Category: appeals

In the heat of the moment : the statutory concept of dismissal and impulsive resignations – by Hugh Collins – UK Labour Law

Posted March 27th, 2024 in appeals, contract of employment, employment, employment tribunals, news by sally

‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’

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UK Labour Law, 26th March 2024

Source: uklabourlawblog.com

Court of Appeal dismisses Tesco appeal in Lidl logo dispute – OUT-LAW.com

Posted March 27th, 2024 in appeals, intellectual property, news, trade marks by sally

‘A recent Court of Appeal judgment in a branding dispute between two UK supermarkets highlights the real challenge of appeals, an expert has said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

Posted March 26th, 2024 in appeals, citizenship, immigration, news, proscribed organisations, Supreme Court, terrorism by tracey

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

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The Independent, 25th March 2024

Source: www.independent.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by tracey

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

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Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Party escapes £27,000 costs bill in 14-year-old boundary dispute – Law Society’s Gazette

Posted March 25th, 2024 in appeals, boundaries, civil procedure rules, costs, damages, news, trespass by tracey

‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’

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Law Society’s Gazette, 25th March 2024

Source: www.lawgazette.co.uk

Miller v Irwin Mitchell LLP – Hailsham Chambers

Posted March 20th, 2024 in appeals, chambers articles, duty of care, law firms, news, solicitors by sally

‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’

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Hailsham Chambers, 5th February 2024

Source: www.hailshamchambers.com

Tesco to change Clubcard logo after losing Lidl legal battle – BBC News

Posted March 20th, 2024 in appeals, intellectual property, news, trade marks by sally

‘Tesco has been told to stop using its Clubcard Prices logo after losing a long legal battle with rival Lidl.’

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BBC News, 19th March 2024

Source: www.bbc.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

Posted March 18th, 2024 in appeals, disabled persons, jurisdiction, learning difficulties, local government, marriage, news by tracey

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

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Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

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Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk

Construing non-assignment – could a party be responsible for assignment arising as a matter of law? (Dassault Aviation v Mitsui Sumitomo Insurance) – Gatehouse Chambers

Posted March 15th, 2024 in appeals, assignment, chambers articles, contracts, insurance, interpretation, news by sally

‘The Court of Appeal applied ordinary black letter contractual interpretation in construing a non-assignment clause in a contract for sale.’

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Gatehouse Chambers, 14th February 2024

Source: gatehouselaw.co.uk

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

Posted March 15th, 2024 in appeals, asylum, bills, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

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UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

Jailed bankers appeal against interest rate ‘rigging’ convictions – BBC News

Posted March 15th, 2024 in appeals, banking, Criminal Cases Review Commission, interest, miscarriage of justice, news, rates, Serious Fraud Office by sally

‘Two former bankers jailed for rigging interest rates are appealing against their convictions after an eight-year battle to clear their names.’

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BBC News, 14th March 2024

Source: www.bbc.co.uk

Court of appeal decides the secretary of state is wrong, wrong, wrong: the charter applies to people with pre-settled status – Journal of Social Welfare and Family Law

Posted March 13th, 2024 in appeals, benefits, brexit, freedom of movement, government departments, human rights, immigration, news by sally

‘Previously in the saga of benefits and pre-settled status (PSS – the status awarded to EU nationals and their family members covered by the Withdrawal Agreement if they have been in the UK less than 5 years), the UK government introduced regulations in 2019 stipulating that PSS awarded under the EU Settlement Scheme was not a sufficient right to reside for EU nationals to pass the habitual residence test when claiming many benefits. These regulations were challenged on the basis that they were discriminatory on the grounds of nationality, and while the Court of Appeal (COA) agreed in Fratila v SSWP [2020] EWCA Civ 1741, the Court of Justice of the European Union (CJEU) found in CG that people with PSS were not protected from nationality discrimination (Case C-709/20 CG v The Department for Communities in Northern Ireland EU:C:2021:602).’

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Journal of Social Welfare and Family Law, 8th March 2024

Source: www.tandfonline.com

Solicitor jailed after falling for scam loses appeal against sentence – Legal Futures

Posted March 13th, 2024 in appeals, fraud, imprisonment, law firms, news, sentencing, solicitors by sally

‘The former senior partner of a Norfolk law firm, jailed for four years last September for fraud, has failed in his appeal against sentence.’

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Legal Futures, 13th March 2024

Source: www.legalfutures.co.uk

Revised litigation funding agreements piling up at Court of Appeal – Legal Futures

Posted March 12th, 2024 in agreements, appeals, champerty, competition, news by tracey

‘The Competition Appeal Tribunal (CAT) has granted permission for another rewritten litigation funding agreement (LFA) to go before the Court of Appeal.’

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Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

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Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

Implementation – deviation from plans – Local Government Lawyer

Posted March 11th, 2024 in appeals, change of use, housing, judicial review, local government, news, planning by tracey

‘Roderick Morton analyses a recent case which examined, amongst other things, whether a permission can be considered implemented if there is deviation from the approved plans.’

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Local Government Lawyer, 8th March 2024

Source: www.localgovernmentlawyer.co.uk

Reasonable Adjustments and Recording Tribunal Proceedings: Bella v Barclays Execution Services Ltd & Ors [2024] EAT 16 – Parklane Plowden Chambers

Posted March 8th, 2024 in appeals, chambers articles, disabled persons, employment, employment tribunals, equality, news by sally

‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’

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Parklane Plowden Chambers, 27th February 2024

Source: www.parklaneplowden.co.uk