Direct access barrister ‘no substitute’ for solicitor – judge – Law Society’s Gazette

‘Direct access barristers are no substitute for experienced solicitors, a judge has told a court, ruling that a woman was not advised on the proper process for appealing her council tax liability. ‘

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Law Society’s Gazette, 24th April 2016

Source: www.lawgazette.co.uk

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Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

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Free Movement, 25th April 2016

Source: www.freemovement.org.uk

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CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures

Posted April 25th, 2016 in appeals, costs, damages, fees, insurance, news, road traffic, small claims by sally

‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’

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Litigation Futures, 22nd April 2016

Source: www.litigationfutures.com

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Replacing carpets owned by landlord was not breach of repair clause, says Court of Appeal – OUT-LAW.com

Posted April 25th, 2016 in appeals, damages, interpretation, landlord & tenant, leases, news, repairs by sally

‘A commercial property tenant did not breach repair covenants set out in the lease when it replaced carpet tiles in the property with strip carpeting, the Court of Appeal has ruled, overturning the High Court’s decision.’

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OUT-LAW.com, 21st April 2016

Source: www.out-law.com

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Government plan for 500% increase in immigration and asylum fee sparks anger – The Independent

Posted April 22nd, 2016 in appeals, fees, immigration, Ministry of Justice, news by tracey

‘The Ministry of Justice has revealed plans to increase the cost for immigrants to appeal against Home Office decisions by up to 500 per cent.’

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The Independent, 22nd April 2016

Source: www.independent.co.uk

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Ched Evans: Wales footballer’s rape conviction quashed – BBC News

Posted April 21st, 2016 in appeals, Criminal Cases Review Commission, news, rape, retrials by tracey

‘Footballer Ched Evans has had his conviction for rape quashed at the Court of Appeal in London, but will face a new trial.’

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BBC News, 21st April 2016

Source: www.bbc.co.uk

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Planning Conditions – Local Government Law

Posted April 21st, 2016 in appeals, news, planning by tracey

‘Ejusdem generis has no place in the interpretation of planning conditions, the Court of Appeal has held in R (XPL Ltd) v Harlow Council [2016] EWCA Civ 378, a Judgment on 15 April 2016 on appeal from a first instance decision on 28 November 2014 with respect to a breach of condition notice served by the Council on 3 June 2014.’

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Local Government Law, 19th April 2016

Source: www.11kbw.com/blogs/local-government-law

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Battle over success fees in privacy cases heads for Supreme Court – Litigation Futures

Posted April 21st, 2016 in appeals, fees, human rights, news, privacy, Supreme Court by tracey

‘The question of whether recoverable success fees in privacy cases are incompatible with publishers’ rights to freedom of expression is set to go before the Supreme Court, following a High Court ruling.’

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Litigation Futures, 21st April 2016

Source: www.litigationfutures.com

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FCA wins landbanking case, but investors still likely to lose out – The Guardian

Posted April 21st, 2016 in appeals, financial regulation, news, planning, sale of land, Supreme Court by tracey

‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’

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The Guardian, 20th April 2016

Source: www.guardian.co.uk

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Regina v Pacurar – WLR Daily

Posted April 20th, 2016 in appeals, law reports, sexual offences, trespass by sally

Regina v Pacurar

‘The defendant was charged with trespass with intent to commit a sexual offence contrary to section 63(1) of the Sexual Offences Act 2003. The prosecution case was that the defendant had entered a family’s home as a trespasser, and had been naked and touching his penis in the presence of family members: further, that while being ejected from the house by the father of the family, he had made an unseemly sexual suggestion. In interview with the police the defendant had denied ever having entered the house. On closure of the prosecution case the defendant submitted that there was no case to answer because the prosecution had not particularised the sexual offence which it was asserted that he had intended to commit. The prosecution submitted that it was sufficient that their case was that the intent relied on was to commit one or more of the offences set out in sections 1 to 3 and 5 to 7 of the Sexual Offences Act 2003. The trial judge rejected the submission of no case to answer and the defendant was convicted. The defendant appealed against conviction on the ground, among others, that the prosecution had been obliged to specify the sexual offence which it was asserted that the defendant had intended to commit.’

WLR Daily, 13th April 2016

Source: www.iclr.co.uk

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Court of Appeal orders retrial over aggregation of claims against solicitors – Legal Futures

Posted April 19th, 2016 in appeals, insurance, law firms, news, retrials, solicitors by sally

‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’

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Legal Futures, 14th April 2016

Source: www.legalfutures.co.uk

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Don’t Assume you can Serve the Solicitors! – Zenith PI Blog

Posted April 19th, 2016 in appeals, civil procedure rules, news, service, solicitors by sally

‘The Defendants appealed against a master’s order that service of a claim form by the Claimants on their solicitors amounted to good service. The Claimants applied for service by an alternative method under CPR 6.15.’

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Zenith PI Blog, 19th April 2016

Source: www.zenithpi.wordpress.com

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Celebrity injunction should be lifted, Court of Appeal rules – BBC News

Posted April 19th, 2016 in appeals, human rights, injunctions, media, news, privacy by sally

‘An injunction banning the media in England and Wales from reporting the identity of a married celebrity who allegedly took part in a threesome has been lifted.’

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BBC News, 18th April 2016

Source: www.bbc.co.uk

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MoJ plan for legal aid residence test thrown out by supreme court – The Guardian

Posted April 19th, 2016 in appeals, legal aid, Ministry of Justice, news, Supreme Court by sally

‘Government attempts to introduce a discriminatory residence test for anyone claiming legal aid have been summarily thrown out in a unanimous supreme court ruling.’

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The Guardian, 18th April 2016

Source: www.guardian.co.uk

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Deposits, leaflets and company landlords – Nearly Legal

Posted April 19th, 2016 in appeals, deposits, documents, landlord & tenant, news, repossession by sally

‘This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken and protected. Manaquel subsequently purportedly served a section 21 notice and brought possession proceedings. At first instance, the issue was whether Manaquel had complied with the requirements on serving the Prescribed Information.’

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Nearly Legal, 18th April 2016

Source: www.nearlylegal.co.uk

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Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com

Posted April 19th, 2016 in appeals, competition, Law Society, news, tribunals by sally

‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’

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OUT-LAW.com, 14th April 2016

Source: www.out-law.com

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Theresa May barred from deporting six men to Algeria over torture concerns – The Independent

‘The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.’

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The Independent, 18th April 2016

Source: www.independent.co.uk

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PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette

‘The Court of Appeal has ruled that a claimant should be awarded full costs of bringing her case despite losing on one of the issues.’

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Law Society’s Gazette, 15th April 2015

Source: www.lawgazette.co.uk

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Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer

‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’

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Local Government Lawyer, 18th April 2016

Source: www.localgovernmentlawyer.co.uk

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Council wins battle over mother’s bid to name twins ‘Cyanide’ and ‘Preacher’ – Local Government Lawyer

‘A local authority has won a Court of Appeal battle with a mother over her desire to name her twin children ‘Cyanide’ and ‘Preacher’.’

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Local Government Lawyer, 15th April 2016

Source: www.localgovernmentlawyer.co.uk

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