Appeal court: landlord withholding planning consent was unreasonable – OUT-LAW.com

Posted April 19th, 2018 in appeals, consent, enfranchisement, landlord & tenant, news by sally

‘A commercial landlord acted unreasonably by withholding from a tenant its consent to apply for planning permission to change the use of the middle two storeys of a building from commercial to residential, the Court of Appeal has ruled.’

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OUT-LAW.com, 19th April 2018

Source: www.out-law.com

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

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Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Parents of Alfie Evans apply to take son’s case back to supreme court – The Guardian

Posted April 18th, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of a 23-month-old boy at the centre of a life-support treatment battle have applied to the supreme court to appeal against a ruling that treatment should be removed from the child.’

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The Guardian, 17th April 2018

Source: www.theguardian.com

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, news, personal injuries by tracey

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Alfie Evans case: Court rules against parents again – BBC News

Posted April 17th, 2018 in appeals, children, detention, medical treatment, news, parental rights by tracey

‘The parents of terminally ill toddler Alfie Evans have lost their latest legal battle. Tom Evans and Kate James asked Court of Appeal judges to rule that the 23-month-old should be allowed to receive treatment in Italy.’

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BBC News, 16th April 2018

Source: www.bbc.co.uk

Accommodation pending Appeal – where to appeal a refusal? – Nearly Legal

Posted April 16th, 2018 in appeals, housing, interpretation, news by tracey

‘Davis v Watford Borough Council (2018) EWCA Civ 529. A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance.’

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Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

UK appeal court overturns ‘manifestly excessive’ health and safety fine – OUT-LAW.com

Posted April 16th, 2018 in appeals, fines, health & safety, news by tracey

‘The Court of Appeal has reduced to £200,000 a “manifestly excessive” £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.’

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OUT-LAW.com, 16th April 2018

Source: www.out-law.com

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Alfie Evans: Toddler’s parents launch new legal challenge – BBC News

Posted April 13th, 2018 in appeals, children, consent, medical treatment, news by tracey

‘The parents of a terminally ill toddler who has been at the centre of a life-support treatment battle are set to mount another legal challenge. Tom Evans and Kate James are preparing to ask Court of Appeal judges to allow 23-month-old Alfie Evans to continue to receive treatment.’

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BBC News, 13th April

Source: www.bbc.co.uk

‘Serious flaws’ in UK immigration system, Law Society warns – BBC News

Posted April 13th, 2018 in appeals, immigration, news by tracey

‘Bad immigration decisions are having a “devastating” effect on families and businesses and undermining the rule of law, solicitors have warned. Nearly half of decisions that go to appeal in England and Wales are overturned, suggesting the system is “serious flawed”, the Law Society said.’

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BBC News, 12th April 2018

Source: www.bbc.co.uk

High Court rejects disbarred barrister’s appeal against refusal to readmit him to Gray’s Inn – Legal Futures

‘A disbarred barrister whose bid to rejoin Gray’s Inn and starting practising again after 15 years was refused has lost an appeal to the High Court.’

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Legal Futures, 12th April 2018

Source: www.legalfutures.co.uk

‘Meal ticket for life’ bid backfires as divorcee loses £175,000 a year from ex-husband – Daily Telegraph

Posted April 12th, 2018 in appeals, divorce, financial provision, news by sally

‘An attempt by a divorcee to have a “meal ticket for life” backfired after a High Court Judge ruled her maintenance payments should cease after just three years.’

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Daily Telegraph, 11th April 2018

Source: www.telegraph.co.uk

High court judge backs end-of-life care plan for toddler on life support – The Guardian

‘A high court judge has endorsed an end-of-life care plan for a 23-month-old boy who has been at the centre of a life-support treatment legal battle.’

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The Guardian, 11th April 2018

Source: www.theguardian.com

Barry Bennell to appeal against 31-year sentence for abuse – BBC News

Posted April 11th, 2018 in appeals, child abuse, news, sentencing, sexual offences, sport by sally

‘Ex-football coach Barry Bennell is to appeal against his 31-year sentence for child sexual abuse.’

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BBC News, 10th April 2018

Source: www.bbc.co.uk

Opelo Kgari: Government thwarted in second bid to deport woman brought to UK from Botswana – The Independent

Posted April 10th, 2018 in appeals, children, deportation, detention, immigration, injunctions, news by tracey

‘The government has been thwarted in its second attempt to deport a woman who came to the UK from Botswana when she was 13 years old.’

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The Independent, 10th April 2018

Source: www.independent.co.uk

Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, children, custody, EC law, foreign jurisdictions, news by tracey

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

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Family Law, 6th April 2018

Source: www.familylaw.co.uk

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework – Local Government Lawyer

Posted April 5th, 2018 in appeals, housing, local government, news, planning by sally

‘The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.’

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Local Government Lawyer, 5th April 2018

Source: www.localgovernmentlawyer.co.uk

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

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Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by tracey

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

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Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com