The case of a Judge, a barrister, some bad weather and the right to that fundamental thing: A FAIR HEARING – The World of Family Law (Garden Court Chambers)

Posted August 28th, 2015 in appeals, contact orders, judges, news, setting aside by sally

‘In case you some how managed to miss it Re G is worth a revisit for all of those who know and recognise that need for a fair hearing before a fair tribunal. And of course for all of those who have seen in action just what unfairness can look like. Be bold , Re G, the idea of justice and those Court of Appeal Judges are there to help.’

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The World of Family Law (Garden Court Chambers). 27th August 2015

Source: www.gcfamily.wordpress.com

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Unison plans Supreme Court appeal after latest setback on employment tribunal fees – Local Government Lawyer

Posted August 28th, 2015 in appeals, employment tribunals, fees, news, Supreme Court, trade unions by sally

‘Unison has applied for permission to take its legal challenge to the Government’s introduction of employment tribunal fees to the Supreme Court, after the Court of Appeal this week rejected the union’s claims.’

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Local Government Lawyer, 27th August 2015

Source: www.localgovernmentlawyer.co.uk

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John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs – Supreme Court

John Mander Pension Scheme Trustees Ltd v Commissioners for Her Majesty’s Revenue and Customs [2015] UKSC 56

Supreme Court, 29th July 2015

Source: www.youtube.com/user/UKSupremeCourt

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Fitness for purpose clauses in construction contracts – Hardwicke Chambers

Posted August 27th, 2015 in appeals, construction industry, contracts, foreign jurisdictions, news by sally

‘Despite heightened focus on fitness for purpose clauses following the Court of Appeal’s recent decision in MT Hojgaard A/S v E.ON Climate and Renewables UK Robin Rigg East Ltd [2015] EWCA Civ 407 (“Robin Rigg”), such clauses are not new and have been used in construction contracts for a number of years.’

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Hardwicke Chambers, 11th August 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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Inspection of family visit visa system: serious problems remain – Free Movement

Posted August 25th, 2015 in appeals, families, immigration, news, reports, visas by sally

‘The family visit visa system underwent an inspection by the Independent Chief Inspector of Borders and Immigration last month. The posts inspected were Abu Dhabi, Accra, Amman, Dhaka, Kingston, Manila, Nairobi, New Delhi, Croydon and Sheffield. The Inspector confidently declares that there is “no evidence that the removal of the full right of appeal from Family Visitor visa applicants had led to a higher refusal rate or to an overall reduction in decision quality.”’

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Free Movement, 24th August 2015

Source: www.freemovement.org.uk

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Asylum seekers fight deportation to Afghanistan – The Guardian

Posted August 25th, 2015 in appeals, asylum, deportation, news by sally

‘Lawyers have launched a series of last-minute challenges to the proposed deportation of failed asylum seekers on a charter flight to Afghanistan.’

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The Guardian, 24th August 2015

Source: www.guardian.co.uk

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Emily Thornberry MP – Human rights conventions: when some are more equal than others? – UK Human Rights Blog

Posted August 24th, 2015 in appeals, benefits, bills, children, human rights, news, Supreme Court by sally

‘When a legal challenge to one of the coalition Government’s flagship welfare reforms – an overall cap of £26,000 per year on the amount any family could receive in benefits – was reviewed by the Supreme Court earlier this year, the resulting judgment left many observers scratching their heads. Had the Court declared the cap unlawful or not? The answer seemed to be a mixture of yes and no.’

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UK Human Rights Blog, 24th August 2015

Source: www.ukhumanrightsblog.com

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Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) – WLR Daily

Merton London Borough Council v B (Central Authority of the Republic of Latvia, intervening) [2015] EWCA Civ 888; [2015] WLR (D) 365

‘Notwithstanding that concerns might be expressed in many parts of Europe about the law and practice in England and Wales in relation to non-consensual adoption where care proceedings involving foreign nationals were in contemplation, domestic law was not incompatible with the United Kingdom’s international obligations or, specifically, its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 6th August 2015

Source: www.iclr.co.uk

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BSB seeks power to fine barristers cleared by disciplinary tribunals – Legal Futures

‘The Bar Standards Board (BSB) is seeking the power to impose fines of up to £1,000 on barristers cleared by disciplinary tribunals, it has emerged.’

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Legal Futures, 21st August 2015

Source: www.legalfutures.co.uk

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Outstanding UK tax tribunal cases reach record levels – OUT-LAW.com

Posted August 20th, 2015 in appeals, news, statistics, taxation, tribunals by sally

‘The queue of tax disputes awaiting litigation through the UK’s tax tribunals set a new record last year, with almost 30,000 cases waiting to be heard at the end of last year, according to official figures.’

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OUT-LAW.com, 19th August 2015

Source: www.out-law.com

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Six appeal against convictions linked to Mazher Mahmood’s stories – The Guardian

Posted August 17th, 2015 in appeals, Crown Prosecution Service, evidence, news, perjury by sally

‘Six people caught in sting operations by the former News of the World investigations editor, Mazher Mahmood, are seeking leave to appeal against convictions resulting from stories about them in the newspaper.’

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The Guardian, 17th August 2015

Source: www.guardian.co.uk

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When keeping a child from their mother is in their best interests – The Guardian

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘Taking a child away from a parent is one of the most profound and far-reaching powers a court can exercise. Can it ever be in the best interests of a child to lose not only a parent but also a nationality and family heritage? These questions are prompted by the decision of the court of appeal last week that a Latvian girl, known only as CB, should be brought up by adoptive parents in the UK.’

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The Guardian, 14th August 2015

Source: www.guardian.co.uk

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Latvian child must be adopted in the UK, judge rules – BBC News

Posted August 14th, 2015 in adoption, appeals, care orders, child neglect, families, foreign jurisdictions, news by tracey

‘A Latvian girl should be adopted in the UK, despite objections from her mother and the Latvian authorities, the Court of Appeal has ruled.’

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BBC News, 13th August 2015

Source: www.bbc.co.uk

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Children: Private Law Update – Family Law Week

Posted August 13th, 2015 in appeals, children, contact orders, expert witnesses, news by sally

‘Alex Verdan QC, of 4 Paper Buildings, reviews recent important judgments in private law children cases.’
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Family Law Week, 29th July 2015

Source: www.familylawweek.co.uk

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What happens to failed asylum seekers? – BBC News

Posted August 13th, 2015 in appeals, asylum, detention, EC law, immigration, news by sally

‘Thousands of migrants are camped around Calais in northern France. Many will risk their lives smuggling themselves across the Channel into the UK. What happens to those that get through?’
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BBC News, 13th August 2015

Source: www.bbc.co.uk

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Wandsworth London Borough Council v Tompkins and another – WLR Daily

Wandsworth London Borough Council v Tompkins and another [2015] EWCA Civ 846; [2015] WLR (D) 357

‘Where a local housing authority provided accommodation under a tenancy pursuant to its duty under Part VII (Homelessness) of the Housing Act 1996, the requirement in paragraph 4 of Schedule 1 to the Housing Act 1985 which had to be satisfied in order for the tenancy to qualify as a secure tenancy (that the housing authority had to give notification that the tenancy “is to be regarded” as a secure tenancy), meant that the notification had to state that the tenancy was regarded as a secure tenancy at the date of grant and not at some unspecified date in the future.’

WLR Daily, 31st August 2015

Source: www.iclr.co.uk

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Woolway (Valuation Officer) v Mazars LLP – WLR Daily

Posted August 12th, 2015 in appeals, leases, news, rates, Supreme Court, tribunals, valuation by sally

Woolway (Valuation Officer) v Mazars LLP [2015] UKSC 53; [2015] WLR (D) 353

‘Where a business’s offices were on two separate floors of an office block, the communication between the two being solely by way of the block’s communal lift, those two floors comprised two separate hereditaments for the purposes of non-domestic rating.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

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Arcadia Group Brands Ltd and others v Visa Inc and others – WLR Daily

Posted August 12th, 2015 in appeals, competition, law reports, limitations by sally

Arcadia Group Brands Ltd and others v Visa Inc and others [2015] EWCA Civ 883; [2015] WLR (D) 359

‘Competition cases were not to be treated differently to other claims for the purposes of the application of the “statement of claim” test in the context of section 32(1)(b) of the Limitation Act 1980, which provided for the postponement of the limitation period in the case of concealment of any fact relevant to the plaintiff’s right of action.’

WLR Daily, 5th August 2015

Source: www.iclr.co.uk

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Appeal judges limit professional privilege where lives are at risk – Legal Futures

Posted August 11th, 2015 in appeals, mental health, news, nurses, privilege, restraint, solicitors by sally

‘Legal professional privilege can be qualified in the “rare circumstances” where it is necessary to impose a requirement that other people are present at discussions between lawyers and clients, the Court of Appeal has ruled.’

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Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

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