Second Chamber of the ECJ gave Judgment on 14 February 2019, on a reference from the Irish Labour Court.’
Employment Law Blog, 18th February 2019
Source: employment11kbw.com
‘Gwyneth Bebb was born in Oxford in 1889. She was the sixth woman to study law at Oxford University, reading jurisprudence at St Hugh’s College. She completed her studies in 1911 with first class marks, yet she didn’t formally graduate because women at the time couldn’t be awarded degrees.’
The Guardian, 15th February 2019
Source: www.theguardian.com
‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’
Nearly Legal, 12th February 2019
Source: nearlylegal.co.uk
‘Stuart Clark, of the International Family Law Group, looks at the Court of Appeal ruling that granted Anne Orenga de Gafforj a Hadkinson Order in September 2018.’
Family Law, 7th February 2019
Source: www.familylaw.co.uk
‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’
UK Police Law Blog, 31st January 2019
Source: ukpolicelawblog.com
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