Victorino Chua: ‘angel turned evil’ hospital nurse fails in appeal bid – The Guardian

Posted July 29th, 2016 in appeals, murder, news, nurses by tracey

‘A hospital nurse who murdered two patients and poisoned others has failed in a bid to challenge his conviction and sentence.’

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The Guardian, 28th July 2016

Source: www.guardian.co.uk

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‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

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Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

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The Independent, 27th July 2016

Source: www.independent.co.uk

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Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette

Posted July 27th, 2016 in appeals, civil justice, costs, courts, employment tribunals, internet, news by sally

‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Fees fi fo fum – New Law Journal

Posted July 27th, 2016 in advocacy, appeals, civil procedure rules, costs, courts, damages, fees, news by sally

‘David Wright discusses fixed advocacy fees.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph

‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’

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Daily Telegraph, 27th July 2016

Source: www.telegraph.co.uk

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A part of inclusion? Disabled people and the right to a fair hearing – Cloisters

‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’

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Cloisters, 19th July 2016

Source: www.cloisters.com

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Relief from Sanctions Two Years after Denton: A Practical Views from the Bar – Littleton Chambers

Posted July 26th, 2016 in appeals, civil procedure rules, news, sanctions by sally

‘James Bickford Smith discusses judicial approaches to procedural default two years after the Court of Appeal’s decision in Denton v White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Ltd v Davies and others [2014] EWCA Civ 906, and considers the challenges still facing practitioners and judges in dealing with applications for relief from sanctions.’

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Littleton Chambers, 20th July 2016

Source: www.littletonchambers.com

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Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers

Posted July 26th, 2016 in appeals, news, regulations, service charges, tribunals by sally

‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’

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Hardwicke Chambers, 14th July 2016

Source: www.hardwicke.co.uk

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Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

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Hawk Recovery Ltd v (1) Nicholas John Hall (2) Susan Hall (3) Brunswick Wealth LLP (2016) [2016] EWHC 1307 (Ch) – No. 5 Chambers

Posted July 26th, 2016 in appeals, bankruptcy, costs, harassment, news by sally

‘Litigation is often personal. Parties will often know one another prior to commencing proceedings. But, it is rarely the case, that litigation – let alone a raft of separate proceedings – will arise, purely it might seem, as a personal vendetta. ‘Vendetta’ is the word that Mr Justice Males used in his judgment in Bluebird Productions Ltd v Eustace [2014] EWHC 1095 (QB) [27] (“Bluebird”).’

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No. 5 Chambers, 14th June 2016

Source: www.no5.com

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Groundbreaking barrister sees race bias claim against BSB thrown out – Legal Futures

‘A barrister who claimed she was the victim of racial discrimination by the Bar Standards Board (BSB) has lost her appeal against a ruling that her case was brought out of time.’

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Legal Futures, 26th July 2016

Source: www.legalfutures.co.uk

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Prosecutions for telling the truth – Free Movement

Posted July 26th, 2016 in appeals, deportation, immigration, news by sally

‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’

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Free Movement, 26th July 2016

Source: www.freemovement.org.uk

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Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’

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UK Human Rights Blog, 22nd July 2016

Source: www.ukhumanrightsblog.com

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People and principle in the developing law – Speech by Lord Carnwath

Posted July 25th, 2016 in appeals, judges, news by sally

People and principle in the developing law (PDF)

Speech by Lord Carnwath

University of Cambridge, 19 July 2016

Source: www.supremecourt.uk

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High Court rejects solicitor’s bid to remove conditions on practising certificate – Legal Futures

‘The High Court has rejected a solicitor’s bid to overturn conditions placed on his practising certificate by the Solicitors Regulation Authority (SRA) – but also criticised the regulator for the time it has taken to act in the case.’

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Legal Futures, 25th July 2016

Source: www.legalfutures.co.uk

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