Darnley v Croydon Health Services NHS Trust – Law Pod UK

‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’

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Law Pod UK, 15th October 2018

Source: audioboom.com

Ointment for a sting: Arcadis Consulting v AMEC – Practical Law: Construction Blog

Posted October 15th, 2018 in appeals, construction industry, contracting out, contracts, limitations, news by tracey

‘The Court of Appeal has come to the aid of Arcadis Consulting (UK) Ltd by overturning Coulson J’s judgment in ​Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd – a case described by the judge as one “with something of a sting in its tail”. The sting in question was Coulson J’s finding that a contract between Arcadis and AMEC did not incorporate any term that limited Arcadis’ liability. As a result, Arcadis faced a potential loss of £40 million.’

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Practical Law: Construction Blog, 12th October 2018

Source: constructionblog.practicallaw.com

Conscience and cake: the final chapter – UK Human Rights Blog

‘Lee v. Ashers Baking Company Ltd. On Wednesday the Supreme Court handed down its much-anticipated judgment in the ‘gay cake’ case. The Court unanimously held that it was not direct discrimination on grounds of sexual orientation or political opinion for the owners of a Northern Irish bakery to refuse to bake a cake with the message ‘Support Gay Marriage’ on it, when to do so would have been contrary to their sincerely held religious beliefs.’

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UK Human Rights Blog, 15th October 2018

Source: ukhumanrightsblog.com

Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog

‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’

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UK Human Rights Blog, 11th October 2018

Source: ukhumanrightsblog.com

Judge who disparaged one party’s counsel “did not give appearance of bias” – Litigation Futures

‘A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled.’

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Litigation Futures, 15th October 2018

Source: www.litigationfutures.com

Mau Mau action with 40,000 claimants in doubt after CA refuses permission to appeal test case – Litigation Futures

Posted October 12th, 2018 in appeals, class actions, colonies, Kenya, limitations, news, personal injuries, torture by sally

‘The future of litigation being brought on behalf of more than 40,000 claimants in the so-called Mau Mau case is in doubt after the Court of Appeal refused permission to hear an appeal against a decision to dismiss the first test case.’

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Litigation Futures, 10th October 2018

Source: www.litigationfutures.com

Baker’s refusal to bake gay marriage cake not direct discrimination – OUT-LAW.com

‘A Christian bakery’s refusal to bake a cake iced with a message supportive of same sex marriage was not direct discrimination, the UK’s highest court has ruled.’

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OUT-LAW.com, 11th October 2018

Source: www.out-law.com

Doing the same thing all over again – Nearly Legal

‘A county court appeal arising out of a set of proceedings starting with a disrepair claim by a private sector tenant, which raises issues of service and when second proceedings are an abuse of process. Our thanks to Hardwicke Chambers for making the judgment available.’

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Nearly Legal, 7th October 2018

Source: nearlylegal.co.uk

Court of Appeal upholds decision to register part of port as village green – Local Government Lawyer

Posted October 10th, 2018 in appeals, commons, land registration, local government, news, nuisance by sally

‘The Court of Appeal has upheld Essex County Council’s decision to register land that is part of the Port of Mistley as a town or village green (TVG).’

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Local Government Lawyer, 9th October 2018

Source: www.localgovernmentlawyer.co.uk

‘Gay cake’ row: Supreme Court rules in favour of Ashers – BBC News

‘The Christian owners of a Northern Ireland bakery have won their appeal in the so-called “gay cake” discrimination case.’

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BBC News, 10th October 2018

Source: www.bbc.co.uk

Sumption calls for larger Supreme Court panels – Litigation Futures

Posted October 8th, 2018 in appeals, judges, judgments, lists, news, Supreme Court by sally

‘The Supreme Court should sit in larger panels more often, Lord Sumption has suggested, although he recognised that it could lead to fewer appeals being allowed.’

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Litigation Futures, 5th October 2018

Source: www.litigationfutures.com

SFO will not appeal landmark litigation privilege ruling – OUT-LAW.com

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

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OUT-LAW.com, 3rd October 2018

Source: www.out-law.com

Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

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UK Human Rights Blog, 4th October 2018

Source: ukhumanrightsblog.com

UK asylum seekers may have been detained unlawfully, rules court – The Guardian

Posted October 5th, 2018 in appeals, asylum, detention, false imprisonment, immigration, news, time limits by tracey

‘Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled.’

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The Guardian, 4th October 2018

Source: www.theguardian.com

Court upholds UK cap on number of child refugees – The Guardian

Posted October 4th, 2018 in appeals, children, consultations, immigration, news, refugees by tracey

‘The government’s decision to cap the number of unaccompanied child refugees who can be brought into the UK has been upheld by the court of appeal. But three senior judges said there had been a breach of the “duty of fairness” in the process because those refused entry were not given any reasons for being denied permission.’

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The Guardian, 3rd October 2018

Source: www.theguardian.com

Arthur Collins loses appeal against Dalston acid attack sentence – BBC News

Posted October 4th, 2018 in appeals, hazardous substances, news, sentencing by tracey

‘A man who threw acid across a packed London nightclub has lost an appeal against his 20-year jail sentence.’

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BBC News, 3rd October 2018

Source: www.bbc.co.uk

Case Comment: Commissioners for HMRC v Taylor Clark Leisure Plc (Scotland) [2018] UKSC 35 – UKSC Blog

Posted October 3rd, 2018 in appeals, interpretation, news, Supreme Court, taxation, VAT by sally

‘This case revolves around Carlton Clubs Ltd’s (“Carlton”) claims for repayment of overpaid VAT following the change in VAT treatment of income generated from bingo and gaming machines.’

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UKSC Blog, 1st October 2018

Source: ukscblog.com

Unfixed fixed terms – Nearly Legal

Posted October 2nd, 2018 in appeals, fixed-term contracts, housing, landlord & tenant, news by sally

‘This was Ms Bamber’s appeal of a decision on a preliminary issue in possession proceedings. The first instance court held that in the circumstances of the case, Livewest were not obliged to give 6 months notice of intention to terminate Ms B’s tenancy, under s.21(1B) Housing Act 1998.’

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Nearly Legal, 29th September 2018

Source: nearlylegal.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

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Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

Court of Appeal quashes finding that doctor was dishonest — Sapan Maini-Thompson – UK Human Rights Blog

‘Raychaudhuri v General Medical Council [2018] EWCA Civ 2027. On 14th September 2018 the Court of Appeal allowed an appeal by a doctor against a finding that his fitness to practice was impaired by reason of dishonesty.’

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UK Human Rights Blog, 27th September 2018

Source: ukhumanrightsblog.com