Judges reject state aid challenge to £14.4m council loan to stadium operator – Local Government Lawyer

Posted May 17th, 2016 in appeals, loans, local government, news by sally

‘The Court of Appeal has dismissed a judicial review challenge to Coventry City Council’s decision to lend £14.4m to ACL, a company which operates the Ricoh Arena.’

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Local Government Lawyer, 17th May 2016

Source: www.localgovernmentlawyer.co.uk

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‘Celebrity threesome’ injunction decision due on Thursday – The Guardian

Posted May 17th, 2016 in appeals, injunctions, internet, media, news, privacy, Supreme Court by sally

‘The supreme court will on Thursday deliver its long-awaited decision on a privacy injunction preventing identification of a celebrity involved in a three-way sexual encounter.’

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The Guardian, 16th May 2016

Source: www.guardian.co.uk

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Interpreters lose MoJ race bias challenge – Law Society’s Gazette

‘The Employment Tribunal did not ’misdirect’ itself when it dismissed two interpreters’ claims for racial discrimination against the Ministry of Justice, the Court of Appeal has ruled.’

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Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

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Court of Appeal unhappy with Home Office position and submissions in student case – Free Movement

Posted May 16th, 2016 in appeals, education, immigration, news, passports by sally

‘Technical”, “deeply unattractive”, “disingenuous”, “singularly lacks merit”, “ridiculous”, “inappropriate”, “extraordinary”. All words used by Elias or Vos LLJ to describe the arguments advanced by the Home Office in the course of their judgments in the remarkable case of R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298.’

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Free Movement, 16th May

Source: www.freemovement.org.uk

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Court of Appeal backs decision to clear Green Belt land of Romany Gypsy caravans – Local Government Lawyer

Posted May 12th, 2016 in appeals, gipsies, local government, news, planning by sally

‘The Court of Appeal has rejected a judicial review challenge to the decision of a local authority to use its planning enforcement powers to clear agricultural land in the Green Belt of caravans occupied by Romany Gypsies.’

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Local Government Lawyer, 12th May 2016

Source: www.localgovernmentlawyer.co.uk

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Court rejects 600 Iraqis’ claims of mistreatment by UK soldiers – The Guardian

Posted May 12th, 2016 in appeals, armed forces, compensation, Iraq, news, Supreme Court, time limits by sally

‘Claims by more than 600 Iraqi civilians alleging that they were unlawfully detained and physically mistreated by British soldiers have been dismissed by the supreme court in London.’

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The Guardian, 12th May 2016

Source: www.guardian.co.uk

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Bank Mellat’s $4bn claim: CA rules out one element, but the rest to play for – UK Human Rights Blog

Posted May 12th, 2016 in appeals, banking, damages, human rights, news, terrorism by sally

‘Bank Mellat’s challenge to the Treasury’s direction under the Counter-Terrorism Act 2008 has been before the courts on a number of occasions. In 2009, the Treasury had concluded that the Bank had connections with Iran’s nuclear and ballistic missile programme. In 2013, the Supreme Court quashed the direction, which had stopped any institution in London from dealing with the Bank.’

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UK Human Rights Blog, 11th May 2016

Source: www.ukhumanrightsblog.com

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What’s really in the bests interests of children from other European countries involved in care proceedings? – Family Law Week

‘Sarah Phillimore, barrister, of St John’s Chambers considers the ‘best interests’ test under Article 15 of Brussels IIR in the light of the Supreme Court’s judgment in Re N.’

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Family Law Week, 6th May 2016

Source: www.familylawweek.co.uk

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Evidential flexibility policy is additional to the provisions of the Immigration Rules – Free Movement

Posted May 11th, 2016 in appeals, documents, evidence, immigration, news by sally

‘In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 426.’

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Free Movement, 11th May 2016

Source: www.freemovement.org.uk

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Court of Appeal upholds rejection of bid to register rights of common – Local Government Lawyer

Posted May 11th, 2016 in animals, appeals, commons, judicial review, local government, news, notification by sally

‘A county council has successfully defended in the Court of Appeal its decision to refuse an application to register rights of common under the Commons Act 2006.’

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Local Government Lawyer, 10th May 2016

Source: www.localgovernmentlawyer.co.uk

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Two-thirds of ‘miscarriage’ referrals successful – Law Society’s Gazette

‘Two-thirds of cases referred to the Criminal Cases Review Commission (CCRC) for suspected miscarriages of justice have succeeded on appeal, the government has revealed.’

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Law Society’s Gazette, 6th May 2016

Source: www.lawgazette.co.uk

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Afghan interpreter asks ‘how many more must die’ as he loses High Court fight – Daily Telegraph

Posted May 10th, 2016 in Afghanistan, appeals, armed forces, immigration, interpreters, news by sally

‘An Afghan interpreter who served alongside British troops on the front line has pleaded to be “allowed to live in safety, free of threats from the Taliban” after losing his High Court fight for better protection.’

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Daily Telegraph, 9th May 2016

Source: www.telegraph.co.uk

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Childcare vouchers and maternity leave – Law Society’s Gazette

‘Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.’

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Law Society’s Gazette, 9th May 2016

Source: www.lawgazette.co.uk

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UK courts adopt contrasting approaches to appeals against HSE inspection notices – OUT-LAW.com

Posted May 6th, 2016 in appeals, health & safety, judicial review, news, Scotland by tracey

‘Tribunals are entitled to take into account information that was not available to a health and safety inspector at the time that a notice was issued when hearing an appeal against that notice, the Scottish appeal court has ruled.’

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OUT-LAW.com, 4th May 2016

Source: www.out-law.com

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High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Time to challenge appeal begins at date of award, says High Court – OUT-LAW.com

Posted May 3rd, 2016 in appeals, arbitration, delay, fees, news, time limits by tracey

‘The time allowed to challenge an arbitration award begins on the date that the award is made, and not when the parties receive it, the High Court in England has said.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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Age assessment and litigation fairness – Local Government Lawyer

Posted May 3rd, 2016 in appeals, children, immigration, news, social services, tribunals by tracey

‘The Court of Appeal has handed down a wide-reaching judgment that directly concerns age assessment cases, but the principles enunciated apply to all litigation (private and public), writes Peter Oldham QC.’

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Local Government Lawyer, 28th April 2016

Source: www.localgovernmentlawyer.co.uk

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Murder conviction of Chinese MI6 informant referred to appeal court – The Guardian

Posted April 29th, 2016 in appeals, informers, intelligence services, murder, news by tracey

‘The murder conviction of a leading Chinese dissident and MI6 informant has been referred to the court of appeal after the Guardian uncovered evidence that was withheld by the police.’

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The Guardian, 28th April 2016

Source: www.guardian.co.uk

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So Long(more): An end to the re-formulated Ghosh test for dishonesty in professional disciplinary cases? – 4 King’s Bench Walk

Posted April 27th, 2016 in appeals, disciplinary procedures, news, professional conduct by sally

‘In Hussain v GMC Lord Justice Longmore suggested the objective test for dishonesty in disciplinary proceedings should reflect the standards of members of the profession rather than the general public. That suggestion was taken up with varying degrees of enthusiasm by disciplinary panels, legal advisers and the courts. Andrew Granville Stafford argues that the recent Court of Appeal case of R v Hayes has effectively ended any need to apply the Longmore formulation.’

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4 King’s Bench Walk, 27th April 2016

Source: www.4kbw.co.uk

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