‘The Supreme Court has allowed Oxfordshire County Council’s appeal in a case in which a family said the sale of school land worth £1.2m, which was gifted to the council by their late family member, was unlawful.’
Local Government Lawyer, 23rd April 2021
Source: www.localgovernmentlawyer.co.uk
‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’
UK Constitutional Law Association, 24th March 2021
Source: ukconstitutionallaw.org
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’
Litigation Futures, 8th March 2021
Source: www.litigationfutures.com
‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’
Parklane Plowden Chambers, 26th February 2021
Source: www.parklaneplowden.co.uk
‘The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces Society v Secretary of State for the Environment, Food and Rural Affairs [2020] EWHC 1085 Admin (05 May 2020) as to the correct criteria to be applied when considering applications to divert a footpath, bridleway or restricted byway under section 119 of the Highways Act 1980. The judgment confirms that in carrying out the test of expediency under section 119(6) of the Act, the decision making is not confined to determining the matter solely on the basis of the criteria under section 119(6)(a),(b), and (c). Provided that those criteria are specifically considered, then the decision maker can take account of a broad range of matters in reaching a conclusion, even if those matters have already been considered under other requirements of section 119 of the Act.’
Pallant Chambers, 26th February 2021
Source: www.pallantchambers.co.uk
‘The Supreme Court will next week consider whether section 61N of the Town and Country Planning Act 1990, which deals with legal challenges to neighbourhood development orders, should be interpreted to mean that the appellant’s application for judicial review was made out of time.’
Local Government Lawyer, 2nd March 2021
Source: www.localgovernmentlawyer.co.uk
‘Master Dagnall gave judgment in the case of Corp of Trinity House of Deptford Strond v (1) Dequincy Prescott (2) Clodagh Byrne on 11 February 2021 [2021] EWHC 283 (QB) which considered several issues regarding the pandemic and possession proceedings which are worthy of note as the stay on evictions has again been extended.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’
UK Constitutional Law Association, 22nd February 2021
Source: ukconstitutionallaw.org
‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’
Local Government Lawyer, 19th February 2021
Source: www.localgovernmentlawyer.co.uk
‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’
Guildhall Chambers, 15th February 2021
Source: www.guildhallchambers.co.uk
‘Stephen Wood QC considers this important recent case concerning the notification requirements imposed upon Defendants, following conviction for terrorism offences.’
Broadway House Chambers, 17th February 2021
Source: broadwayhouse.co.uk
‘An allegation of an offence in an information or charge must describe the offence in ordinary language and make it clear what the prosecutor alleges. Amendments to section 179 of the Town and Country Planning Act 1990 (TCPA 1990) mean that it is no longer necessary, when prosecuting a defendant for non-compliance with an enforcement notice, to aver within the information the date upon which the period of compliance expired. The court held that the exact moment at which the compliance period expired was no longer of critical or defining importance. It is a necessary inference within an information that the date upon which the offence is said to have been committed, occurred after the period of compliance had expired. The prosecutor would still need to prove as a fact that the date for compliance had expired, but this fact was not essential to enable the defendant to understand what the prosecutor was alleging.’
5SAH, 16th February 2021
Source: www.5sah.co.uk
‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’
UK Constitutional Law Association, 15th February 2021
Source: ukconstitutionallaw.org
‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’
Local Government Lawyer, 25th January 2021
Source: www.localgovernmentlawyer.co.uk
‘On 16 December 2020 the Court of Appeal handed down judgment in the case of Fishbourne Development Limited v Stephens. The case concerned the interpretation of an option agreement to acquire a farm comprising fields and farm buildings. Arguments in the case were centred around the meaning of the phrase “any development of the Property” within the option agreement, which was contained within the definition of “Planning Permission”.’
Parklane Plowden Chambers, 18th January 2021
Source: www.parklaneplowden.co.uk
‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’
UK Human Rights Blog, 21st January 2021
Source: ukhumanrightsblog.com
‘The Official Solicitor has won an appeal on behalf of a 30-year-old with autism and communication difficulties over whether his mother and step-father had a reasonable excuse during the first national lockdown to leave their homes to provide him with care.’
Local Government Lawyer, 19th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’
Local Government Lawyer, 13th January 2021
Source: www.localgovernmentlawyer.co.uk
‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’
5SAH, 5th January 2021
Source: www.5sah.co.uk
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