Appeal judges uphold indemnity costs order in “long and acrimonious” neighbour dispute – Litigation Futures

Posted August 16th, 2017 in appeals, costs, dispute resolution, indemnities, judges, news, part 36 offers, utilities by sally

‘The Court of Appeal has backed the order of indemnity costs against a retired couple involved in a battle over access to gas and electricity meters, who “had not come to court to assist the court in resolving the dispute but to assist themselves”.’

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Litigation Futures, 15th August 2017

Source: www.litigationfutures.com

Appeal to proceed in £14bn landmark Mastercard action – Law Society’s Gazette

Posted August 15th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘A record-breaking £14bn collective action against Mastercard is set to rumble on after the former ombudsman who brought the case on behalf of 46 million consumers seeks to appeal last month’s Competition Appeal Tribunal ruling.’

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Law Society's Gazette, 14th August 2017

Source: www.lawgazette.co.uk

Illegal subletting – an ‘elaborate farrago of lies’ – Nearly Legal

Posted August 15th, 2017 in appeals, benefits, housing, landlord & tenant, news, repossession, social security by sally

‘Ms Afsana Begum and Mr Mohammed Rohim were the joint assured tenants of Poplar Housing from October 2014. The property was a two bed flat. The rent was paid in full by housing benefit. In August 2015, Poplar received a tip off that the property was being sub let. On investigation, Ms B had financial links to another flat nearby, her mother’s.’

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Nearly Legal, 13th August 2017

Source: nearlylegal.co.uk

Woman refused divorce will tell Supreme Court she should not have to prove ‘unreasonable’ behaviour – Daily Telegraph

Posted August 15th, 2017 in appeals, divorce, news, Supreme Court by sally

‘A woman refused a divorce from her millionaire husband will argue that she should not have to prove “unreasonable” behaviour as she takes her fight to the Supreme Court.’

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Daily Telegraph, 14th August 2017

Source: www.telegraph.co.uk

Nigerian gay rights activist wins UK asylum claim after 13-year battle – The Guardian

Posted August 14th, 2017 in appeals, asylum, homosexuality, human rights, immigration, news, refugees by sally

‘The Home Office has granted refugee status to a prominent Nigerian LGBT activist, ending a 13-year battle over her right to remain in the UK.’

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The Guardian, 14th August 2017

Source: www.theguardian.com

Woman seeking divorce over ‘loveless marriage’ takes her case to the Supreme Court – The Independent

Posted August 10th, 2017 in appeals, divorce, news, Supreme Court by tracey

‘A woman who was refused permission to divorce her husband is to take her case to the Supreme Court. Tini Owens, 66, has so far failed to persuade judges in the High Court and Court of Appeal to allow her to divorce Hugh Owens, 78, by claiming their 39-year marriage had broken down following an affair she had several years ago.’

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The Independent, 9th August 2017

Source: www.independent.co.uk

Appeal judges reject law firm’s claim for fees under insolvency CFA – Litigation Futures

Posted August 9th, 2017 in appeals, costs, estoppel, insolvency, news, solicitors by sally

‘The Court of Appeal has rejected a law firm’s claim to its legal fees in a battle with a liquidator over a conditional fee agreement (CFA).’

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Litigation Futures, 8th August 2017

Source: www.litigationfutures.com

Housing association secures outright possession order on appeal – Local Government Lawyer

Posted August 8th, 2017 in appeals, fraud, housing, local government, news, repossession by sally

‘A housing association has successfully appealed a Recorder’s decision to grant only a suspended order of possession, with the High Court judge concluding that the original ruling was “fatally and demonstrably flawed”.’

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Local Government Lawyer, 8th August 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court clarifies test for imposing conditions on grant of permission to appeal – OUT-LAW.com

Posted August 7th, 2017 in appeals, company law, news, shareholders, Supreme Court, third parties by sally

‘A recent decision by the Supreme Court has clarified the circumstances in which the court will be able to impose a financial requirement as a condition of the grant of permission to appeal, an expert has said.’

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OUT-LAW.com, 4th August 2017

Source: www.out-law.com

UK judges rule DWP wrong to deny appeals over refused benefits – The Guardian

‘The Department for Work and Pensions has been unlawfully stopping people going to tribunal to appeal against decisions to refuse them benefits, three senior judges have ruled.’

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The Guardian, 4th August 2017

Source: www.theguardian.com

Court of Appeal: claimants cannot “blow hot and cold” with QOCS – Litigation Futures

Posted August 4th, 2017 in appeals, costs, fees, news by sally

‘Claimants cannot “blow hot and cold” with qualified one-way costs shifting (QOCS) by terminating one conditional fee agreement (CFA) and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

High Court substitutes nine-month suspension after overturning solicitor’s strike-off – Legal Futures

Posted August 4th, 2017 in appeals, disciplinary procedures, news, solicitors by sally

‘The High Court has imposed a nine-month suspension on a senior solicitor after he successfully appealed his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 4th August 2017

Source: www.legalfutures.co.uk

Judges increase breast surgeon’s sentence for needless operations – The Guardian

Posted August 4th, 2017 in appeals, doctors, news, sentencing, wounding by sally

‘Ian Paterson, the surgeon who performed unnecessary breast operations and made healthy patients believe they had cancer, has had his sentence increased to 20 years by the court of appeal.’

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The Guardian, 3rd August 2017

Source: www.theguardian.com

Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by tracey

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

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Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017

Source: localgovernmentlawyer.co.uk

Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 2nd August 2017

Source: www.legalfutures.co.uk

Mother who stamped toddler daughter to death has sentence for murder reduced by five years – The Independent

Posted August 2nd, 2017 in appeals, child cruelty, murder, news, sentencing by tracey

‘A mother who stamped her toddler daughter to death has had her minimum sentence reduced by five years after an appeal.’

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The Independent, 1st August 2017

Source: www.independent.co.uk

Mother wins court battle to change child’s ‘tainted’ middle name – Daily Telegraph

Posted July 31st, 2017 in appeals, change of name, children, family courts, legal aid, names, news by sally

‘A mother who no longer liked her child’s middle name has won the right to have it removed in a legal challenge costing thousands of pounds in legal aid.’

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Daily Telegraph, 29th July 2017

Source: www.telegraph.co.uk

Optometrist who failed to spot brain condition wins appeal against conviction over boy’s death – Daily Telegraph

Posted July 31st, 2017 in appeals, children, duty of care, health, homicide, negligence, news by sally

‘An optometrist who failed to spot symptoms of a life-threatening brain condition during a routine eye test of an eight-year-old boy who later died has won an appeal against her conviction for gross negligence manslaughter.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk

Court of Appeal: HMRC did not act unfairly in withdrawing guidance only for taxpayers with ‘open’ affairs – OUT-LAW.com

‘HM Revenue & Customs (HMRC) could withdraw previous guidance in relation to losses arising from the exercise of share options, even though other taxpayers whose affairs could not be reopened had benefited from the treatment, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th July 2017

Source: www.out-law.com