Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by tracey

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

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Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by tracey

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

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Max Clifford appeals against 8-year prison sentence for indecent assaults – The Guardian

Posted September 18th, 2014 in appeals, news, sentencing, sexual offences by tracey

‘Disgraced PR guru Max Clifford has launched an appeal against his eight-year prison sentence. The 71-year-old was convicted in May of eight counts of indecent assaults on four women, carried out between 1977 and 1984.’

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The Guardian, 17th September 2014

Source: www.guardian.co.uk

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Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by tracey

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

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Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

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SAS selection deaths: inquest delayed until 2015 – BBC News

Posted September 16th, 2014 in appeals, armed forces, Crown Prosecution Service, delay, homicide, inquests, negligence, news by tracey

‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’

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BBC News, 16th September 2014

Source: www.bbc.co.uk

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Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

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UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

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Fraud divorce case goes to Supreme Court – Law Society’s Gazette

‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’

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Law Society’s Gazette, 5th September 2014

Source: www.lawgazette.co.uk

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Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

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Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

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The public sector equality duty and priority need – NearlyLegal

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

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NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

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When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph

Posted September 5th, 2014 in appeals, criminal justice, DNA, evidence, expert witnesses, miscarriage of justice, news by tracey

‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘

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Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

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Dog lead mother Jacqueline Angrave jailed after appeal – BBC News

Posted September 3rd, 2014 in appeals, child abuse, child cruelty, mental health, news, psychiatric damage, sentencing by sally

‘A mother who walked her daughter to school on a dog lead during a “campaign of cruelty” has been jailed at the second time of asking.’

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BBC News, 3rd September 2014

Source: www.bbc.co.uk

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Exeter stabbing stalker in sentence appeal – BBC News

Posted September 2nd, 2014 in appeals, attempts, harassment, murder, news, sentencing by sally

‘A stalker who subjected a neighbour to a five-year campaign of intimidation before stabbing her is trying to have his life sentence for attempted murder overturned.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

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FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog

Posted September 1st, 2014 in appeals, arbitration, compensation, complaints, financial services ombudsman, news by sally

‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’

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Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk

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Legal Update: disclosure, formats and context – Law Society’s Gazette

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

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Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

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Supreme Court agrees to hear key case on intentional homelessness – Local Government Lawyer

Posted August 29th, 2014 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’

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Local Government Lawyer, 28th August 2014

Source: www.localgovernmentlawyer.co.uk

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Victims’ right to review – could it affect the criminal justice system? – Halsbury’s Law Exchange

Posted August 28th, 2014 in appeals, criminal justice, Crown Prosecution Service, news, victims by sally

‘Several criminals have been found guilty after victims of crime successfully appealed against the CPS’ original decisions not to bring charges. What has been the effect of the introduction of the “right to review scheme”? And could it affect the criminal justice system?’

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Halsbury’s Law Exchange, 28th August 2014

Source: www.halsburyslawexchange.co.uk

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The perils of skiing, reduced bonuses and missed deadlines – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, law firms, negligence, news, time limits by sally

‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’

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Commercial Disputes Blog, 26th August 2014

Source: www.rpc.co.uk

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First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, news, subsidiary companies, taxation, tribunals by sally

‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’

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Commercial Disputes Blog, 27th August 2014

Source: www.rpc.co.uk

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