High Court upholds reprimand issued by education regulator to teacher who sent obscene response to job rejection email – Local Government Lawyer

Posted October 21st, 2021 in appeals, complaints, electronic mail, news, professional conduct, teachers, Wales by sally

‘An interviewee who received a reprimand from an education regulator after he responded to a rejection email with an expletive has lost a High Court appeal of the decision.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog

‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’

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EIN Blog, 15th October 2021

Source: www.ein.org.uk

CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette

Posted October 18th, 2021 in appeals, costs, debts, fees, news, trusts, wills by tracey

‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’

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Law Society's Gazette, 15th October 2021

Source: www.lawgazette.co.uk

Reading terror attacker loses bid to appeal whole-life prison sentence – The Independent

Posted October 15th, 2021 in appeals, imprisonment, mental health, murder, news, sentencing by tracey

‘The Reading terror attacker has lost a bid to appeal his whole-life prison sentence.’

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The Independent, 14th October 2021

Source: www.independent.co.uk

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by tracey

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

High Court rejects appeal from sham marriages solicitor – Legal Futures

Posted October 12th, 2021 in appeals, disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off twice by the Solicitors Disciplinary Tribunal (SDT) after being recorded by an undercover TV reporter giving advice on what he knew was a sham marriage.’

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Legal Futures, 12th October 2021

Source: www.legalfutures.co.uk

Going for broke: Court of Appeal decides on insolvent party enforcement of adjudication awards – Practical Law: Construction Blog

Posted October 8th, 2021 in appeals, enforcement, insolvency, news by tracey

‘The Court of Appeal has handed down judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. It is one of the first cases following the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd to test the courts’ willingness to allow insolvent parties to enforce adjudicators’ awards.’

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Practical Law: Construction Blog, 7th October 2021

Source: constructionblog.practicallaw.com

Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog

‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’

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UK Human Rights Blog, 7th October 2021

Source: ukhumanrightsblog.com

Capability and conduct dismissals – Local Government Lawyer

‘Can the Employment Tribunal “go behind” a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Reading stabbings: Khairi Saadallah to appeal sentence – BBC News

‘A man who stabbed three men to death in a Reading park is seeking permission to appeal his whole-life jail term.’

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BBC News, 5th October 2021

Source: www.bbc.co.uk

Bedrooms – hypothetical rather than actual. Bedroom tax and actual use. – Nearly Legal

Posted October 4th, 2021 in appeals, benefits, housing, landlord & tenant, news by tracey

‘The Secretary of State for Work and Pensions v Hockley & Anor (2019) EWCA Civ 1080. A quick note because I somehow missed this at the time. The Court of Appeal overturned the Upper Tribunal decision on whether assessment of entitlement to bedrooms for the bedroom tax was connected to the actual occupiers and their actual or potential use of the rooms. (Here there were two children and two bedrooms, neither of which could accommodate two children.)’

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Nearly Legal, 3rd October 2021

Source: nearlylegal.co.uk

Can AI qualify as an “inventor” for the purposes of patent law? – UK Human Rights Blog

‘The Court of Appeal has ruled that an artificial intelligence machine cannot qualify as an “inventor” for the purposes of Sections 7 and 13 of the Patents Act because it is not a person. Further, in determining whether a person had the right to apply for a patent under Section 7(2)(b), there was no rule of law that new intangible property produced by existing tangible property was the property of the owner of the tangible property, and certainly no rule that property in an invention created by a machine was owned by the owner of the machine.’

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UK Human Rights Blog, 28th September 2021

Source: ukhumanrightsblog.com

Sentence of white supremacist told to read classics referred to court of appeal – The Guardian

Posted September 29th, 2021 in appeals, attorney general, news, racism, sentencing, terrorism by sally

‘The attorney general has referred the sentencing of a white supremacist who was ordered to read classic literature such as Pride and Prejudice to the court of appeal after agreeing with complaints it appeared unduly lenient.’

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The Guardian, 28th September 2021

Source: www.theguardian.com

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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UKSC Blog, 22nd September 2021

Source: ukscblog.com

Gillick competence, puberty-blockers and the Court of Appeal – Local Government Lawyer

‘Alex Ruck Keene examines the Court of Appeal’s ruling in the high-profile case on referrals for the prescription of puberty-blockers to children and young people under 18.’

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Local Government Lawyer, 24th September 2021

Source: www.localgovernmentlawyer.co.uk

Seven out of 10 win benefits challenges at tribunal – BBC News

Posted September 24th, 2021 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by sally

‘Seven out of ten people who appealed in court against a decision to deny them disability benefits were successful, analysis shows.’

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BBC News, 24th September 2021

Source: www.bbc.co.uk

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – EIN Blog

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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EIN Blog, 22nd September 2021

Source: www.ein.org.uk

First-Tier Tribunal SEN proceedings not unfair despite difficulties faced by hearing impaired mother, judge rules – Local Government Lawyer

‘A First-Tier Tribunal (Health, Education and Social Care Chamber) case was not conducted unfairly despite an appellant and a witness having difficulty in hearing the online proceedings, the Upper Tribunal Administrative Appeals Chamber has decided.’

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Local Government Lawyer, 23rd September 2021

Source: www.localgovernmentlawyer.co.uk

Law and the Culture War – UK Human Rights Blog

‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’

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UK Human Rights Blog, 21st September 2021

Source: ukhumanrightsblog.com