CV fraudster must repay some wages, Supreme Court rules – Law Society’s Gazette

‘A fraudster jailed for falsifying qualifications to secure a top NHS job should have to pay back some of the wages he unlawfully received, the Supreme Court has ruled.’

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Law Society's Gazette, 18th August 2022

Source: www.lawgazette.co.uk

A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

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Doughty Street Chambers, 1st August 2022

Source: insights.doughtystreet.co.uk

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com

Court of Appeal to consider crypto ‘duty of care’ – Law Society’s Gazette

Posted August 16th, 2022 in appeals, cryptocurrencies, duty of care, news by sally

‘The question of whether developers of cryptocurrencies and other blockchain-based assets owe a duty of care to investors in their products is to be examined in the Court of Appeal. Ruling last week in Tulip Trading v Van der Laan and Ors, Lady Justice Andrews granted permission for a Seychelles company owned by Dr Craig Wright, who claims to have invented the bitcoin digital currency to appeal a judgment by Mrs Justice Falk of 25 March denying jurisdiction over a claim for breach of fiduciary and tortious duties.’

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Law Society's Gazette, 15th August 2022

Source: www.lawgazette.co.uk

Supreme Court refuses City of London permission to appeal in dispute with leaseholders over service charges – Local Government Lawyer

Posted August 16th, 2022 in appeals, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has refused the City of London Corporation permission to appeal in a dispute with leaseholders of a tower block over whether certain repairs to their homes were chargeable to them, it has emerged.’

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Local Government Lawyer, 15th August 2022

Source: www.localgovernmentlawyer.co.uk

F And G (Children : Sexual Abuse Allegations) [2022] EWCA Civ 1002 – Family Law Week

Posted August 16th, 2022 in appeals, child abuse, children, evidence, judgments, news by sally

‘The child had been the subject of an “ABE” interview that was non-compliant with best practice guidance in various ways. She had undergone a medical examination, and the examining doctor concluded that against a backdrop of a clear allegation from the child, the clinical findings supported the allegation of penetrative abuse. Written evidence from a paediatrician concluded that hymenal notches were “suggestive” of penetration.’

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Family Law Week, 1st August 2022

Source: www.familylawweek.co.uk

Appealing review decisions of the SEN Tribunal for Wales – Local Government Lawyer

‘The Upper Tribunal has confirmed appeals can be brought against review decisions of the SEN Tribunal for Wales. Matthew Wyard analyses the ruling.’

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Local Government Lawyer, 12th August 2022

Source: www.localgovernmentlawyer.co.uk

Compare The Market ruling ‘not green light’ for price restriction clauses – OUT-LAW.com

Posted August 12th, 2022 in appeals, competition, fines, insurance, news, tribunals by tracey

‘A recent UK ruling does not mean that clauses in contracts that place restrictions on the price suppliers can offer products or services on other sales channels beyond their own are acceptable under competition law, an expert has said.’

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OUT-LAW.com, 11th August 2022

Source: www.pinsentmasons.com

Council must consider impact on Welsh Language in all policy decisions relating to its community property stock, Tribunal affirms – Local Government Lawyer

Posted August 10th, 2022 in appeals, enforcement, local government, news, Wales by sally

‘The Welsh Language Tribunal has dismissed Swansea Council’s appeal of a report from the Welsh Language Commissioner, which found the local authority had failed to consider the impact of the sale of an ex-school site on the Welsh language.’

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Local Government Lawyer, 9th August 2022

Source: www.localgovernmentlawyer.co.uk

Foreign convictions are admissible as evidence in family proceedings, Court of Appeal holds – Local Government Lawyer

‘The Court of Appeal has ruled that foreign judicial findings or convictions that are relevant to a person’s suitability to care for children may be used as evidence in family proceedings.’

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Local Government Lawyer, 8th August 2022

Source: www.localgovernmentlawyer.co.uk

Solicitors’ agents and rights of audience – appeal decision – Nearly Legal

‘This is an issue that has come up here a few times (eg this post and this post) – the rights of audience of people who do not have a right of audience in their own right, but attend hearings to carry out advocacy. Now we have a County Court detailed appeal decision on the issue (not binding, but as an appeal to a circuit judge, of persuasive value).’

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Nearly Legal, 7th August 2022

Source: nearlylegal.co.uk

Law Commission to undertake review of the appeals system – Law Commission

‘The Law Commission of England and Wales has launched a wide-ranging review of the laws governing appeals for criminal cases.’

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Law Commission, 5th August 2022

Source: www.lawcom.gov.uk

Holiday pay and pensions – Local Government Lawyer

‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’

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Local Government Lawyer, 5th August 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19 – UKSC Blog

‘In this post, Sophie Malley, a trainee solicitor at CMS, comments on the decision in Hastings v Finsbury Orthopaedics Ltd and Anor [2022] UKSC 19, the first product liability case to reach the UK Supreme Court.’

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UKSC Blog, 1st August 2022

Source: ukscblog.com

OIC mixed claims: 14 months on and still no nearer the Court of Appeal – Legal Futures

Posted August 4th, 2022 in appeals, electronic filing, news, personal injuries, statistics by tracey

‘Little progress has been made in the plan to take test cases of so-called mixed claims from the Official Injury Claim (OIC) portal to the Court of Appeal, it admitted yesterday.’

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Legal Futures, 4th August 2022

Source: www.legalfutures.co.uk

Logan Mwangi murder: Craig Mulligan won’t get sentence increased – BBC News

Posted August 4th, 2022 in appeals, murder, news, sentencing, young offenders by tracey

‘A teenager who helped murder five-year-old Logan Mwangi before dumping his body in a river will not have his sentence increased.’

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BBC News, 3rd August 2022

Source: www.bbc.co.uk

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

Whole-life orders only for ‘exceptionally serious cases’, CoA rules – Law Society’s Gazette

Posted August 2nd, 2022 in appeals, murder, news, police, sentencing by tracey

‘Whole-life orders should be imposed only in ‘the few exceptionally serious cases’ where a minimum term is not appropriate, the Court of Appeal ruled today in the cases of five killers – including Wayne Couzens, the former Metropolitan Police officer who murdered Sarah Everard.’

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Law Society's Gazette, 29th July 2022

Source: www.lawgazette.co.uk

Goring Gap: High Court overturns 475-home development plan – BBC News

Posted August 2nd, 2022 in appeals, housing, local government, news, parks, planning by tracey

‘Plans to build 475 houses in Worthing have been overturned by a High Court judge.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk