K2: right to a private and family life no bar to deprivation of citizenship – Free Movement

Posted March 21st, 2017 in appeals, citizenship, human rights, immigration, news, tribunals by tracey

‘K2 v the United Kingdom (Application No 42387/13). The use of the Home Secretary’s power to strip a British citizen of their citizenship is on the rise. It has been the subject of debate where its use has rendered a person stateless following a series cases in the higher courts (see, for instance, here and here). But what arguments can be used to prevent the deprivation of citizenship where the person remains a citizen of a foreign country?’

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Free Movement, 201th March 2017

Source: www.freemovement.org.uk

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Budgeting uncertainty set to roll on until Merrix appeal – Litigation Futures

Posted March 20th, 2017 in appeals, budgets, costs, news, reasons, stay of proceedings by tracey

‘The fall-out is continuing from the recent High Court decision that budgets bind the parties at detailed assessment unless there is good reason not to, although it seems clear that parties are waiting for a definitive ruling from the Court of Appeal.’

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Litigation Futures, 16th March 2017

Source: www.litigationfutures.com

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Adam Johnson refused leave to appeal against child abuse conviction – The Guardian

Posted March 17th, 2017 in appeals, child abuse, news, sexual offences by tracey

‘Adam Johnson, the former England footballer, has lost a challenge against his conviction for sexual activity with a besotted 15-year-old fan.’

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The Guardian, 16th March 2017

Source: www.guardian.co.uk

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Rape, incest and damage: but who is the real victim? – UK Human Rights Blog

‘Criminal Injuries Compensation Authority v First Tier Tribunal (Social entitlement Chamber) and Y by his mother and Litigation Friend.’ The predictability of genetic disorders continues to challenge existing law. Here, the Court of Appeal had to consider whether a child born as a result of incestuous rape could claim compensation under the Criminal Injuries Compensation Scheme (CICS) for his congenital disabilities. These were 50% predictable as a result of the nature of his conception, as opposed to 2-3% in the general population.’

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UK Human Rights Blog, 15th March 2017

Source: www.ukhumanrightsblog.com

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Animal charities benefit after woman loses out on £160,000 from her mother’s will – The Independent

Posted March 16th, 2017 in appeals, charities, families, news, Supreme Court, wills by tracey

‘A woman has been left “very disappointed” after seven Supreme Court justices dramatically reduced a figure of more than £160,000 awarded to her by the Court of Appeal out of her estranged mother’s will.’

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The Independent, 15th March 2017

Source: www.independent.co.uk

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Marine Alexander Blackman conviction reduced to manslaughter – BBC News

‘A Royal Marine jailed for shooting an injured Taliban fighter in Afghanistan has had his murder conviction reduced to manslaughter by an appeal court.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

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Supreme Court to rule on case of daughter left out of mother’s £160k will in favour of animal charities – Daily Telegraph

Posted March 15th, 2017 in appeals, charities, news, Supreme Court, wills by tracey

‘A six-figure award to a woman who was left out of her estranged mother’s will is at the centre of a ruling by the UK’s highest court today.’

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The Independent, 15th March 2017

Source: www.independent.co.uk

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Munby: ‘judges should not have to justify themselves’ – Law Society’s Gazette

Posted March 13th, 2017 in appeals, judges, judgments, judiciary, media, news by sally

‘The most senior family judge has stepped into the controversy over press attacks on the judiciary, telling solicitors that judges should not have to justify their rulings – while conjuring a dystopian vision of judges being hauled on to Newsnight to defend themselves.’

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Law Society’s Gazette, 10th March 2017

Source: www.lawgazette.co.uk

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World enough and time – suitability, distance and time – Nearly Legal

Posted March 13th, 2017 in appeals, children, housing, local government, London, news by sally

‘A section 204 Housing Act 1996 appeal of the suitability of LB Brent’s offer of private sector accommodation to Mr B of a property in Birmingham. Mr B, his wife and three daughters were in temporary accommodation in Brent, a full s.193 housing duty having been accepted by Brent. In 2014, an offer of accommodation in Birmingham was made. Mr B sought a review, which upheld suitability. A s.204 appeal was settled on the basis of a fresh review. That review decision of May 2016, again upholding suitability, was the subject of the present appeal.’

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Nearly Legal, 10th March 2017

Source: www.nearlylegal.co.uk

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Canals and Article 8 – again – UK Human Rights Blog

‘In recent years, the Courts have come up with a pragmatic resolution to the clash of property and Article 8 rights which typically occur in housing cases. Where the tenant is trying to use Art.8 to fend off a possession order, because he is in breach of some term of the tenancy, then the Courts, here and in Strasbourg, have resolved the issue in the favour of the local authority, save in exceptional circumstances.’

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UK Human Rights Blog, 10th March 2017

Source: www.ukhumanrightsblog.com

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Still no time off for religious observance: Gareddu in the EAT – Law & Religion UK

Posted March 10th, 2017 in appeals, employment tribunals, holidays, news, religious discrimination by sally

‘The issue of whether or not attendance at religious festivals in Sardinia could be a genuine manifestation of religion or religious belief been rehearsed again, before an Employment Appeal Tribunal.’

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Law & Religion UK, 10th March 2017

Source: www.lawandreligionuk.com

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Gay man in fight for equal pension rights for husband ‘confident’ of Supreme Court win – Daily Telegraph

‘A gay man fighting to win his husband the same pension rights a wife would enjoy in a heterosexual relationship described feeling “confident” as he began the final round of his legal battle.’

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Daily Telegraph, 8th March 2017

Source: www.telegraph.co.uk

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Church liability: fall from ladder – Law & Religion UK

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

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Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

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Yet another subject access judgment… – Panopticon

Posted March 8th, 2017 in appeals, costs, data protection, disclosure, documents, judgments, news, reasons, universities by tracey

‘So, as the saying goes, you wait months for a subject access judgment, and then three come along at once.’

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Panopticon, 6th march 2017

Source: www.panopticonblog.com

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Appeal court sends £4m solicitors’ negligence claim to trial – Legal Futures

Posted March 8th, 2017 in appeals, intellectual property, law firms, negligence, news, summary judgments by tracey

‘The Court of Appeal has overturned a ruling that gave a national law firm summary judgment in a case alleging that its negligence had caused a company to lose a £4m intellectual property licensing deal with a global engineering giant.’

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Legal Futures, 8th March 2017

Source: www.legalfutures.co.uk

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Social worker loses appeal over ruling by judge that she improperly altered records – Local Government Lawyer

Posted March 3rd, 2017 in appeals, care orders, news, social services by tracey

‘The Family Court has dismissed an appeal by a social worker against a finding that she improperly altered records concerning children in care proceedings.’

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Local Government Lawyer, 1st March 2017

Source: www.localgovernmentlawyer.co.uk

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Mark Duggan shooting: court considers appeal against inquest verdict – The Guardian

Posted March 2nd, 2017 in appeals, inquests, jury directions, news, police, unlawful killing by sally

‘The mother of Mark Duggan, whose fatal shooting by police in 2011 triggered riots across the country, is going to the court of appeal on Thursday in what she says is her “continuing search for justice” for her son.’

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The Guardian, 2nd March 2017

Source: www.guardian.co.uk

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The Round Up: Couples in the Courts – UK Human Rights Blog

Posted February 28th, 2017 in appeals, families, immigration, married persons, news, Supreme Court by tracey

‘Immigration law featured heavily in courts in the past week, with judgments in two cases handed down by the justices.’

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UK human Rights Blog, 27th February 2017

Source: www.ukhumanrightsblog.com

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High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by tracey

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

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Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

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COURT OF APPEAL TAKE UNUSUAL Decision to Reverse Trial Judge’s Finding on Liability in Cerebral Palsy Case – Zenith PI Blog

Posted February 23rd, 2017 in appeals, birth, disabled persons, expert witnesses, news by sally

‘The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. However the Court of Appeal didn’t stop there. They went on to find that, had the relevant medical practitioner in this case, followed Montgomery and given the In Claimant’s mother the relevant information; she would have elected to have her baby induced on 27th December which would have avoided the brain injury and consequent disabilities that he now suffers from.’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

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