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Results: 1-10 of 545

"Back-to-back" agreements

  • Cobbetts LLP
  • -
  • United Kingdom
  • -
  • February 19 2007

The use of so-called “back-to-back” agreements by local planning authorities seeking to enter into legally binding arrangements with development partners has been given the all clear by a recent decision of the House of Lords

Public authorities for the purposes of the Human Rights Act?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 1 2007

In the recent case of R (on the application of Johnson) v Havering London Borough CouncilYL v Birmingham City Council and Others 2007 All ER 271, the Court of Appeal has considered again the difficult question of what will qualify as a "hybrid" public authority for the purposes of section 6 of the Human Rights Act 1998 ("HRA"

Women win equal pay claims

  • Howes Percival LLP
  • -
  • United Kingdom
  • -
  • July 31 2008

Women employed by councils in the North East of England have won their long-running equal pay claims in the Court of Appeal

A question of political judgement? Judicial review and the Ombudsman

  • Shepherd & Wedderburn LLP
  • -
  • United Kingdom
  • -
  • April 3 2007

In our increasingly litigious society, a complaint to the Ombudsman is typically viewed as a means of seeking a political, rather than legal, remedy in cases of maladministration

Case study 2 ASBO: Lambeth LBC -v- Assing

  • Cobbetts LLP
  • -
  • United Kingdom
  • -
  • April 20 2007

In this case, Mr Assing had been a secure tenant of a flat for nine years

Case study 1 ASBO: ASBO against homeless man

  • Cobbetts LLP
  • -
  • United Kingdom
  • -
  • April 20 2007

In this case, our client, Whitefriars Housing Group (Whitefriars) made an application to Coventry Magistrates' Court for an Antisocial Behaviour Order (ASBO) pursuant to s1(1) of the Crime & Disorder Act 1988 as amended by the Police Reform Act 2002

Regulatory proceedings and property rights: revisited

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 19 2007

The Court of Appeal has reversed the decision of the High Court in R (Malik) v Waltham Forest Primary Care Trust and others 2006 EWHC 487, in which Mr Justice Collins held that a decision by a Primary Care Trust to suspend a doctor from the medical performers list, as part of professional disciplinary processes, was an unjustified interference with the doctor's rights under Article 1 of the First Protocol (the right to peaceful enjoyment of possessions) ("A1P1"

Follow your warrant policy

  • Cobbetts LLP
  • -
  • United Kingdom
  • -
  • April 20 2007

In this case, the Court set aside a warrant after an eviction on the basis that Southwark LBC (the Council) had acted oppressively

Case study 1: rent arrears

  • Cobbetts LLP
  • -
  • United Kingdom
  • -
  • April 20 2007

The defendant was a secure tenant who had accrued some rent arrears

Preventing double recovery: payments by a local authority towards the care costs of a personal injury claimant are relevant when assessing loss

  • Kennedys Law LLP
  • -
  • United Kingdom
  • -
  • April 11 2007

The recent decision by the Court of Appeal in Andre Crofton v NHS Litigation Authority will be warmly welcomed by defendant insurers as it should significantly reduce their damages bill