High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by tracey

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

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Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

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Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Government apologises for breaching court ruling against arms sales to Saudi Arabia – The Independent

‘The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that could be used in the Yemen conflict.’

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The Independent, 16th September 2019

Source: www.independent.co.uk

More victims able to challenge ‘unduly lenient’ prison sentences – Ministry of Justice

‘Under plans confirmed by ministers today (17 September 2019), the Unduly Lenient Sentence scheme will be extended to 14 new offences.’

Full press release

Ministry of Justice, 17th September 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

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UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

Court of Appeal’s useful guidance on implying isolated payment provisions from the Scheme – Practical Law: Construction Blog

Posted September 11th, 2019 in appeals, construction industry, contracts, news by tracey

‘For some years now modular construction has been on the increase for new buildings, particularly in the hotel sector where it is now the norm for new hotels to be supplied with bathrooms and bedrooms manufactured off site. Indeed, I suspect that most of us have stayed in such rooms without even realising that more or less everything in the room (except the loose furniture) was installed off site, and sometimes many thousands of miles off-site. It may be because I only see the projects where things have gone awry and disputes have arisen, but, having decided a few disputes regarding modular building products, it’s clear that this part of the industry remains susceptible to the types of disputes we see with more traditional methods of construction. I want to talk about one such case this week, namely the Court of Appeal’s decision in Bennett (Construction) Ltd v CIMC MBS Ltd (formerly Verbus Systems Ltd) (which it handed-down at the end of August).’

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Practical Law: Construction Blog, 10th September 2019

Source: constructionblog.practicallaw.com

Right of appeal against refusal of a residence card: the conclusion – UK Human Rights Blog

Posted September 11th, 2019 in appeals, EC law, families, human rights, immigration, news, tribunals by tracey

‘The question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as “extended family members”) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent history.’

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UK Human Rights Blog, 10th September 2019

Source: ukhumanrightsblog.com

Drunk mum Marina Tilby who fell asleep on baby freed from jail – BBC News

‘A mother jailed over the death of her four-week-old baby after she fell asleep on top of him has been freed by Court of Appeal judges.’

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BBC News, 10th September 2019

Source: www.bbc.co.uk

HMRC escapes costs after defending appeal over ‘chaotic’ decision – Law Society’s Gazette

Posted September 10th, 2019 in appeals, costs, HM Revenue & Customs, news, taxation by tracey

‘HM Revenue & Customs will not have to pay the £6,245 costs of a wine wholesaler who successfully appealed a decision notice, a tribunal has ruled.’

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Law Society's Gazette, 9th September 2019

Source: www.lawgazette.co.uk

Owners of derelict Birnbeck Pier served repair notice – BBC News

Posted September 10th, 2019 in appeals, listed buildings, news by tracey

‘The owners of a Grade II* listed Victorian pier have been ordered to carry out repairs after a council said it had “exhausted all other options”.’

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BBC News, 10th September 2019

Source: www.bbc.co.uk

Man spends £30,000 fighting £100 speeding fine – BBC News

Posted September 10th, 2019 in appeals, fines, news, road traffic offences, speed cameras by tracey

‘A man spent £30,000 of his savings on a failed legal battle “for justice” over a £100 speeding fine. Richard Keedwell, 71, said a “seriously flawed” legal system meant fighting the fine had taken nearly three years and used up his sons’ inheritance money.’

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BBC News, 10th September 2019

Source: www.bbc.co.uk

Financial Remedy Update, September 2019 – Family Law Week

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

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Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Failure to attend trial “means more than turning up late” – Litigation Futures

Posted September 5th, 2019 in appeals, civil procedure rules, debts, delay, loans, news, striking out, trials by tracey

‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’

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Litigation Futures, 5th September 2019

Source: www.litigationfutures.com

Costs lawyers “see opportunities” in helping clients challenge bills – Litigation Futures

Posted September 3rd, 2019 in appeals, budgets, costs, news, proportionality, solicitors, statistics by sally

‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’

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Litigation Futures, 3rd September 2019

Source: www.litigationfutures.com

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer

Posted September 2nd, 2019 in appeals, news, planning, retrospectivity by sally

‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Doublethink in the High Court: using a mobile phone whilst driving does not necessarily mean “using” it – Park Square Barristers

‘On 31st July 2019 Lady Justice Thirlwall DBE and Mr Justice Goss handed down the judgment of the High Court on what amounts to “using a hand-held mobile telephone or other hand-held interactive communication device” whilst driving in DPP v Barreto [2019] EWHC 2044 (Admin).’

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Park Square Barristers, 12th August 2019

Source: www.parksquarebarristers.co.uk

Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

Facebook postings and vicarious liability of employers – Local Government Lawyer

‘Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Out of time Inheritance Act claim – use of standstill agreements and hope for late claims? – No. 5 Chambers

Posted August 29th, 2019 in appeals, news, time limits, trusts, wills by sally

‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com