Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by tracey

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

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Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

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Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Preston free range egg fraud farmer to pay back £500,000 – BBC News

Posted June 21st, 2018 in agriculture, appeals, fraud, news, penalties, sentencing by tracey

‘A farmer who deliberately mislabelled barn eggs as pricier free range ones must pay back his £500,000 profits.’

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BBC News, 21st June 2018

Source: www.bbc.co.uk

Barry Bennell victims welcome rejection of appeal against jail term – The Guardian

Posted June 21st, 2018 in appeals, child abuse, news, sentencing, sexual offences, sport, victims by tracey

‘Victims of Barry Bennell, the former football coach who was labelled “sheer evil” after subjecting junior footballers from Manchester City and Crewe Alexandra to hundreds of sexual offences, have welcomed the rejection of his appeal against his 30-year prison sentence.’

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The Guardian, 20th June 2018

Source: www.theguardian.com

SCCO refuses latest bid for solicitor’s file as appeal looms – Litigation Futures

Posted June 19th, 2018 in appeals, costs, documents, law firms, news, personal injuries, solicitors by sally

‘The Senior Courts Costs Office (SCCO) has again rejected a bid by a personal injury client for access to their former law firm’s file.’

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Litigation Futures, 18th June 2018

Source: www.litigationfutures.com

Supreme Court rules on true employment status of a contractor in Pimlico Plumbers case – UK Human Rights Blog

Posted June 19th, 2018 in appeals, employment, news, self-employment, substitution, Supreme Court by sally

‘The Supreme Court has unanimously dismissed Pimlico Plumbers Ltd’s appeal and upheld the Employment Tribunal’s ruling that the Respondent – Mr Smith – a plumbing and heating engineer had been:

(a) a “worker” within the meaning of section 230(3) of the Employment Rights Act 1996;

(b) a “worker” within the meaning of regulation 2(1) of the Working Time Regulations 1998 (SI 1998/1833)

(c) in Pimlico’s “employment” within the meaning of section 83(2)(a) of the Equality Act.’

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UK Human Rights Blog, 18th June 2018

Source: ukhumanrightsblog.com

Appealing adjournments in misconduct hearings – UK Police Law Blog

Posted June 15th, 2018 in adjournment, appeals, case management, news, police, tribunals by tracey

‘Challenges to a failure to adjourn seem to be popping-up at the moment. There was the recent decision of the Court of Appeal in Solanki v (1) Intercity Telecom Ltd (2) Guidinglight Finance Ltd [2018] EWCA Civ 101 – where a judge had failed to give adequate reasons for rejecting medical evidence justifying an adjournment. By contrast, in the recent decision of Lindsay v Solicitors’ Regulatory Authority [2018] EWHC 1275 (Admin), the respondent in misconduct proceedings failed to advance adequate evidence to support such an application. What lies deeper beneath, however, is whether an appeal against a decision not to adjourn requires the appellate court or tribunal to consider whether the original decision lay within the range of reasonable responses open to the decision maker below or, alternatively, has to determine the question of fairness / correctness itself.’

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UK Police Law Blog, 15th June 2018

Source: ukpolicelawblog.com

Boycotts – Local Government Law

Posted June 14th, 2018 in appeals, local government, news, pensions by tracey

‘In R (Palestine Solidarity Campaign Ltd) v SoS for CLG (2018) EWCA Civ 1284 the Court of Appeal allowed the SoS’s appeal against a declaration at (2017) EWHC 1502 (Admin) that part of his statutory Guidance relating to the Investment Strategy of local authorities administering local government pension schemes was unlawful.’

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Local Government Law, 7th June 2018

Source: local-government-law.11kbw.com

Late review decisions and homeless appeals – Nearly Legal

Posted June 14th, 2018 in appeals, costs, homelessness, housing, local government, news by tracey

‘Muloko v Newham LBC, County Court at Central London 6 April 2018. This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least in London, for decisions on what to do about late s.202 reviews.’

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Nearly Legal, 13th June 2018

Source: nearlylegal.co.uk

Website blocking order costs not for ISPs to meet, rules UK court – OUT-LAW.com

Posted June 14th, 2018 in appeals, costs, intellectual property, internet, news, Supreme Court by tracey

‘Internet service providers (ISPs) will not generally be responsible for picking up the costs of implementing court orders to block customers’ access to websites that infringe intellectual property (IP) rights, according to the UK’s highest court.’

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OUT-LAW.com, 13th June 2018

Source: www.out-law.com

Court of Appeal overturns ruling based on bad advice from counsel – Litigation Futures

Posted June 13th, 2018 in appeals, costs, indemnities, news, part 36 offers by sally

‘The Court of Appeal has overturned the decision of a High Court judge who was wrongly told by counsel that indemnity costs were the default order when a claimant failed to beat a part 36 offer.’

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Litigation Futures, 12th June 2018

Source: www.litigationfutures.com

Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Contrasting fortunes for barristers appealing high-profile disciplinary rulings – Legal Futures

Posted June 12th, 2018 in appeals, barristers, disciplinary procedures, news, professional conduct by sally

‘Two barristers have had contrasting fortunes in appeals against high-profile sanctions imposed by the Bar Disciplinary Tribunal.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

Smith v Khan – Arden Chambers

Posted June 12th, 2018 in appeals, compensation, damages, landlord & tenant, news, repossession, trespass by sally

‘The Court of Appeal has held that, in unlawful eviction cases, damages for trespass must compensate the tenant not merely for the letting value of the property of which he has been deprived but also for the anxiety, inconvenience and mental stress involved in the loss of what was the tenant’s home. The practice of cross-checking the amount of damages against the contractual rent used in disrepair cases (Wallace v Manchester CC [1998] 30 H.L.R. 1111, CA) does not apply to such claims.’

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Arden Chambers, 18th May 2018

Source: www.ardenchambers.com

Supreme Court rules on challenge to abortion ban in Northern Ireland – UK Human Rights Blog

Posted June 12th, 2018 in abortion, appeals, human rights, news, Northern Ireland by sally

‘On 7th June 2018, the Supreme Court handed down judgment in the case of regarding the controversial issue of the legal framework regulating abortion in Northern Ireland.’

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UK Human Rights Blog, 11th June 2018

Source: ukhumanrightsblog.com

Lavinia Woodward loses appeal bid to overturn sentence – BBC News

Posted June 11th, 2018 in appeals, grievous bodily harm, news, sentencing, suspended sentences by sally

‘An Oxford University student who was spared jail for stabbing her boyfriend has lost her latest bid to appeal against her sentence.’

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BBC News, 8th June 2018

Source: www.bbc.co.uk

Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette

Posted June 6th, 2018 in appeals, hospitals, negligence, news, Supreme Court by tracey

‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’

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Law Society's Gazette, 6th June 2018

Source: www.lawgazette.co.uk

Court of Appeal upholds Birmingham gang injunction – UK Human Rights Blog

Posted May 31st, 2018 in appeals, ASBOs, freedom of movement, gangs, injunctions, news, standard of proof by sally

‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’

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UK Human Rights Blog, 31st May 2018

Source: ukhumanrightsblog.com

The Importance of Risk Assessments – Zenith PI Blog

Posted May 30th, 2018 in appeals, negligence, news, personal injuries by sally

‘In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal.’

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Zenith PI Blog, 28th May 2018

Source: zenithpi.wordpress.com

Proper procedures in shotgun appeals – UK Police Law Blog

Posted May 30th, 2018 in appeals, civil justice, firearms, news by sally

‘The Divisional Court in R (Mason) v (1) Winchester Crown Court (2) Chief Constable of Hampshire [2018] EWHC 1182 (Admin) has set out proper procedures to follow in appeals heard in the Crown Court concerning the refusal or revocation of firearm and shotgun certificates. This brings some structure to what has sometimes appeared to be the Wild West of shotgun hearings.’

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UK Police Law Blog, 25th May 2018

Source: ukpolicelawblog.com