Priestley v Dunbar and Co – Zenith PI

Posted May 13th, 2015 in appeals, delay, negligence, news, setting aside by tracey

‘Denton and Delay: to what extent should delay impact upon an application to set aside judgment?’

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Zenith PI, 13th May 2015

Source: www.zenithpi.wordpress.com

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Regina (Agyarko) v Secretary of State for the Home Department; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2015 in appeals, families, human rights, immigration, law reports, regulations by tracey

Regina (Agyarko) v Secretary of State for the Home Departmen; Regina (Evans) v Secretary of State for the Home Department; Regina (Ikuga) v Secretary of State for the Home Department: [2015] EWCA Civ 440; [2015] WLR (D) 205

‘Where a party who had overstayed unlawfully and married or formed a relationship with a British citizen sought leave to remain, the “insurmountable obstacles” test as to return under the Immigration Rules was a stringent test and more demanding than a mere test of whether it would be reasonable to expect a couple to continue their family life outside the United Kingdom, although the test was also to be interpreted in a sensible and practical rather than a purely literal way.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

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Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

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Free Movement, 12th May 2015

Source: www.freemovement.org.uk

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High Court overrules Senior Costs Judge on part 36 uplift in detailed assessments – Litigation Futures

Posted May 12th, 2015 in appeals, civil procedure rules, costs, news, part 36 offers by tracey

‘The Senior Costs Judge, Master Gordon-Saker, has been overruled by the High Court after he denied a claimant who made a successful part 36 offer in detailed assessment proceedings the additional 10% uplift to which he was entitled.’

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Litigation Futures, 11th May 2015

Source: www.litigationfutures.com

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Sam Hallam: The man who spent over seven years in jail for a murder he did not commit – The Independent

Posted May 11th, 2015 in appeals, miscarriage of justice, murder, news, prisons by sally

‘Freed after a miscarriage of justice, Sam Hallam tells Jon Robins about his psychological and legal struggle.’
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The Independent, 9th May 2015

Source: www.independent.co.uk

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Patel v Mussa – WLR Daily

Posted May 11th, 2015 in appeals, county courts, human rights, jurisdiction, law reports by sally

Patel v Mussa [2015] EWCA Civ 434; [2015] WLR (D) 195

‘There was no justification for extending the residual appellate jurisdiction of the Court of Appeal to encompass decisions of the county court which were alleged to breach article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms since appropriate forms of procedure existed by which a suitable remedy could be obtained.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

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High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

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Syrian asylum seekers successfully appeal UK convictions – BBC News

‘Two Syrian asylum seekers who were jailed for arriving in the UK without passports, have successfully appealed against their convictions.’

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BBC News, 7th May 2015

Source: www.bbc.co.uk

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The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done – Family Law Week

Posted May 7th, 2015 in adoption, appeals, guardianship, news, parental rights, residence orders by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child’s family ties.’

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Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

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Understanding foreign signs – how to make sure your contract is properly executed – Technology Law Update

Posted May 6th, 2015 in appeals, company law, contracts, EC law, international law, news by sally

‘The negotiations are over, the deal is done. Now it’s time to sign the contracts. But before popping the champagne corks, you’ll need to make sure that those signatures are valid. Here’s a cautionary tale of what can go wrong.’

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Technology Law Update, 1st May 2015

Source: www.technology-law-blog.co.uk

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A1P1 claims by photovoltaics get to the Court of Appeal – UK Human Rights Blog

Posted May 6th, 2015 in appeals, climate change, damages, energy, news by sally

‘In 2011, DECC decided to change the rules about subsidies for photovoltaic schemes, and caused substantial losses to those who had contracted or were about to contract on the basis of the more generous old subsidies.’
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UK Human Rights Blog, 4th May 2015

Source: www.ukhumanrightsblog.com

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Chip shop owner raises £6,000 in 24 hours to take parking fine appeal to Supreme Court – The Independent

Posted May 5th, 2015 in appeals, fines, news, parking, Supreme Court by sally

‘Never, it seems, should you underestimate the British public’s hatred of parking charges. When Barry Beavis, an Essex chip shop owner, asked the public for money to help take his appeal against an £85 parking ticket to the highest court in the land, he doubted he would get anything.’

Full story

The Independent, 3rd May 2015

Source: www.independent.co.uk

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Supreme court puts archive of recordings of past cases online – The Guardian

Posted May 5th, 2015 in appeals, internet, law reports, news, Supreme Court by sally

‘The supreme court is to make recordings of past cases available online as a free video archive.’

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The Guardian, 5th May 2015

Source: www.guardian.co.uk

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Man jailed over failed 2005 London bombings loses attempt to appeal – The Guardian

Posted May 1st, 2015 in appeals, conspiracy, explosives, news, terrorism by tracey

‘One of the men jailed for his part in the failed 2005 terrorist attacks in London has lost his attempt to appeal against his conviction. Manfo Asiedu had his application for permission to challenge the conviction for “conspiracy to cause explosions likely to endanger life or to cause serious injury to property” rejected by three court of appeal judges on Thursday.’

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The Guardian, 30th April 2015

Source: www.guardian.co.uk

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R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) – Supreme Court

R (on the application of Hemming (t/a Simply Pleasure Ltd) and others) (Respondents) v Westminster City Council (Appellant) [2015] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) – Supreme Court

Posted April 30th, 2015 in airlines, appeals, compensation, insolvency, law reports, pensions, Supreme Court by sally

The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellant) v Olympic Airlines SA (Respondent) [2015] UKSC 27 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) – Supreme Court

R (on the application of ClientEarth) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs (Respondent) [2015] UKSC 28 & [2013] UKSC 25 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) – Supreme Court

Jetivia SA and another (Appellants) v Bilta (UK) Limited and others (Respondents) [2015] UKSC 23 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

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R v GH (Respondent) – Supreme Court

R v GH (Respondent) [2015] UKSC 24 (YouTube)

Supreme Court, 22nd April 2015

Source: www.youtube.com/user/UKSupremeCourt

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