Oh Mr Ghopee – NearlyLegal

Posted April 23rd, 2014 in appeals, consumer credit, licensing, loans, news, striking out by sally

‘God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.’

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NearlyLegal, 23rd April 2014

Source: www.nearlylegal.co.uk

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High Court overturns “unlawful” Legal Ombudsman decision to cut firm’s fees – Legal Futures

Posted April 22nd, 2014 in appeals, compensation, fees, law firms, legal ombudsman, news by sally

‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’

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Legal Futures, 22nd April 2014

Source: www.legalfutures.co.uk

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Richard Clayton: The Curious Case of Kennedy v Charity Commission – UK Constitutional Law Association

‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’

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UK Constitutional Law Association, 18th April 2014

Source: www.ukconstitutionallaw.org

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Fiddler under the roof – NearlyLegal

Posted April 22nd, 2014 in appeals, damages, housing, injunctions, leases, news by sally

‘A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above.’

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NearlyLegal, 20th April 2014

Source: www.nearlylegal.co.uk

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Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Callum Wilson murder: Mum Emma Wilson sentence increased – BBC News

‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’

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BBC News, 15th April 2014

Source: www.bbc.co.uk

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Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

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Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

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No implied copyright licence following takeover, rules Court of Appeal – OUT-LAW.com

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by tracey

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

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OUT-LAW.com, 15th April 2014

Source: www.out-law.com

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Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

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UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

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Police officer sacked over Twitter account which called force bosses ‘scum’ – Daily Telegraph

Posted April 15th, 2014 in appeals, disciplinary procedures, internet, news, police, professional conduct by tracey

‘A police officer who allegedly sent more than 800 tweets criticising his force and called bosses “lower than slime” has been sacked. Tony Ryan, 33, was found to be the face behind @TheBritishCop – a Twitter account which claimed senior figures within Avon and Somerset Police treated “hard-working staff like garbage”.’

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Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

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Chagossians update – UK Human Rights Blog

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

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Early Compliance – NearlyLegal

Posted April 14th, 2014 in appeals, deposits, judicial review, landlord & tenant, news, repossession by sally

‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’

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NearlyLegal, 11th April 2014

Source: www.nearlylegal.co.uk

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CoA dismisses silk VAT appeal but criticises judge’s handling of the case – The Lawyer

Posted April 11th, 2014 in appeals, barristers, judges, news, tax evasion, VAT by sally

‘A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.’

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The Lawyer, 10th April 2014

Source: www.thelawyer.com

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Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Marine Al Blackman appeals against conviction for killing Afghan – BBC News

Posted April 10th, 2014 in appeals, armed forces, courts martial, murder, news, sentencing by sally

‘A Royal Marine jailed for life for murdering an injured Taliban insurgent in Helmand in 2011 is appealing against his conviction and sentence.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

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