appeals – Page 100 – Current Awareness

Gypsies and Travellers – time for a rethink – Nearly Legal

Posted January 27th, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, trespass by sally

‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’

Nearly Legal, 26th January 2020

Source: nearlylegal.co.uk

Court of Appeal interprets liability cap in a new home warranty – Practical Law Construction Blog

Posted January 24th, 2020 in appeals, building law, housing, insurance, interpretation, leases, limitations, news, standards, warranties by sally

‘On 5 December 2019, the Court of Appeal handed down its judgment in Manchikalapati and others v Zurich Insurance plc and East West Insurance Company Ltd. The underlying case concerned a large block of flats in Manchester that were seriously defective.’

Practical Law Construction Blog, 22nd January 2020

Source: constructionblog.practicallaw.com

Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’

Local Government Lawyer, 21st January 2020

Source: www.localgovernmentlawyer.co.uk

Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers

Posted January 22nd, 2020 in appeals, codes of practice, mental health, news, sentencing by sally

‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’

Broadway House Chambers, 15th January 2020

Source: broadwayhouse.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in appeals, courts, deceit, disclosure, fraud, fundamental dishonesty, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

‘Victory’ For Traveller Communities Against Blanket Council Bans – Each Other

Posted January 22nd, 2020 in appeals, equality, human rights, injunctions, local government, news, proportionality, travellers, waste by sally

‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’

Each Other, 21st January 2020

Source: eachother.org.uk

Immigration and Article 8: what did we learn in 2019? – UK Human Rights Blog

Posted January 20th, 2020 in appeals, deportation, families, human rights, immigration, news, privacy, proportionality by sally

‘As in previous years, the courts in 2019 were particularly concerned with Theresa May’s attempts as Home Secretary to codify the Article 8 proportionality exercise into legislation. Those changes have had a significant impact on the approach of tribunals to appeals against deportation and removal on grounds of private and family life. Judges now have to apply a series of prescribed tests under the immigration rules, before going on to consider whether there are exceptional circumstances requiring a grant of leave.’

UK Human Rights Blog, 17th January 2020

Source: ukhumanrightsblog.com

Rent Repayment Orders, criminal standard, and new evidence on appeal – Nearly Legal

Posted January 20th, 2020 in appeals, evidence, housing, landlord & tenant, licensing, news, rent, tribunals by sally

‘This was the appeal of a First Tier Tribunal decision on Ms Salva’s application for a rent repayment order.’

Nearly Legal, 19th January 2020

Source: nearlylegal.co.uk

When to disapply subordinate legislation – Law Society’s Gazette

Posted January 20th, 2020 in appeals, benefits, housing, human rights, legislation, local government, news, rent, Supreme Court by sally

‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’

Law Society's Gazette, January 2020

Source: www.lawgazette.co.uk

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, equality, interpretation, news, statutory interpretation, unfair dismissal, veganism by sally

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Human rights court dismisses MI6 informant Wang Yam’s appeal – The Guardian

Posted January 17th, 2020 in appeals, closed material, health & safety, intelligence services, murder, news by sally

‘The European court of human rights has dismissed the appeal by the former Chinese dissident and MI6 informant Wang Yam that he had not had a fair trial because his defence evidence was held in secret on grounds of national security.’

The Guardian, 16th January 2020

Source: www.theguardian.com

One appeal, Two Bakers and Three tries at a fact finding – Transparency Project

Posted January 16th, 2020 in appeals, child abuse, evidence, news, sexual offences by sally

‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’

Transparency Project, 15th January 2020

Source: www.transparencyproject.org.uk

Reynhard Sinaga: Attorney general to review rapist’s’ sentence – BBC News

Posted January 16th, 2020 in appeals, attorney general, Crown Prosecution Service, news, rape, sentencing by sally

‘A man jailed for 136 rapes could have his sentence increased after his case was referred to the Attorney General.’

BBC News, 15th January 2020

Source: www.bbc.co.uk

Police reject judge’s call to apologise over wrongful conviction – The Guardian

Posted January 13th, 2020 in appeals, deceit, evidence, judges, miscarriage of justice, news, police, professional conduct by sally

‘Police have refused to apologise to a man wrongly jailed for 25 years because officers lied at his trial, even after the now-retired appeal court judge who quashed the conviction told the Guardian that the force should say sorry.’

The Guardian, 13th January 2020

Source: www.theguardian.com

Children: Public Law Update – Family Law Week

Posted January 10th, 2020 in appeals, care orders, causing death of children or vulnerable adults, child abuse, children, disclosure, evidence, families, family courts, news by sally

‘John Tughan QC of 4 Paper Buildings reviews recent important public law cases concerning children.’

Family Law Week, 9th January 2020

Source: www.familylawweek.co.uk

CAT gives truck buyers green light to pursue costs – Litigation Futures

Posted January 8th, 2020 in appeals, class actions, competition, costs, news, transport, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has given the claimants in the truck cartel litigation the green light to move forward without delay to a detailed assessment of the costs of a preliminary hearing given the two sides’ contrasting financial resources.’

Litigation Futures, 8th January 2020

Source: www.litigationfutures.com

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

Posted January 6th, 2020 in appeals, environmental protection, judicial review, local government, news, planning, railways, transport by sally

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

Posted January 6th, 2020 in appeals, housing, jurisdiction, landlord & tenant, leases, news, repairs, service charges, tribunals by sally

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

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