Supreme Court to hear key case on liability of councils for foster care abuse – Local Government Lawyer

Posted May 27th, 2016 in appeals, child abuse, fostering, news, sexual offences, Supreme Court by tracey

‘The Supreme Court has agreed to hear a key case on the liability of councils for foster care abuse, it has emerged.’

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Local Government Lawyer, 27th may 2016

Source: www.localgovernmentlawyer.co.uk

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Chief Inspector highly critical of Home Office internal review process – Free Movement

Posted May 27th, 2016 in appeals, immigration, news by tracey

‘The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Inspector of Borders and Immigration, David Bolt, has just published a report into how well this process is working. He finds “significant room for improvement.”’

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Free Movement, 26th May 2016

Source: www.freemovement.org.uk

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QOCS protection extends to appeals, High Court rules – Litigation Futures

Posted May 27th, 2016 in appeals, costs, news by tracey

‘Qualified one-way costs shifting (QOCS) applies not only to trials but to appeals, the High Court has ruled.’

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Litigation Futures, 26th May 2016

Source: www.litigationfutures.com

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Appeal judges refuse to order assessment of costs agreed by administrators – Litigation Futures

Posted May 26th, 2016 in administrators, appeals, costs, fees, insolvency, law firms, news by tracey

‘The Court of Appeal has refused a request by the liquidators of a company for a detailed assessment of costs agreed by the firm’s administrators.’

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Litigation Futures, 25th May 2016

Source: www.litigationfutures.com

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Victory for Theresa May after drug dealer convicted of attempted murder loses human rights bid to avoid deportation – Daily Telegraph

‘A foreign drug dealer convicted of attempted murder is not entitled to avoid deportation under human rights laws because he has British children, the Court of Appeal has ruled.’

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Daily Telegraph, 25th May 2016

Source: www.telegraph.co.uk

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Elderly couple who cut wealthy neighbour’s grass verge for 12 years given land in ‘squatters’ rights’ ruling as opponent faces £250,000 legal bill – Daily Telegraph

Posted May 26th, 2016 in adverse possession, appeals, costs, elderly, land registration, news by tracey

‘A couple who cut a grass verge outside their wealthy neighbour’s home for 12 years have been given the land by a judge in a “squatters’ rights” ruling following a lengthy court battle.’

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Daily Telegraph, 26th May 2016

Source: www.telegraph.co.uk

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New judgment ‘kills’ unbundled legal services – Law Society’s Gazette

‘An appeal court ruling last week appears to have delivered a serious blow to solicitors seeking to offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer.’

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Law Society’s Gazette, 24th May 2016

Source: www.lawgazette.co.uk

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Contracts with ‘no oral variation’ clauses can “in principle” be varied orally, says Court of Appeal – OUT-LAW.com

Posted May 25th, 2016 in appeals, contracts, news by sally

‘Clauses in commercial contracts preventing variation other than in writing are “in principle” unenforceable, given that parties to such contracts generally have the freedom to agree to vary whatever terms they choose, according to three senior judges.’

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OUT-LAW.com, 24th May 2016

Source: www.out-law.com

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Council appeals to Court of Appeal in dispute over houses in multiple occupation and bedroom sizes – Local Government Lawyer

Posted May 25th, 2016 in appeals, housing, local government, news, tribunals by sally

‘Nottingham City Council has applied to the Court of Appeal for permission to appeal after the Upper Tribunal dismissed its challenge to terms of Houses in Multiple Occupation (HMO) licences that restricted the occupation of bedrooms to a particular type of occupier.’

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Local Government Lawyer, 23rd May 2016

Source: www.localgovernmentlawyer.co.uk

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State aid ruling will help inform future investment of public funds, say experts – OUT-LAW.com

Posted May 25th, 2016 in appeals, competition, EC law, loans, local government, news, sport, state aids by sally

‘A recent ruling by the Court of Appeal in London will help public bodies invest public funds into business ventures without breaching state aid rules.’

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OUT-LAW.com, 23rd May 2016

Source: www.out-law.com

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Judge throws out CPS challenge to innocence of protesters who blockaded London arms fair – The Independent

Posted May 25th, 2016 in appeals, Crown Prosecution Service, demonstrations, inquiries, news, weapons by sally

‘A judge has thrown out an appeal by the Crown Prosecution Service against a decision to acquit protesters who tried to blockade the world’s biggest arms fair.’

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The Independent, 24th May 2016

Source: www.independent.co.uk

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Using the courts to silence the press abuses our freedoms and makes our judges look foolish – Daily Telegraph

‘I recently wrote on these pages criticising celebrity injunctions taken out to gag English newspapers, even when the stories were freely reported in other countries. The expensive celebrity game reminded me, I wrote, of the Spycatcher farce and the series of trials during which Margaret Thatcher tried to prevent British newspapers from publishing extracts from Peter Wright’s MI5 memoir, despite the book being freely obtainable outside England.’

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Daily Telegraph, 22nd May 2016

Source: www.telegraph.co.uk

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Over the Border – Zenith PI Blog

‘In the recent cases of Cook v Virgin Media Ltd and McNeil v Tesco Plc [2016] 1WLR 1672, the Court of Appeal had to consider two cases raising a virtually identical issue. Each case related to a Scottish claimant claiming for personal injuries sustained in Scotland against Defendants who had registered offices in England and Wales. Mr Cook claimed that he suffered personal injury in a tripping accident in East Kilbride as a result of the negligence of Virgin Media. Virgin Media admitted liability. The claim was brought through the Northampton Money Claims Centre. In their defence Virgin Media said that the claim would be more appropriately dealt with in Scotland. In the second case Mr McNeil had suffered injuries in a Tesco store in Glasgow. He too claimed putting a claim through the Northampton Money Claims Centre. Tesco denied liability and said that the claim should have been brought in Scotland. Both these cases were shunted to Carlisle County Court. (It is perhaps a pity that the old Berwick-upon-Tweed County Court has long closed its doors, since it might have been an ideal venue.)’

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Zenith PI Blog, 17th May 2016

Source: www.zenithpi.wordpress.com

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Court of Appeal says children can be required to be x-rayed to challenge age assessment in court – Free Movement

Posted May 19th, 2016 in appeals, children, consent, dentists, immigration, medical treatment, news by sally

‘Interesting and controversial case on X-rays and age assessment from the Court of Appeal: London Borough of Croydon v Y [2016] EWCA Civ 398 (26 April 2016). Essentially, the Court holds that the claimant would have to agree to an age assessment by means of a dental X-ray in order to continue with his claim against the local authority. The claimant was arguing that he had been incorrectly age assessed as an adult when in fact he was a child.’

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Free Movement, 18th May 2016

Source: www.freemovement.org.uk

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High Court rejects Barnett’s appeal against strike-off – Legal Futures

‘The High Court has rejected an appeal by Richard Barnett, senior partner of collapsed conveyancing firm Barnetts, against his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 19th May 2016

Source: www.legalfutures.co.uk

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Councils hit back after minister attacks affordable housing policy legal challenge – Local Government Lawyer

Posted May 19th, 2016 in appeals, housing, local government, news, planning by sally

‘The two councils that challenged a Government policy on affordable housing and small-scale sites have defended their decision to bring legal action, after a minister claimed the proceedings were “a total waste of taxpayers’ money”.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

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Celebrity injunction: PJS cannot be named, says Supreme Court – BBC News

Posted May 19th, 2016 in appeals, injunctions, internet, media, news, privacy, public interest, Supreme Court by sally

‘An injunction banning the naming of a celebrity involved in an alleged extra-marital relationship should stay in place, the Supreme Court has ruled.’

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BBC News, 19th May 2016

Source: www.bbc.co.uk

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Supreme court to give ruling on ‘celebrity threesome’ injunction – The Guardian

Posted May 19th, 2016 in appeals, injunctions, internet, media, news, privacy, Supreme Court by sally

‘The supreme court is set to deliver its long-awaited decision on a privacy injunction preventing identification of a celebrity said to have taken part in a three-way sexual encounter.’

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The Guardian, 19th May 2016

Source: www.guardian.co.uk

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‘Silent bomber’ plotter who planned London terror attack has sentence cut – BBC News

Posted May 18th, 2016 in appeals, internet, news, sentencing, terrorism by tracey

‘A woman who plotted a terror attack in London had her minimum jail term reduced from 25 to 23 years on appeal.’

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BBC News, 18th May 2016

Source: www.bbc.co.uk

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