Equitable Compensation – The Supreme Court Reviews the Position – Littleton Chambers

Posted November 27th, 2014 in appeals, compensation, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court recently gave judgment in the case of AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58. The decision provides an important treatment of equitable compensation within the wider scheme of remedial rules.’

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Littleton Chambers, 26th November 2014

Source: www.littletonchambers.com

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Supreme Court stresses importance of compliance with court orders – Litigation Futures

Posted November 27th, 2014 in appeals, courts, default judgments, news, royal family, Supreme Court, witnesses by sally

‘The Supreme Court yesterday emphasised the importance of compliance with court orders as it dismissed an appeal by a Saudi prince who failed to personally sign a witness statement in breach of an unless order.’

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Litigation Futures, 27th November 2014

Source: www.litigationfutures.com

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Southwark: Not appealing – NearlyLegal

‘It is not unknown for losing parties in a case to not be happy, indeed very upset. There are two basic options. To shut up and put up with it, or appeal. Rather unusually, faced with one of the most coruscating High Court judgments I can recall, in AA V LB Southwark [our report here], the senior officers of Southwark Council have chosen to do neither. Instead, Southwark’s Housing and Communities Strategic Director has chosen to publicly announce that the judgment was ‘unjust’ and ‘clearly wrong’, but that Southwark aren’t going to appeal it.’

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NearlyLegal, 25th November 2014

Source: www.nearlylegal.co.uk

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County loses appeal over support for disabled Roma child who moves out of area – Local Government Lawyer

Posted November 26th, 2014 in appeals, children, disabled persons, gipsies, local government, news by sally

‘A county council has lost a Court of Appeal bid to overturn a ruling that the authority had the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside its borders.’

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Local Government Lawyer, 25th November 2014

Source: www.localgovernmentlawyer.co.uk

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A spectacularly Misleading Case – nested in a real one – UK Human Rights Blog

‘Hamblen J observed that “the facts…are so extraordinary that they could have come from one of A.P. Herbert’s “Misleading Cases”. Yes indeed. A solicitor decided to make up three years of litigation, writing some fake judgments, pretending to instruct barristers, and churning out fictitious correspondence.’

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UK Human Rights Blog, 25th November 2014

Source: www.ukhumanrightsblog.com

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QOCS “does not apply” to appeals in PI cases started pre-LASPO – Litigation Futures

Posted November 24th, 2014 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.’

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Litigation Futures, 24th November 2014

Source: www.litigationfutures.com

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High Court judge dismisses challenge to Ealing shopping centre planning permission – OUT-LAW.com

Posted November 20th, 2014 in appeals, local government, news, planning, substitution by tracey

‘A High Court judge has dismissed a challenge to Ealing Council’s approval of plans to redevelop the Oaks Shopping Centre in west London, after disagreeing with claims that the substitution of a councillor on the Council’s planning committee was unlawful.’

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OUT-LAW.com, 19th November 2014

Source: www.out-law.com

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Employment tribunal did research on Wikipedia “to help litigant in person” – Litigation Futures

‘An employment tribunal which decided to carry out its own internet research, apparently to help a litigant in person, has been condemned by Mr Justice Langstaff, president of the Employment Appeal Tribunal (EAT).’

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Litigation Futures, 20th November 2014

Source: www.litigationfutures.com

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Software patents – the lines of communication are no clearer – Technology Law Update

Posted November 19th, 2014 in appeals, computer programs, EC law, news, patents by sally

‘Patents for computer programmes are not patentable in Europe. That seems like a simple statement. But a recent high level decision shows that it is far from simple to apply.’

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Technology Law Update, 18th November 2014

Source: www.technology-law-blog.co.uk

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Plevin v Paragon Personal Finance Ltd and another – WLR Daily

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin v Paragon Personal Finance Ltd and another [2014] UKSC 61; [2014] WLR (D) 487

‘An agreement for payment protection insurance was unfair within the meaning of section 140A of the Consumer Credit Act 1974, as inserted, when the debtor had not been told, before concluding the agreement, that over 70% of the one-off £5,780 premium would be used to pay commission to various parties.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

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Regina (Stirling) v Haringey London Borough Council – WLR Daily

Posted November 18th, 2014 in appeals, consultations, council tax, law reports, local government, Supreme Court by sally

Regina (Stirling) v Haringey London Borough Council [2014] UKSC 56; [2014] WLR (D) 486

‘A public consultation under paragraph 3(1)(c) of Schedule 1A to the Local Government Finance Act 1992, as inserted, about a proposed council tax reduction scheme was unlawful if it did not involve inviting and considering views about possible alternatives to the scheme favoured by the local authority.’

WLR Daily, 29th October 2014

Source: www.iclr.co.uk

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Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another – WLR Daily

Posted November 18th, 2014 in appeals, defamation, law reports, limitations, time limits by sally

Bewry v Reed Elsevier UK Ltd (trading as LexisNexis) and another [2014] EWCA Civ 1411; [2014] WLR (D) 474

‘Where a court was determining whether to exercise its discretion under section 32A of the Limitation Act 1980 to disapply the one-year limitation period applying by virtue of section 4A of the 1980 Act to a claim for libel, the claimant’s ignorance of the limitation period would rarely if ever be a factor which carried any or any significant weight given the policy reasons underlying the one-year limitation period for libel claims.’

WLR Daily, 30th October 2014

Source: www.iclr.co.uk

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Sims (Appellant) v Dacorum Borough Council (Respondent) – Supreme Court

Sims (Appellant) v Dacorum Borough Council (Respondent) [2014] UKSC 63 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) – Supreme Court

Posted November 18th, 2014 in appeals, consumer credit, disclosure, insurance, law reports, Supreme Court by sally

Plevin (Respondent) v Paragon Personal Finance Limited (Appellant) [2014] UKSC 61 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) – Supreme Court

R (on the application of ZH and CN) (Appellants) v London Borough of Newham and London Borough of Lewisham (Respondents) [2014] UKSC 62 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

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Article 6 – the Right to a fair trial – and discrimination in the Armed Forces – Cloisters

‘At a time when the UK’s membership of the European Convention of Human Rights (“ECHR”) and our domestic Human Rights Act 1998 (“HRA”) is a hot political topic, it is timely that the Employment Appeal Tribunal (“EAT”) has handed down a judgment considering Article 6 ECHR in relation to special time limit provisions for discrimination complaints brought by those in the Armed Forces: Duncan v Ministry of Defence.’

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Cloisters, 23rd October 2014

Source: www.cloisters.com

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Holiday pay: What about back pay? – Cloisters

Posted November 18th, 2014 in appeals, employment, employment tribunals, holiday pay, news, remuneration by sally

‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’

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Cloisters, 7th November 2014

Source: www.cloisters.com

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Software Patents – Lantana v The Comptroller – NIPC Law

Posted November 18th, 2014 in appeals, computer programs, intellectual property, news, patents by sally

‘Lantana Ltd. (“Lantana”) is a California company that offers communication cable services, telephone systems and services and computer and data network services mainly to customers in Southern California. One of the company’s employees invented a “method, systems, and computer program products for retrieving a file of machine readable data” for which Lantana applied for patents in the USA and around the world under the Patent Co-operation Treaty.’

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NIPC Law, 17th November 2014

Source: www.nipclaw.blogspot.co.uk

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When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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