Musician who admitted groping students wins teaching ban appeal – The Guardian

Posted February 20th, 2017 in appeals, education, judges, news, sexual offences, teachers, young persons by sally

‘A world-renowned musician who admitted molesting three students has won an appeal against an indefinite teaching ban, after a top judge ruled the ban was “flawed”.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

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Marc Delehanty on the Enforceability of Promises Made Subsequent to Written Contracts: New Caselaw – Littleton Chambers

Posted February 20th, 2017 in agreements, appeals, contracts, estoppel, news by sally

‘Commercial litigators regularly encounter disputes which arise from parties’ attempts to renegotiate obligations under written agreements in situations where one party is having difficulty performing as required under the contract.’

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Littleton Chambers, 26th January 2017

Source: www.littletonchambers.com

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Court of Appeal issues new-style short judgment – Local Government Lawyer

Posted February 20th, 2017 in appeals, courts, documents, judgments, news by sally

‘The Court of Appeal has issued a new-style ‘short judgment’ in an immigration case, avoiding the lengthy documents normally issued by courts.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

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Dawson-Damer: The Irresistible Rise of the DPA – Panopticon

Posted February 16th, 2017 in appeals, data protection, news, privilege, proportionality by sally

‘Hot off the presses comes the first of the Court of Appeal’s two forays into data protection law this term: Dawson-Damer v Tayor Wessing LLP [2017] EWCA Civ 74. It is an important decision and one well worth reading, particularly while waiting for round 2 (which has some overlaps) in Ittihadieh v 5-11 Cheyne Gardens / Deer v University of Oxford (likely to be handed down in the next month or so).’

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Panopticon, 16th February 2017

Source: www.panopticonblog.com

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Millionaire who killed his wife sued by sons for ‘profiting’ from murder – The Guardian

Posted February 16th, 2017 in appeals, children, divorce, domestic violence, families, murder, news, proceeds of crime by sally

‘A millionaire businessman who stabbed his wife to death in the midst of a bitter divorce row is being sued for £1.5m by his two sons.’

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The Guardian, 15th February 2017

Source: www.guardian.co.uk

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Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

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Woman seeks to end 39-year marriage in Valentine’s Day court appeal – The Guardian

Posted February 15th, 2017 in appeals, divorce, news by sally

‘A 65-year-old woman who wants to divorce her husband of nearly 40 years is staging an “extraordinarily unusual” Valentine’s Day court fight.’

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The Guardian, 14th February 2017

Source: www.guardian.co.uk

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Who knows where? – service and the Land Registry – Nearly Legal

Posted February 14th, 2017 in appeals, land registration, news, regulations, service by sally

‘Service of notices, claims etc on ‘last known address’ can be a bit of a thorny issue. Not least the question of the extent of reasonable inquiries to find the missing person before the ‘last known address’ can be relied on for service.’

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Nearly Legal, 13th February 2017

Source: www.nearlylegal.co.uk

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‘Self-employed’ plumber had rights as ‘worker’, but not employee, appeal court rules – OUT-LAW.com

‘A purportedly self-employed plumber engaged through a London-based firm was a ‘worker’, entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th February 2017

Source: www.out-law.com

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Expert Evidence, Independence and Objectivity: Exp v Barker [2017] EWCA Civ 63 – Zenith PI Blog

‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Members of Rochdale grooming gang face deportation to Pakistan – The Guardian

Posted February 10th, 2017 in appeals, citizenship, deportation, news, sexual grooming, sexual offences by tracey

‘Four members of a child grooming gang are facing deportation to Pakistan after losing a legal appeal against their British citizenship being revoked.’

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The Guardian, 9th February 2017

Source: www.guardian.co.uk

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Unmarried woman wins pension battle – BBC News

‘A woman whose long-term partner died has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.co.uk

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Thank you, Lady Hale, for shifting the supreme court’s view on marriage – The Guardian

Posted February 9th, 2017 in appeals, cohabitation, married persons, news, pensions, women by sally

‘Protecting the financial rights of unmarried parents will matter not just to women but to the one in three children born to parents who aren’t married.’

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The Guardian, 8th February 2017

Source: www.guardian.co.uk

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Law Society intervenes in high-stakes appeal over the ‘£400 club’ – Litigation Futures

Posted February 9th, 2017 in appeals, costs, fees, insurance, law firms, Law Society, news, pre-action conduct by sally

‘The Court of Appeal has invited the Law Society to intervene in a highly significant hearing this month in which insurers are trying to recover millions of pounds in RTA claims portal fees from claimant solicitors in the so-called ‘£400 club’.’

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Litigation Futures, 9th February 2017

Source: www.litigationfutures.com

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Court of Appeal judges told to stop writing unneccesarily long judgments – Daily Telegraph

Posted February 9th, 2017 in appeals, judges, judgments, judiciary, news by sally

‘Court of Appeal judges have been told to stop unnecessarily long judgments and replace them with more concise rulings.’

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Daily Telegraph, 8th February 2017

Source: www.telegraph.co.uk

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Unmarried woman wins pension battle – BBC News

‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.co.uk

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Court orders man to increase payments to wife who lost bulk of divorce settlement with ‘poor financial decisions’ – Daily Telegraph

Posted February 7th, 2017 in appeals, debts, financial provision, news, periodical payments by sally

‘A wife who lost the bulk of her divorce settlement by making “poor financial decisions” has been awarded larger monthly payments from her ex-husband despite calls from his lawyer for maintenance limits to reflect “social change”.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

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Sharp v Leeds City Council – WLR Daily

Sharp v Leeds City Council [2017] EWCA Civ 33

‘The claimant alleged that an accident in which she sustained an injury had been caused by the failure of the local authority to maintain a footpath, in breach of its statutory duty. As the damages alleged were less than £25,000 or less, the claim fell within the purview of the Pre-Action Protocol for Low Value Personal Injury (Employer’s Liability and Public Liability) Claims (“EL/PL Protocol”). The claimant commenced the claims process pursuant to the protocol by loading a claim notification form (“CNF”) via the online Portal process, alleging breach of statutory duty under the Highways Act 1980. The claim subsequently ceased to continue within the EL/PL Protocol and thereafter fell within the Pre-action Protocol for Personal Injury Claims (“the Personal Injury Protocol”), the claimant’s CNF being treated as a letter of claim. As the local authority failed to provide the required pre-action disclosure within the prescribed time pursuant to the Personal Injury Protocol, the claimant made a pre-action disclosure application to the County Court under section 52 of the County Courts Act 1984. The district judge awarded her the costs of the pre-action disclosure application, summarily assessing them on the standard basis at £1,250. He treated the fixed costs regime provided by Section IIIA of CPR Pt 45 as inapplicable to the costs of applications under section 52 in respect of claims which had started, but no longer continued, under the EL/PL Protocol. However, on appeal, a different judge concluded that the fixed costs regime did apply, and the costs payable were reduced to £305.’

WLR Daily, February 2017

Source: www.iclr.co.uk

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Law Society may intervene in landmark fraud case – Law Society’s Gazette

‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’

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Law Society’s Gazette, 6th February 2017

Source: www.lawgazette.co.uk

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Councils rejecting parking appeals ‘out of hand’ without reading them – watchdog report – Daily Telegraph

Posted February 6th, 2017 in appeals, fines, local government, news, ombudsmen, parking, reports by sally

‘Cash-hungry councils are “all too often” rejecting out of hand drivers’ challenges to parking fines without even bothering to read them, according to a watchdog report.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

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