Rail penalty fares: Passengers could get new appeals body – BBC News

Posted December 12th, 2016 in appeals, fines, news, penalties, railways by sally

‘Rail passengers who challenge the issuing of a penalty fare could soon be able to turn to a new, independent appeals panel in England and Wales.’

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BBC News, 10th December 2016

Source: www.bbc.co.uk

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Clinical Negligence Appeal – Findings Must be Justified on the Evidence! – Zenith PI Blog

Posted December 9th, 2016 in appeals, cosmetic surgery, damages, negligence, news by sally

‘This was an appeal against an order made by His Honour Judge Davey QC in the Bradford County Court on 05/06/16 where the judge awarded damages in the sum of £14,378.47 to the Claimant/Respondent, Mrs Claire Worrall (C) against the Defendant/Appellant, Dr Antoniadou (D).’

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Zenith PI Blog, 9th December 2016

Source: www.zenithpi.wordpress.com

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Rather too certain to be uncertain – Nearly Legal

Posted December 9th, 2016 in appeals, contracts, council tax, landlord & tenant, news, tribunals, valuation by sally

‘This was Leeds’ second appeal of a Valuation Tribunal decision on council tax liability. We covered the first High Court appeal here. Full disclosure, I acted for the intervener in this second appeal, the Residential Landlords Association, with Justin Bates (or as it turns out, Bate) as counsel.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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Don’t try this at home – Nearly Legal

Posted December 9th, 2016 in appeals, damages, landlord & tenant, news by sally

‘In which the court of appeal almost but not quite consider the notice requirements for licencees excluded from the Protection from Eviction Act 1977.’

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Nearly Legal, 8th December 2016

Source: www.nearlylegal.co.uk

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Housing benefit – Local Government Law

Posted December 8th, 2016 in appeals, benefits, housing, local government, news, social security, tribunals by tracey

‘Housing benefit is “a means tested benefit provided under section 130 of the Social Security Contributions and Benefits Act 1992 and subordinate regulations”. Its “purpose is to help claimants with their rental costs”. There is “a prescribed mechanism for determining in each case the appropriate maximum housing benefit”.’

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Local Government Law, 5th December 2016

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

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Music talent show was ‘independently created’ and did not involve a misuse of confidential information, rules Court of Appeal – OUT-LAW.com

Posted December 8th, 2016 in appeals, enforcement, intellectual property, media, news by tracey

‘A music talent show broadcast on Sky was “independently created”, the UK Court of Appeal has ruled, dismissing claims that the show copied features contained in a pitch for another talent show made to the broadcaster the year previously.’

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OUT-LAW.com, 7th December 2016

Source: www.out-law.com

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Children: Public Law Update (December 2016) – Family Law Week

Posted December 8th, 2016 in adoption, appeals, care orders, families, fostering, legal representation, news, witnesses by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent important judgments in the field of public children law.’

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Family Law Week, 7th December 2016

Source: www.familylawweek.co.uk

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Hospital chaplain loses same-sex wedding discrimination appeal – The Guardian

‘A Church of England hospital chaplain has lost his claim that he was discriminated against when his licence to work was withdrawn after he married his same-sex partner, in a case that gay rights campaigners hoped would force the church to change its stance.’

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The Guardian, 7th December 2016

Source: www.guardian.co.uk

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Husband ordered to leave home over wife mistreatment claims – BBC News

Posted December 6th, 2016 in appeals, domestic violence, married persons, news by sally

A 67-year-old millionaire has been ordered by a judge to leave his home after his wife said she had been used as “an emotional punch bag”.

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BBC News, 5th December 2016

Source: www.bbc.co.uk

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Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

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UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

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The Duty the Police Owe to the Police – Zenith PI Blog

Posted December 6th, 2016 in appeals, duty of care, legal representation, London, news, police, striking out by sally

‘The case concerns an appeal against the Order of Mr Justice Jay in which he struck out claims brought by a number of serving officers of the Metropolitan Police against their Commissioner.’

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Zenith PI Blog, 5th December 2016

Source: www.zenithpi.wordpress.com

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Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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High Court clarifies that there is a distinction between a barn “conversion” and a “rebuild” in context of permitted development – No. 5 Chambers

Posted December 1st, 2016 in appeals, housing, news, planning by sally

‘The Claimants proposed to develop a 30 metre, steel-framed barn, which was largely open on three sides, on their land at Wysall, Nottinghamshire into a dwelling-house. They sought approval from Rushcliffe Borough Council (“the Council”) arguing that planning permission was not required on the basis that the proposed works constituted a “permitted development”. After the Council refused and an appeal to a the Secretary of State failed, the Claimants applied to the High Court under section 288 Town and Country Planning Act 1990 to quash the decision of the Inspector refusing the appeal.’

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No. 5 Chambers, 18th November 2016

Source: www.no5.com

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Excalibur and third party funders – guidance from the Court of Appeal – Hardwicke Chambers

Posted December 1st, 2016 in appeals, costs, news, third parties by sally

‘The Court of Appeal has this morning handed down its judgment in the case of Excalibur Ventures LLC v Texas Keystone Inc and others, a decision that is of great importance to third party funders and their potential liability for adverse costs.’

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Hardwicke Chambers, 18th November 2016

Source: www.hardwicke.co.uk

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Lord Howard convicted of failing to say who was driving his car when it was caught speeding – Daily Telegraph

‘Former Tory leader Michael Howard has been convicted of failing to say who was driving his car when it was caught by a speed camera.’

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Daily Telegraph, 1st December 2016

Source: www.telegraph.co.uk

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Tobacco firms lose plain packaging appeal – BBC News

Posted December 1st, 2016 in advertising, appeals, news, smoking by sally

‘Three tobacco companies have lost their appeal against the government’s plain packaging rules for cigarettes packs.’

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BBC News, 30th November 2016

Source: www.bbc.co.uk

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Mother who stamped daughter to death appeals conviction because her lawyer was interrupted by judge – The Independent

Posted December 1st, 2016 in appeals, child cruelty, judges, news, trials by sally

‘A mother who was jailed for life after stamping to death her 21-month-old daughter has launched an appeal against her conviction.’

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The Independent, 1st December 2016

Source: www.independent.co.uk

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Witness Protection: Can non-parties appeal critical findings made in a judgment which infringe their human rights? – UK Human Rights Blog

Posted November 30th, 2016 in appeals, human rights, jurisdiction, local government, news, police, social services, witnesses by tracey

‘Re: W (A child) [2016] EWCA Civ 1140. A Family Court judgment was severely critical of two witnesses and the applicant local authority. In an oral “bullet point” judgment at the end of the hearing, the Judge found that the witnesses, a social worker (“SW”) and a police officer (“PO”), had improperly conspired to prove certain allegations regardless of the truth, or professional guidelines.’

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UK Human Rights Blog, 30th November 2016

Source: www.ukhumanrightsblog.com

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Not just any contract… – New Law Journal

Posted November 29th, 2016 in appeals, contracts, drafting, news, rent, Supreme Court by sally

‘Andrew Burns QC & Ishaani Shrivastava examine the implication & construction of contract terms following Marks & Spencer.’

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New Law Journal, 25th November 2016

Source: www.newlawjournal.co.uk

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Third party funders as liable for indemnity costs as any other fees, appeal court rules – OUT-LAW.com

Posted November 29th, 2016 in appeals, costs, indemnities, news, third parties by sally

‘Commercial third party funders are liable for the costs consequences of a litigant’s misconduct, regardless of whether they themselves were guilty of any “discreditable conduct or conduct which could be criticised”, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th November 2016

Source: www.out-law.com

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