DWP warns carers they could face greater penalties if they appeal against fines – The Guardian

Posted April 18th, 2024 in appeals, benefits, carers, fines, news, penalties by sally

‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’

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The Guardian, 17th April 2024

Source: www.theguardian.com

The Curious Case of Computer-Generated Works (CGW) in THJ Systems v Sheridan – City Law Forum

Posted April 17th, 2024 in appeals, computer programs, copyright, intellectual property, news by sally

‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’

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City Law Forum, 17th April 2024

Source: blogs.city.ac.uk

Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer

‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Prince Harry loses initial attempt to appeal against security ruling – The Guardian

Posted April 16th, 2024 in appeals, costs, domicile, judicial review, news, police, royal family by tracey

‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’

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The Guardian, 15th April 2024

Source: www.theguardian.com

Post office operator wrongly jailed while pregnant rejects executive’s apology – The Guardian

‘A post office operator who was wrongly prosecuted while pregnant has rejected a Post Office executive’s apology for having sent an email celebrating her conviction as “brilliant news”.’

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The Guardian, 11th April 2024

Source: www.theguardian.com

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by tracey

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

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Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

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Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Man denied fair trial after ditching counsel has conviction quashed – Legal Futures

Posted April 4th, 2024 in appeals, assault, legal representation, news by tracey

‘The Court of Appeal has quashed the conviction of a man who dispensed with counsel on the second day of trial after finding he was then denied a fair hearing.’

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Legal Futures, 4th April 2024

Source: www.legalfutures.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

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Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by tracey

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

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BBC News, 3rd April 2024

Source: www.bbc.co.uk

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by tracey

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Julian Assange faces further wait over extradition ruling – BBC News

Posted March 28th, 2024 in appeals, death penalty, extradition, freedom of expression, news by tracey

‘The US must assure Julian Assange has freedom of speech protections and will not receive the death penalty before he is extradited, judges have ruled. The UK High Court said the Wikileaks founder could be allowed to launch a new appeal against being sent to the US without those commitments.’

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BBC News, 27th March 2024

Source: www.bbc.co.uk

Owners of Crooked House pub appeal against order to rebuild – The Guardian

Posted March 28th, 2024 in appeals, arson, enforcement notices, fire, news by tracey

‘The owners of the Crooked House pub in Himley have appealed against an order to rebuild the 18th-century building, which was demolished days after a fire last year.’

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The Guardian, 27th March 2024

Source: www.theguardian.com

Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

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Trusts & Trustess, 19th March 2024

Source: academic.oup.com

Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’

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39 Essex Chambers, 7th February 2024

Source: www.39essex.com

NHS parking charges should be free of VAT, Court of Appeal rules – OUT-Law.com

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

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OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

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UKSC Blog, 26th March 2024

Source: ukscblog.com