Supreme Court: No dispensation for LiPs in complying with rules and orders – Litigation Futures

‘A lack of representation may mean that litigants in person (LiPs) are afforded some latitude in case management decisions and in hearings, but it will “not usually justify” applying a lower standard of compliance with rules or court orders, the Supreme Court said today.’

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Litigation Futures, 21st February 2018

Source: www.litigationfutures.com

Supreme Court: no indulgence for litigants in person – Family Law

‘Mr Barton is a seasoned litigator. He first sued, and eventually settled with, lawyers who had dealt with financial relief proceedings for him. The defendants in the later Barton v Wright Hassall LLP [2018] UKSC 12 acted for him in his claim against those original lawyers after Wright Hassall (WH) had come of the court record in a dispute over fees. WH sued him for their fees and obtained a summary judgment. Mr Barton, acting in person (a litigant in person (LiP)) claimed against WH in professional negligence.’

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Family Law, 22nd February 2018

Source: www.familylaw.co.uk

Alfie Evans: Appeal against ending life support – BBC News

Posted February 22nd, 2018 in appeals, children, medical treatment, news by sally

‘The family of a seriously ill boy is to appeal against a High Court ruling allowing doctors to switch off his life-support.’

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BBC News, 22nd February 2018

Source: www.bbc.co.uk

Not so fast-track! Holding a standard misconduct hearing after a quashed fast-track decision – UK Police Law Blog

Posted February 21st, 2018 in appeals, misfeasance in public office, news, police, tribunals by tracey

‘Where an officer is dismissed at a fast-track hearing, based upon a conviction which is then subsequently overturned, a Police Appeals Tribunal (“PAT”) will likely allow the misconduct appeal. In such circumstances, there has been no finding on the merits in misconduct proceedings to prevent the officer from facing a subsequent standard-track hearing. So said the Court of Appeal in CC Nottinghamshire v R (Gray) [2018] EWCA Civ 34.’

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UK Police Law Blog, 13th February 2018

Source: ukpolicelawblog.com

Lauri Love case: US abandons extradition case – BBC News

Posted February 20th, 2018 in appeals, computer crime, extradition, news by sally

‘Efforts to extradite alleged computer hacker Lauri Love have been abandoned by US authorities.’

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BBC News, 19th February 2018

Source: www.bbc.co.uk

Key gig economy case reaches Supreme Court – BBC News

Posted February 20th, 2018 in appeals, employment, news, self-employment, Supreme Court by sally

‘A plumber’s legal battle for working rights will be closely watched by “gig economy” workers when it reaches the Supreme Court on Tuesday.’

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BBC News, 20th February 2018

Source: www.bbc.co.uk

Judge quashes grant of permission for holiday park over failure to give reasons – Local Government Lawyer

Posted February 19th, 2018 in appeals, environmental protection, news, planning, reasons by sally

‘A Planning Court judge has quashed Shepway District Council’s grant of planning permission for a holiday park in an Area of Outstanding Natural Beauty.’

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Local Government Lawyer, 19th February 2018

Source: www.localgovernmentlawyer.co.uk

Supreme Court: Environment Agency must compensate fisherman for ‘disproportionate’ fishing restrictions – OUT-LAW.com

‘The Environment Agency (EA) must compensate a fisherman for the “severe and disproportionate” effect of conditions imposed on his fishing license limiting the number of fish he can catch in one year, the UK Supreme Court has ruled.’

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OUT-LAW.com, 16th February 2018

Source: www.out-law.com

Auctions for 4G and 5G spectrum imminent following Court of Appeal ruling – OUT-LAW.com

Posted February 16th, 2018 in appeals, competition, news, telecommunications by sally

‘Formal bidding for spectrum identified as central to ‘4G’ and future ‘5G’ services in the UK is set to commence after the Court of Appeal rejected a legal challenge against the rules set for the auction.’

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OUT-LAW.com, 15th February 2018

Source: www.out-law.com

Law Pod UK Ep.23: Lawsuits against the police for arrest operations – 1 COR

Posted February 15th, 2018 in appeals, duty of care, emergency services, news, police, Supreme Court by sally

‘The Supreme Court’s ruling on police tactics may have implications for other emergency services, as Isabel McArdle explains to Rosalind English.’

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Law Pod UK, 14th February 2018

Source: audioboom.com

Court of Appeal castigates judge who thought litigant with severe depression was “putting on act” – Litigation Futures

Posted February 15th, 2018 in appeals, costs, evidence, judges, mental health, news, setting aside by sally

‘A senior circuit judge who “clearly thought” that a litigant with severe depression was “putting on an act” has been strongly attacked by the vice-president of the civil division of the Court of Appeal.’

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Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

Ex-slave wins appeal against ‘unlawful’ Home Office guidance – BBC News

Posted February 14th, 2018 in appeals, forced labour, immigration, news, trafficking in human beings by michael

“A former child slave has won a court fight against the Home Office after its immigration guidance was deemed unlawful.”

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BBC News, 13th February 2018

Source: www.bbc.co.uk

No power to grant immigration bail if no power to detain – UK Human Rights Blog

Posted February 13th, 2018 in appeals, bail, detention, immigration, news, Supreme Court by sally

‘On 8th February 2018, the Supreme Court held that the power to grant bail and impose bail conditions in respect of a person pending deportation ceases to be lawful if there is no legal basis for detaining that person. The power to impose bail conditions is inextricably linked to the power of detention. Once the Home Secretary ceases to have the power to detain a person under immigration law, she can’t then impose conditions on that person’s freedom through bail conditions.’

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UK Human Rights Blog, 13th February 2018

Source: ukhumanrightsblog.com

High Court: SRA should have held oral hearing before deciding not to admit would-be solicitor – Legal Futures

‘The High Court has ordered the Solicitors Regulation Authority (SRA) to make a fresh judgment of a would-be solicitor’s character and suitability to join the profession after finding that it had wrongly denied her an oral hearing to explain an issue that it decided showed dishonesty.’

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Legal Futures, 12th February 2018

Source: www.legalfutures.co.uk

It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by tracey

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

Police wrongly pursued retired fire chief rather than investigate blackmail claim against fantasist who accused him of rape – Daily Telegraph

Posted February 12th, 2018 in appeals, blackmail, miscarriage of justice, news, police, rape by tracey

‘Police wrongly pursued a rape case against a retired fire chief rather than investigate a blackmail claim against the fantasist who made the allegation, the Telegraph can disclose. David Bryant, 67, spent almost three years in jail after being convicted of rape in a miscarriage of justice that further plunges into crisis the police handling of sex abuse cases. Mr Bryant’s conviction was overturned in the Court of Appeal and now a High Court judge has raised serious questions over a police force’s failure to investigate his accuser.’

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Daily Telegraph, 10th February 2018

Source: www.telegraph.co.uk

An assault on Hill? Police liability in negligence positively narrowed – UK Police Law Blog

Posted February 8th, 2018 in appeals, negligence, news, police, Supreme Court by tracey

‘In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence save in exceptional circumstances as a result of alleged failures in their core operational duties. Now, where a third party such as a pedestrian is injured as a result of a negligent arrest on the street by a police officer, the police are liable in negligence where that injury was a reasonably foreseeable consequence of the police’s actions.’

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UK Police Law Blog, 8th February 2018

Source: ukpolicelawblog.com

Getting out of jail interest-free – UK Police Law Blog

Posted February 8th, 2018 in appeals, confiscation, enforcement, news, sentencing, Supreme Court by tracey

‘When a person convicted in the Crown Court has an additional prison term enforced by the Magistrates for having only part paid of a confiscation order, he is entitled to a reduction in that term proportionate to the money that has been paid. R (Gibson) v Secretary of State for Justice [2018] UKSC 2; [2018] 1 WLR 629 confirmed that the starting point for calculating this reduction is the original sum ordered by the Crown Court, and not the larger sum including interest that had accrued by the date of the Magistrates’ enforcement.’

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UK Police Law Blog, 6th February 2018

Source: ukpolicelawblog.com

Isaiah Haastrup father to appeal over decision to end life support – The Guardian

Posted February 7th, 2018 in appeals, birth, children, consent, medical treatment, news by tracey

‘The father of a boy with brain damage is preparing an appeal against a high court ruling allowing doctors to stop providing life support for his 11-month-old son.’

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The Guardian, 6th February 2018

Source: www.theguardian.com

Case Comment: R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 – UKSC Blog

Posted February 5th, 2018 in appeals, closed material, disclosure, news, Supreme Court, warrants by sally

‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’

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UKSC Blog, 2nd February 2018

Source: ukscblog.com