Category: appeals

Faraday Development Ltd v West Berkshire Council: Court of Appeal gives important guidance on development agreements and options, and declares contract ineffective – 11 KBW

Posted December 11th, 2018 in appeals, competition, drafting, local government, news, public procurement by sally

‘The Court of Appeal has given judgment in Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2532 . The main judgment was given by Lindblom LJ. The claimant’s appeal against the first instance judgment of Holgate J was allowed, and the Court made the first declaration of ineffectiveness seen in an English public procurement case since the remedy was introduced in 2009 (there has previously been one such declaration in Scotland).’

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11 KBW, 15th November 2018

Source: www.11kbw.com

Richard Slade & Co v Boodia: Court of Appeal rules in favour of solicitors’ practice on billing – 4 New Square

Posted December 11th, 2018 in appeals, costs, fees, news, solicitors by sally

‘Yesterday [27 November], the Court of Appeal handed down judgment in Richard Slade & Co v Boodia [2018] EWCA Civ 2667, resolving much of the confusion and concern that had fomented around the now reversed High Court decision and the issue of interim statute bills generally.’

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4 New Square, 28th November 2018

Source: www.4newsquare.com

New Judgment: London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 – UKSC Blog

Posted December 11th, 2018 in appeals, local government, London, news, roads, Supreme Court by sally

‘This appeal considered whether the effect of a Transfer Order, which transferred to Transport for London certain roads in London, was only to transfer the surface of the highway and sufficient sub-soil (normally called the two top spits) as is necessary for the maintenance of the surface, or whether it was to transfer to TfL the entire interest held by the council in the land on which the highway ran.’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

Posted December 11th, 2018 in appeals, EC law, employment, judges, judiciary, limitations, news, part-time work, pensions, Supreme Court by sally

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

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Cloisters, 7th November 2018

Source: www.cloisters.com

British Telecommunications plc v Office of Communications – Blackstone Chambers

Posted December 11th, 2018 in appeals, competition, costs, news, ombudsmen, telecommunications, tribunals by sally

‘The Court of Appeal has overturned the Competition Appeal Tribunal’s approach to awarding costs against Ofcom in telecommunications appeals.’

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Blackstone Chambers, 15th November 2018

Source: www.blackstonechambers.com

New Judgment: S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 – UKSC Blog

Posted December 11th, 2018 in appeals, landlord & tenant, leases, news, repairs, repossession, statutory interpretation, Supreme Court by sally

‘This appeal considered the construction of the Landlord and Tenant Act 1954. It specifically considered whether a landlord which intends to carry out works if, and only if, those works are necessary to satisfy s 30(1)(f), and which offers an undertaking to carry out those works in the form of the undertaking given by the respondent in the present case, has the requisite intention for the purposes of ground (f). It also considered whether a landlord whose sole or predominant commercial objective is to undertake works in order to fulfil ground (f) and thereby avoid the grant of a new lease to the tenant, and which offers an undertaking to carry out those works in the form of an undertaking given in the present case, has the requisite intention for the purposes of ground (f).’

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UKSC Blog, 5th December 2018

Source: ukscblog.com

Court applies state aid rules in lease dispute – 11 KBW

Posted December 11th, 2018 in appeals, leases, local government, news, sport, state aids by sally

‘James Goudie QC explains how the Court of Appeal reached its conclusion, in a dispute over a lease extension, that the extension granted to the owners of a football club by a local authority was not state aid.’

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11 KBW, 13th November 2018

Source: www.11kbw.com

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

Posted December 11th, 2018 in Administrative Court, appeals, deceit, disciplinary procedures, mental health, negligence, news, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

Coal mine could be built next to one of Northumberland’s most beautiful beaches after High Court appeal – Daily Telegraph

Posted December 11th, 2018 in appeals, energy, environmental protection, miners, news by sally

‘An opencast coal mine could be built next to one of Northumerbland’s most beautiful beaches after The Court of Appeal overturned Savid Javid’s decision to block the scheme.’

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Daily Telegraph, 8th December 2018

Source: www.telegraph.co.uk

Man found guilty of 1986 Brighton ‘babes in the wood’ murders – The Guardian

Posted December 11th, 2018 in appeals, child abuse, children, forensic science, murder, news, retrials, sexual offences by sally

‘A convicted paedophile has been found guilty of the “babes in the wood” murders at the end of a retrial that drew on scientific advances in forensics 32 years after two schoolgirls were killed.’

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The Guardian, 10th December 2018

Source: www.theguardian.com

Discrimination claims against leading firm an “abuse of process” – Legal Futures

Posted December 11th, 2018 in abuse of process, appeals, employment tribunals, harassment, litigants in person, news, race discrimination, time limits by sally

‘An employment tribunal has ruled that claims of racial discrimination and harassment brought against national firm Shoosmiths amount to an abuse of process.’

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Legal Futures, 11th December 2018

Source: www.legalfutures.co.uk

Case Comments: KO (Nigeria) v Secretary of State for the Home Department [2018] UKSC 53 and Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58 – UKSC Blog

Posted December 7th, 2018 in appeals, children, deportation, families, human rights, immigration, news, privacy, public interest, Supreme Court by tracey

‘ECHR, art 8 prevents someone from being removed from the UK where doing so would have a disproportionate impact on their private life and/or family life. Where a migrant seeks to rely on art 8, it is accordingly necessary for the Home Office, or on appeal the First-tier Tribunal, to conduct a balancing exercise between the individual’s private and family life rights on the one hand and the ‘public interest’ on the other.’

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UKSC Blog, 4th December 2018

Source: ukscblog.com

BT loses appeal to change method of pensions calculation – The Guardian

Posted December 5th, 2018 in appeals, news, pensions, shareholders by sally

‘BT has lost a legal bid to make changes to its pension scheme that unions claim would have transferred an estimated £2bn of wealth from scheme members to shareholders.’

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The Guardian, 4th December 2018

Source: www.theguardian.com

Owner of Grade II listed house loses appeal over removal of limestone piers – Local Government Lawyer

Posted December 3rd, 2018 in appeals, listed buildings, local government, news, planning, statutory interpretation by tracey

‘Being on the register of listed buildings is enough to give a structure protection and its validity cannot be challenged in disputes over enforcement, the Court of Appeal has ruled.’

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Local Government Lawyer, 29th November 2018

Source: www.localgovernmentlawyer.co.uk

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

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Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Former postman wrongfully convicted of attempted rape to sue police force over forensic failings – The Independent

Posted November 29th, 2018 in appeals, compensation, damages, forensic science, news, police, professional conduct, rape, sexual offences, Supreme Court by tracey

‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’

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The Independent, 28th November 2018

Source: www.telegraph.co.uk

Solicitors win on appeal over status of costs bills – Law Society’s Gazette

Posted November 28th, 2018 in appeals, costs, law firms, news by tracey

‘The Court of Appeal has allowed a challenge from a law firm whose former clients wanted a full assessment of more than £200,000 in billed costs. Lord Justice Newey overturned a High Court ruling which had held that a statute bill served by a law firm should contain details of disbursements.’

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Law Society's Gazette, 28th November 2018

Source: www.lawgazette.co.uk

Terminally ill Noel Conway loses Supreme Court appeal – BBC News

Posted November 28th, 2018 in appeals, assisted suicide, human rights, news, Supreme Court by tracey

‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’

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BBC News, 27th November 2018

Source: www.bbc.co.uk

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

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Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

Posted November 27th, 2018 in appeals, autism, children, disabled persons, education, equality, learning difficulties, news, tribunals, violence by tracey

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

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UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com