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Upper Tribunal (IAC) Reported Decisions: December 2020
New Video - Upper Tribunal (IAC) Reported Decisions: December 2020 In this series I summarise the reported decisions of the Upper Tribunal Immigration and Asylum Chamber for 2020 tackling them a month at a time. In this video I look at the reported decisions for December 2020 covering permission to more...
8 Mar 2021 13:10
Richard Dew wins an interesting case concerning both Norwegian probate and the rules of ademptionRichard Dew successfully defends a claim asserting that Norwegian inheritance applies to the estate of an individual who had lived in Norway but died domiciled in Wales – and at the same time shows that the earlier decision in Banks v Natwest Bank regarding the principles of ademption (which he also more...
8 Mar 2021 11:44
Doctors acted unlawfully in deciding on eligibility for drug – Court of AppealBasma (suing by her mother and litigation friend Sara Basma) v Manchester University Hospitals NHS Foundation Trust & Anr [2021] EWCA Civ 278 Sophie Basma (“Sophie”) is 10. She suffers from Type 3 Spinal Muscular Atrophy (“SMA”). SMA is a rare, genetic, neuromuscular disease which progressively more...
8 Mar 2021 11:18
A caselaw update on highways claims under the Highways Act 1980James Kinsey considers recent caselaw on highways claims under the Highways Act 1980. Resist an overconfident reliance on Gautret / McGeown in cases involving the HA 1980 and the OLA: Barlow v Wigan MBC [2020] EWCA Civ 696 Arguably the obiter comments of LJ Bean in Barlow are the most interesting more...
4 Mar 2021 12:18
Legal news flash: The 2021 BudgetThe Government delivered its 2021 Budget yesterday, which included a range of extended support for the self-employed and businesses affected by the COVID-19 pandemic. With an announcement that the economy has shrunk by 10%, which is the largest fall in over 300 years, the Chancellor stated that the more...
2 Mar 2021 15:58
Justice Week 2021Welcome to the start of Justice Week 2021. Hosted for its third year by the Bar Council, CILEx and the Law Society, Justice Week 2021 takes place from 1 to 5 March 2021, exclusively online. “Whilst some question the efficacy of specific days or even weeks to mark particular causes, Justice Week is a more...
2 Mar 2021 15:47
Tonia Clark reviews Practice Direction 27A and its application in family proceedings3PB’s specialist family law barrister Tonia Clark has reviewed Practice Direction 27A (PD27A), which Family Court judges are increasingly exasperated is being ignored. In this article Tonia covers the importance of Practice Direction 27A, noting that non-compliance will likely mean that the Courts more...
2 Mar 2021 15:44
Not remotely fair? Access to a lawyer in the police station during the Covid-19 pandemicTransform Justice, Fair Trials and the NAAN (the National Appropriate Adult Network) have published a new report on remote legal advice for children and vulnerable adults in police custody. Press release: Charities calls for end to remote legal assistance for children and vulnerable people in police more...
2 Mar 2021 15:22
Public Sector Exit Payment Cap RevokedOn 12 February 2021 the Government announced that the Public Sector Exit Payments Regulations 2020 are to be revoked. The Regulations imposed a £95,000 cap on public sector exit payments and had been introduced just a few months earlier in November 2020 before now being abandoned. The Regulations more...
2 Mar 2021 15:19
Media criticism of the Employment Tribunal system receives backlash from employment law communityThe start of the month was greeted by an article from The Times entitled “Tribunal system chaos: No experience necessary to be a judge in hearings free-for-all”. This provocative title aptly summarises the wide-ranging criticism made within of the Employment Tribunal system, extending to attacks on more...
25 Feb 2021 12:34
Advocacy in Europe - A View from the Bench in Luxembourg & StrasbourgThe European Circuit After the success of our 'Cross Border Practice' webinar we're delighted to announce our next event 'Advocacy in Europe - A View from the Bench in Luxembourg & Strasbourg', with yet another outstanding panel of speakers. To register click here How different are advocacy styles more...
23 Feb 2021 16:04
Isle Investments Ltd v Leeds City Council [2021] EWHC 345 (Admin) – Success for Bill Hanbury in “sham leases” AppealCase details Court: High Court of Justice, Administrative Court sitting in Leeds Judge: Mr Justice Fordham Date of judgment: 19 February 2021 Summary Was the magistrates court right to conclude that leases entered for the sole purpose of avoiding business rates were shams and how does the court tell more...
23 Feb 2021 15:59
No interest on general damages in police actionsThe Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to more...
22 Feb 2021 11:23
Legal news flash: Uber drivers are workers not independent contractorsThe Supreme Court has ruled against Uber in a landmark judgment, confirming that Uber drivers are workers and not independent contractors. What does the judgment mean? The judgment means that Uber’s drivers are entitled to important workers’ rights not available to self-employed contractors. These more...
22 Feb 2021 10:50
What is the future for legally aided criminal defence?How do we manage a criminal defence service in an age of austerity and Covid? That’s a challenge facing Sir Christopher Bellamy, a retired judge who has been asked by the government to conduct an independent review of criminal legal aid. I strongly advise him to read a new article on the crisis in more...
22 Feb 2021 10:47
A year in review: How MyHMCTS has become an essential service for professional usersWhen we launched MyHMCTS in early 2020, little did we realise how important it would prove to be. The service offered, for the first time, the ability for legal professionals to make and manage applications online across a range of services in tribunals and in the civil and family jurisdictions. At more...
Immigration Law Conversations: Recent Developments in Deportation Case Law
New Video - Immigration Law Conversations: Recent Developments in Deportation Case Law In this Immigration Law Conversation Stephen Vokes and Emma Rutherford discuss some recent important deportation cases and their implications. Below are the citations and links for the cases discussed in the video more...
18 Feb 2021 10:01
A year in review: How MyHMCTS has become an essential service for professional usersWhen we launched MyHMCTS in early 2020, little did we realise how important it would prove to be. The service offered, for the first time, the ability for legal professionals to make and manage applications online across a range of services in tribunals and in the civil and family jurisdictions. At more...
17 Feb 2021 11:37
Running a legally compliant social media advertising campaignMany businesses use social media as part of their advertising campaigns, and it can be a very effective tool for marketing products and services. The last few years have also seen a rise in the use of influencers or celebrities to endorse brands or products to their followers. However, before you more...
Immigration Law Conversations: myHMCTS, Video Appeals, Appeal Skeleton Arguments and Permission to Appeal
New Video - Immigration Law Conversations: myHMCTS, Video Appeals, Appeal Skeleton Arguments and Permission to Appeal In this wide ranging Immigration Law Conversation I chat to Christopher Cole, of Parker Rhodes Hickmotts Solicitors, about myHMCTS, video appeals Appeal Skeleton Arguments and more...
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