High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

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No. 5 Chambers, 18th November 2016

Source: www.no5.com

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Excalibur and third party funders – guidance from the Court of Appeal – Hardwicke Chambers

Posted December 1st, 2016 in appeals, costs, news, third parties by sally

‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’

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Hardwicke Chambers, 18th November 2016

Source: www.hardwicke.co.uk

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Lord Howard convicted of failing to say who was driving his car when it was caught speeding – Daily Telegraph

‘Former Tory leader Michael Howard has been convicted of failing to say who was driving his car when it was caught by a speed camera.’

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Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk

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Tobacco firms lose plain packaging appeal – BBC News

Posted December 1st, 2016 in advertising, appeals, news, smoking by sally

‘Three tobacco companies have lost their appeal against the government’s plain packaging rules for cigarettes packs.’

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BBC News, 30th November 2016

Source: www.bbc.co.uk

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Mother who stamped daughter to death appeals conviction because her lawyer was interrupted by judge – The Independent

Posted December 1st, 2016 in appeals, child cruelty, judges, news, trials by sally

‘A mother who was jailed for life after stamping to death her 21-month-old daughter has launched an appeal against her conviction.’

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The Independent, 1st December 2016

Source: www.independent.co.uk

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Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

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UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

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Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

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Third party funders as liable for indemnity costs as any other fees, appeal court rules – OUT-LAW.com

Posted November 29th, 2016 in appeals, costs, indemnities, news, third parties by sally

‘Commercial third party funders are liable for the costs consequences of a litigant’s misconduct, regardless of whether they themselves were guilty of any “discreditable conduct or conduct which could be criticised”, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th November 2016

Source: www.out-law.com

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Known unknowns – Considering disability in homelessness – Nearly Legal

Posted November 29th, 2016 in appeals, autism, children, disabled persons, housing, local government, news by sally

‘In Pieretti v Enfield LBC [2010] EWCA Civ 1104 (our note) the Court of Appeal held that under (the predecessor to) the Equality Act, in the course of Housing Act 1997 Part VII inquiries, a reviewing officer was required to carry out inquiries into an applicant’s disability that the Housing Act 1996 had not previously required, i.e. where the applicant had not raised the issue but the reviewing officer was on notice that there was a possibility that the applicant’s disability would be relevant. This second appeal concerned the nature and extent of those inquiries.’

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Nearly Legal, 27th November 2016

Source: www.nearlylegal.co.uk

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Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

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Ellie Butler’s mother lodges ‘disrespectful’ bid to appeal convictions over six-year-old’s death – Daily Telegraph

Posted November 25th, 2016 in appeals, child cruelty, news, perverting the course of justice by tracey

‘The mother of Ellie Butler, the schoolgirl murdered by her father, has begun proceedings to appeal her convictions over her daughter’s death in a move that her own father has described as “disrespectful”.’

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Daily Telegraph, 24th November 2016

Source: www.telegraph.co.uk

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Spalding teenage couple’s murder sentences referred to Attorney General as ‘unduly lenient’ – Daily Telegraph

Posted November 23rd, 2016 in appeals, murder, news, sentencing, young offenders by tracey

‘The 20-year minimum terms handed to a teenage couple – believed to be Britain’s youngest double-murderers – for the brutal “executions” of a mother and her daughter have been referred to the Attorney General for being “unduly lenient”.’

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Daily Telegraph, 22nd November 2016

Source: www.telegraph.co.uk

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Employment law brief – New Law Journal

‘Ian Smith examines the recent cases that have been driving employment law.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

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Court of Appeal upholds injunction stopping Dechert from acting for two parties to case – Litigation Futures

‘The Court of Appeal has upheld an injunction that international law firm Dechert has to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

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Litigation Futures, 21st November 2016

Source: www.litigationfutures.co.uk

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‘Vexatious’ barrister loses High Court appeal against disbarment – Legal Futures

‘A barrister who was disbarred after the Employment Appeal Tribunal made a ‘restriction of proceedings’ order (RPO) to prevent him bringing further vexatious claims, has had his appeal to the High Court rejected.’

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Legal Futures, 18th November 2016

Source: www.legalfutures.co.uk

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Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’

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The Independent, 16th November 2016

Source: www.independent.co.uk

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Unelected judges decline to prevent deportation of foreign criminal – UK Human Rights Blog

Posted November 17th, 2016 in appeals, deportation, human rights, news, Supreme Court, treaties by sally

‘Amid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.’

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UK Human Rights Blog, 16th November 2016

Source: www.ukhumanrightsblog.com

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Magistrate court cases take a week longer to complete – BBC News

Posted November 17th, 2016 in appeals, courts, delay, magistrates, news, trials by sally

‘A victim’s charity says growing court delays are damaging “the public’s confidence in the criminal justice system”.’

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BBC News, 17th November 2016

Source: www.bbc.co.uk

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Tribunal rejects FOI request over code of conduct complaints process – Local Government Lawyer

‘It is important that a council’s code of conduct complaints process remains confidential, the First-tier Tribunal has said in rejecting an appeal over the refusal of a freedom of information request.’

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Local Government Lawyer, 16th November 2016

Source: www.localgovernmentlawyer.co.uk

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The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

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