Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by tracey

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Full Story

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Child killer gets longer life sentence – Attorney General’s Office

Posted October 19th, 2017 in appeals, murder, press releases, sentencing by tracey

‘Marvyn Iheanacho who killed a 5 year old boy has had his sentence increased by 3 years after representation at the Court of Appeal by the Solicitor General.’

Full press release

Attorney General’s Office, 17th October 2017

Source: www.gov.uk/ago

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

Full Story

Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by tracey

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

Full Story

BBC News, 18th October 2017

Source: www.bbc.co.uk

Catford park murder: Longer sentence for lost shoe boy killer – BBC News

Posted October 18th, 2017 in abuse of position of trust, appeals, murder, news, sentencing by sally

‘A killer who beat a five-year-old boy to death for losing a trainer in a park has had his prison sentence extended to a minimum of 21 years.’

Full Story

BBC News, 17th October 2017

Source: www.bbc.co.uk

Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by tracey

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

Full Story

OUT-LAW.com, 16th October 2017

Source: www.out-law.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

Full Story

Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by tracey

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

Full Story

Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by tracey

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

Full Story

Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

Full Story

NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

Full Story

NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

Full Story

Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Home Office treated couple living legally in UK ‘like criminals’ – The Guardian

Posted October 12th, 2017 in appeals, deportation, government departments, immigration, news by sally

‘A Spanish woman who has lived in the UK for 15 years has accused the Home Office of treating her family like criminals after her American husband and the father of her three children applied for a permanent residency (PR) card.’

Full Story

The Guardian, 11th October 2017

Source: www.theguardian.com

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

Full Story

Family Law, 6th October 2017

Source: www.familylaw.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

Full Story

Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Man who shouted anti-semitic abuse at Jewish worshippers has sentence increased – Crown Prosecution Service

Posted October 5th, 2017 in appeals, hate crime, Judaism, news, religiously aggravated offences, sentencing by tracey

‘A man who shouted antisemitic abuse at Jews on their way to morning prayers has been sentenced to a 12 month community order with 200 unpaid hours of work.’

Full Story

Crown Prosecution Service, 29th September 2017

Source: www.cps.gov.uk

Jealous ex has sentence increased after causing GBH – Attorney General’s Office

Posted October 5th, 2017 in appeals, grievous bodily harm, press releases, sentencing by tracey

‘Graham Gawley has had his prison sentence increased after Solicitor General Robert Buckland QC MP referred it to the Court of Appeal.’

Full press release

Attorney General’s Office, 4th October 2017

Source: www.gov.uk/ago