‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

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Family Law Week, 22nd July 2016

Source: www.familylawweek.co.uk

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The Human Rights Act helps us hold power to account. We must defend it – The Guardian

‘Protestors like John Catt are being monitored by the state without explanation – except that they ‘could be a victim’ of a future crime. What’s going on?’

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers

Posted July 26th, 2016 in appeals, defences, illegality, news, Supreme Court by sally

‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’

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Henderson Chambers, 25th July 2016

Source: www.hendersonchambers.co.uk

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‘Collateral’ lies need not spoil insurance claims, rules Supreme Court – BBC News

Posted July 22nd, 2016 in fraud, insurance, news, shipping law, Supreme Court by sally

‘Lying on an insurance claim should not necessarily invalidate it, the Supreme Court has said, in a judgement likely to affect all household policies.’

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BBC News, 20th July 2016

Source: www.bbc.co.uk

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Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

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Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

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Supreme Court rejects Wiltshire resident’s appeal against solar farm – OUT-LAW.com

Posted July 15th, 2016 in appeals, energy, news, planning, Supreme Court, time limits by tracey

‘An appeal against the grant of planning permission to a solar farm in Wiltshire “does not raise an arguable point of law of general public importance”, and may not be appealed to the Supreme Court.’

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OUT-LAW.com, 13th July 2016

Source: www.out-law.com

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Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

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UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

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The Human Right Not To Hide. Celebrating The Anniversary Of A Landmark LGBTQ Case – RightsInfo

‘Six years ago tomorrow [7 July], the UK Supreme Court said that gay people should not have to hide their sexuality in order to avoid persecution in their home country.’

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RightsInfo, 6th July 2016

Source: www.rightsinfo.org

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Supreme Court revamp raises hopes for women – Law Society’s Gazette

Posted July 13th, 2016 in diversity, equality, judges, judiciary, news, Supreme Court, women by sally

‘The Supreme Court is expected to revamp its judicial selection process, which could result in more women filling vacancies.’

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Law Society’s Gazette, 12th July 2016

Source: www.lawgazette.co.uk

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Lingerie firm wins court fight over tax on bras for breast cancer patients – Daily Telegraph

‘Lingerie company bosses have won a Supreme Court fight over tax on special bras worn by women who have had a mastectomy.’

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Daily Telegraph, 13th July 2016

Source: www.telegraph.co.uk

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Right to light appeal: bad conduct ‘key factor’ in grant of injunction, experts say – OUT-LAW.com

‘The Court of Appeal has upheld an injunction over what was a relatively minor breach of a right to light, primarily because of the developer’s poor conduct throughout the dispute.’

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OUT-LAW.com, 12th July 2016

Source: www.out-law.com

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Avoid/evade – Counsel

‘Recent news analysis of the Panama Papers, and high-profile-personality stakes in offshore funds, have turned up the heat in the tax avoid v evade debate. Kevin Prosser QC sheds light on this greyest of areas.’

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Counsel, July 2016

Source: www.counselmagazine.co.uk

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McDonald (by her litigation friend) v McDonald and others [2016] UKSC 28 – Henderson Chambers

‘In this alerter Hannah Curtain & George Mallet consider the Supreme Court’s decision in McDonald (by her litigation friend) v McDonald and Ors [2016] UKSC 28.’

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Henderson Chambers, June 2016

Source: www.hendersonchambers.co.uk

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Female barristers report high level of sexual harassment at work – The Guardian

‘Female barristers are frequently subject to sexual harassment and discrimination but are reluctant to complain for fear it might damage their careers, research has revealed.’

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The Guardian, 12th July 2016

Source: www.guardian.co.uk

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How To Prevent Miscarriages Of Justice: Let Journalists Speak To Prisoners – RightsInfo

’17 years ago, the highest court in the UK declared that a policy prohibiting journalists from interviewing prisoners to uncover potential miscarriages of justice violated the right to free expression.’

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RightsInfo, 8th July 2016

Source: www.rightsinfo.org

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Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

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Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

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Supreme Court to give reasons for allowing appeal over legal aid residence test – Local Government Lawyer

‘The Supreme Court will next week give its reasons as to why it concluded that the Ministry of Justice’s introduction of a residence test for civil legal aid via secondary legislation was unlawful.’

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Local Government Lawyer, 7th July 2016

Source: www.localgovernmentlawyer.co.uk

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Another door closes for the Chagossians – UK Human Rights Blog

‘In R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35, the Supreme Court last week dismissed the attempt to set aside the House of Lord’s controversial 2008 decision in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61. The challenge was grounded in the disclosure of documents in the parallel proceedings of Bancoult No 3 relating to the reliability of a feasibility study into the long term viability of settlement in Chagos Islands.’

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UK Human Rights Blog, 6th July 2016

Source: www.ukhumanrightsblog.com

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In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening) – WLR Daily

In re D (A Child) (Recognition of Foreign Order) (Reunite Child Abduction Centre and another intervening)

‘In litigation in Romania concerning the care and custody of a 10 year-old child born to Romanian parents who had lived most of his life with his mother in England, the Bucharest Court of Appeal awarded custody of the child to his father. The father obtained an order in the High Court for recognition and registration of that decision under article 21(2) of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility. The mother appealed to a High Court judge pursuant to article 33 of the Regulation. The judge, allowing the appeal, refused recognition of the Romanian court order under article 23(b) on the ground that the order had been made without the child having been given an opportunity to be heard. The father, having unsuccessfully appealed to the Court of Appeal, obtained leave for a further appeal to the Supreme Court. Upon the mother challenging the father’s right to a further appeal, the Supreme Court convened a preliminary hearing to determine whether it had jurisdiction to proceed with the appeal.’

WLR Daily, 29th June 2015

Source: www.iclr.co.uk

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