A downloadable PDF of this article is available by clicking this link. LIST OF ISSUES In Parekh v London Borough of Brent [2012] EWCA Civ 1630 Mummery LJ had the following to say about lists of issues at paragraph 31 (my underlining). “A list of issues is a useful case management tool developed by the […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link. ASSERTING A STATUTORY RIGHT Under S 104 Employment Rights 1996 (ERA) an employee is protected from being dismissed for asserting a statutory right. S104 of the ERA provides as follows (my underlining): S 104 Assertion of statutory right. (1) An employee who is […]
Tags: Commercial, Employment, General Civil
A downloadable PDF of this article is available by clicking this link. 30th July 2021 – High Court Quashes Approval for A303 Stonehenge Tunnel Scheme R (on the application of Save Stonehenge World Heritage Site Limited v S of S for Transport & Highways England and Historic England [2021] EWHC 2161 (Admin) Holgate J has […]
20th July 2021 GARLAND & SALAMAN v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS & SURREY COUNTY COUNCIL: [2021] EWCA Civ 1098 – Court of Appeal rejects objections based upon public nuisance and confirms DMO upgrading a footpath to a bridleway was correctly made. The judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1098.pdf Article […]
Tags: General Civil, Property and Planning, Town and Village Greens
A downloadable PDF version of this article is available by clicking this link. SOME OTHER SUBSTANTIAL REASON It is necessary for an employer when fairly dismissing an employee to identify the reason for dismissal. S 98(1)(b) Employment Rights Act 1996 identifies one potentially fair reason as some other substantial reason (SOSR). In […]
Tags: Commercial, Employment, General Civil
Article by Trevor Ward click here for a downloadable PDF version 6th July 2021 HIGH COURT DECIDES THAT CIL PAYMENT EXEMPTION IS NOT AVAILABLE FOR SELF -BUILD HOUSES GRANTED RETROSPECTIVE PLANNING PERMISSION UNDER SECTION 73A OF THE TOWN & COUNTRY PLANNING ACT 1990 – Gardiner v Hertsemere Borough Council [2021] EWHC 1875 (Admin), 6th […]
Vulnerable Witnesses Earlier this year, whilst preparing for a final hearing in a claim under the Equality Act 2010 it was necessary for me to look at the Tribunal’s approach to making reasonable adjustments at a final hearing. Guidance on a Tribunals requirement to make reasonable adjustments at hearings is found in Rackham –v- NHS […]
Tags: Commercial, Employment, General Civil
High Court Judgment provides important reminder as to the consequences of failures in planning officer’s reports leading to the grant of planning permission – R(Kinsey) v London Borough of Lewisham & Anor [2021] EWHC 1286 (Admin) 18th May 2021. The recent High Court decision has highlighted the importance of ensuring that officer reports leading to […]
High Court judgment provides useful reminder and summary of the case law in respect of the interpretation of planning permissions and the scope and effect of conditions as limitations to the permission – Barton Park Estates Limited v The Secretary of State for Housing, Communities and Local Government, (2) Dartmor National Park Authority [2021] EWHC […]
Section 119 Highways Act 1980 – criteria for the diversion of a footpath, bridleway or restricted byway Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2021] EWCA Civ 241 (25 February 2021) The Court of Appeal has upheld the High Court’s decision in the case of The Open Spaces […]