The Round-Up: Legal Aid for prisoners in the Court of Appeal – UK Human Rights Blog

Posted April 21st, 2017 in appeals, judicial review, legal aid, news, prisons by tracey

‘The Court of Appeal last week partially granted an application for judicial review of the cuts to Legal Aid in certain categories of prison law. The judgment may change the face of legal representation for prisoners across the UK.’

Full story

UK Human Rights Blog, 18th April 2017

Source: www.ukhumanrightsblog.com

Comments Off on The Round-Up: Legal Aid for prisoners in the Court of Appeal – UK Human Rights Blog

Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

Full story

Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

Comments Off on Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

‘The UK’s highest court has dismissed the appeals of three media publishers against costs orders made against them by High Court judges in separate libel and privacy cases.’

Full story

OUT-LAW.com, 18th April 2017

Source: www.out-law.com

Comments Off on Supreme Court dismisses media publishers’ appeals against costs awards – OUT-LAW.com

Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Posted April 20th, 2017 in appeals, housing, local government, news, planning by sally

‘A judge has dismissed all seven grounds on which a developer sought to challenge the Community Secretary’s decision to reject a planning inspector’s recommendation.’

Full story

Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Comments Off on Judge dismisses challenge after minister rejects recommendation of inspector – Local Government Lawyer

Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

Full story

The Guardian, 19th April 2017

Source: www.guardian.co.uk

Comments Off on Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

Full story

Free Movement, 18th April 2017

Source: www.freemovement.org.uk

Comments Off on Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

Posted April 20th, 2017 in abuse of process, appeals, costs, news, striking out by sally

‘A High Court judge was entitled to penalise a firm of Russian stockbrokers for conduct that “fell below acceptable standards of conducting litigation” by ordering it to pay 75% of the other side’s costs, even though it had successfully resisted a bid to strike out its claim, the Court of Appeal has ruled.’

Full story

Litigation Futures, 20th April 2017

Source: www.litigationfutures.com

Comments Off on When winning isn’t enough: Court of Appeal order successful party to pay 75% of other side’s costs – Litigation Futures

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by tracey

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

Full story

Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

Comments Off on CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

New fast-track immigration appeal rules proposed – Ministry of Justice

‘A new fast-track system to speed up immigration and asylum appeals for those in detention has been drawn up.’

Full press

Ministry of Justice, 18th April 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Comments Off on New fast-track immigration appeal rules proposed – Ministry of Justice

Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Posted April 19th, 2017 in appeals, asylum, deportation, detention, immigration, Law Society, news, tribunals by tracey

‘Accelerating appeals for detained asylum seekers risks putting speed before justice, the Law Society has warned, after justice secretary Liz Truss unveiled a new system she says will save taxpayers an estimated £2.7m.’

Full story

Law Society’s Gazette, 18th April 2017

Source: www.lawgazette.co.uk

Comments Off on Fast-track immigrations proposals ‘put speed before justice’ – Law Society’s Gazette

Justice Secretary Liz Truss to speed up appeals lodged by asylum seekers and foreign criminals – The Independent

Posted April 18th, 2017 in appeals, asylum, deportation, news, tribunals by sally

‘Thousands of appeals lodged by asylum seekers and foreign criminals attempting to remain in Britain will be fast tracked under proposals being brought forward by Liz Truss, the Justice Secretary.’

Full story

The Independent, 18th April 2017

Source: www.independent.co.uk

Comments Off on Justice Secretary Liz Truss to speed up appeals lodged by asylum seekers and foreign criminals – The Independent

Does a lack of integrity show dishonesty? High Court says yes as it overturns “flawed” strike-off – Legal Futures

Posted April 13th, 2017 in appeals, disciplinary procedures, news, solicitors by sally

‘A High Court judge has overturned a decision by the Solicitors Disciplinary Tribunal (SDT) to strike off a former partner of national law firm Bond Dickinson, because the distinction it drew between acting without integrity and being dishonest meant the whole case against him was flawed.’

Full story

Legal Futures, 13th April 2017

Source: www.legalfutures.co.uk

Comments Off on Does a lack of integrity show dishonesty? High Court says yes as it overturns “flawed” strike-off – Legal Futures

Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.

Full story

The Guardian, 12th April 2017

Source: www.guardian.co.uk

Comments Off on Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures

‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’

Full story

Litigation Futures, 11th April 2017

Source: www.litigationfutures.com

Comments Off on Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures

UK supreme court denies tobacco firms permission for plain packaging appeal – The Guardian

Posted April 12th, 2017 in appeals, health, news, smoking, Supreme Court by sally

‘All cigarettes sold in the UK must have standardised packaging from next month after the supreme court refused permission to the tobacco industry to appeal against the new laws.’

Full story

The Guardian, 11th April 2017

Source: www.guardian.co.uk

Comments Off on UK supreme court denies tobacco firms permission for plain packaging appeal – The Guardian

Jehovah’s Witnesses lose appeal to block New Moston inquiry – Law & Religion UK

‘In Tayo & Ors (Trustees of Manchester New Moston Congregation of Jehovah’s Witnesses) v Charity Commission for England and Wales [2017] UKUT 134 (TCC), the trustees of Manchester New Moston Congregation of Jehovah’s Witnesses lost their appeal against the First Tier Tribunal’s refusal in 2015 – which we noted at the time – to review the Charity Commission’s decision to open a statutory inquiry into the charity under s 46 Charities Act 2011.’

Full story

Law & Religion UK, 5th April 2017

Source: www.lawandreligionuk.com

Comments Off on Jehovah’s Witnesses lose appeal to block New Moston inquiry – Law & Religion UK

Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

Posted April 11th, 2017 in appeals, commons, housing, local government, news, tribunals by sally

‘A tribunal has overturned the listing of an allotment site in Lancashire as an asset of community value (ACV), on the grounds that nearby housing development makes it “highly unrealistic” that the site will ever be used as allotments again.’

Full story

OUT-LAW.com, 11th April 2017

Source: www.out-law.com

Comments Off on Tribunal judge overturns listing of allotment site as an asset of community value – OUT-LAW.com

Somebody else’s money – Nearly Legal

‘Ms Oliver was the long leaseholder in a block of flats on the Lansdowne Estate, which was owned by the Council. The Council carried out city wide major works, which included works on the Lansdown Estate. Some of the works were eligible for a contribution from a commercial energy company as part of the Community Energy Savings Programme (“CESP”). In total 15 of the 25 blocks on the Lansdowne Estate were eligible to receive CESP funding. The contribution to Ms Oliver’s block was £43,570.44. The Council decided not to pass the CESP directly to the leaseholders as a set off against their service charge contributions. Rather, the Council decided to attribute the money to the funding of works to its city-wide housing stock. The effect of this was that every leaseholder’s service charge was reduced irrespective of whether their block had been entitled to CESP funding.’

Full story

Nearly Legal, 10th April 2017

Source: www.nearlylegal.co.uk

Comments Off on Somebody else’s money – Nearly Legal

Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

‘The Chancellor of the High Court has urged judges to “temper eagerness with restraint” in the way they conduct trials, after a circuit judge was found to have made excessive interventions while witnesses were giving evidence.’

Full story

Litigation Futures, 10th April 2017

Source: www.litigationfutures.com

Comments Off on Court of Appeal warns judges against interrupting witness evidence too much – Litigation Futures

Cuts to legal aid for prisoners ruled unlawful – The Guardian

Posted April 11th, 2017 in appeals, equality, legal aid, legal representation, news, prisons by sally

‘The government has lost a key court of appeal battle over access to legal aid for prisoners in a ruling that campaigners have called a groundbreaking victory.’

Full story

The Guardian, 10th April 2017

Source: www.guardian.co.uk

Comments Off on Cuts to legal aid for prisoners ruled unlawful – The Guardian