Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

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Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

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Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

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Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

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St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

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Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

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Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

When 52 is also 51 because 55. – Nearly Legal

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

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Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

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The Guardian, 27th May 2020

Source: www.theguardian.com

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

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Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

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UKSC Blog, 27th May 2020

Source: ukscblog.com

Patents – Rockwool International A/S v Knauf Insulation Ltd – NIPC Law

Posted May 27th, 2020 in appeals, news, patents by sally

‘This was an appeal from the refusal of the hearing officer, Mr Huw Jones, to revoke British patents GB2451719 (“719”) and GB2496951(“951”) (see Rockwool International A/S and Knauf Insulation Limited BL 0/291/19 28 May 2019).’

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NIPC Law, 23rd May 2020

Source: nipclaw.blogspot.com

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers

Posted May 26th, 2020 in appeals, chambers articles, contracts, indemnities, interpretation, news by sally

‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’

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Hardwicke Chambers, 13th May 2020

Source: hardwicke.co.uk

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Rule committee urged to review disbursements in fixed-cost cases – Litigation Futures

‘The Supreme Court has called on the Civil Procedure Rules Committee to review the issue of whether disbursements should be payable separately in fixed-cost personal injury cases.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Supreme Court hands down key ruling on listed buildings – Local Government Lawyer

‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Judge names council after deciding knowledge of its social services failures in care case outweighed risk of jigsaw identification of children – Local Government Lawyer

‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk