appeals – Page 104 – Current Awareness

Marriages of Convenience: Preparation and Procedures – Drystone Chambers

Posted November 7th, 2019 in appeals, immigration, marriage, news by sally

‘Recently I was instructed on an EEA case, where a marriage between an EEA national and an Albanian national was alleged to be a marriage of convenience after a “Mr and Mrs” marriage interview. The unusual feature in this case was that they had answered virtually all of the questions put to them with a high degree of consistency, which would usually be taken as evidence of the marriage being genuine.’

Drystone Chambers, October 2019

Source: drystone.com

Ten years on: how has the Supreme Court fared? – Counsel

Posted November 7th, 2019 in appeals, brexit, constitutional law, judicial review, jurisdiction, news, parliament, prorogation, statutory interpretation, Supreme Court by sally

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

Counsel, November 2019

Source: www.counselmagazine.co.uk

John Bowers QC’s Employment Law Blog: November – Littleton Chambers

Posted November 7th, 2019 in appeals, employment, employment tribunals, news, trade unions by sally

‘S145B of the Trade Union and Labour Relations Consolidation Act 1992 (“the 1992 Act”) is an under explored provision which has only just received the attention of the Court of Appeal, and has only once been considered by the EAT. It is important because some 26.3% of UK workers remain subject to collective bargaining but many employers seek every year to decouple from collective agreements in one form or another wholly or in part to buttress the managerial prerogative.’

Littleton Chambers, 4th November 2019

Source: www.littletonchambers.com

Discrimination in ‘one succession’ for secure tenancies – Nearly Legal

Posted November 7th, 2019 in appeals, bereavement, children, divorce, equality, housing, landlord & tenant, local government, news, women by sally

‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’

Nearly Legal, 3rd November 2019

Source: nearlylegal.co.uk

Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by sally

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

‘Lady in the Lake’ murder: Gordon Park’s conviction ‘unsafe’ – BBC News

Posted November 6th, 2019 in appeals, Criminal Cases Review Commission, DNA, murder, news by sally

‘The conviction of the so-called “Lady in the Lake” murderer was unsafe, the Court of Appeal has been told.’

BBC News, 5th November 2019

Source: www.bbc.co.uk

Litigation funding agreements are not DBAs, tribunal rules – Litigation Futures

Posted November 5th, 2019 in appeals, class actions, codes of practice, compensation, competition, damages, news, third parties, tribunals by sally

‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), the Competition Appeal Tribunal has ruled.’

Litigation Futures, 4th November 2019

Source: www.litigationfutures.com

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

Posted November 1st, 2019 in appeals, class actions, compensation, cosmetic surgery, costs, insurance, news, Supreme Court, third parties by sally

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

UKSC Blog, 30th October 2019

Source: ukscblog.com

Appellant loses High Court challenge over ruling that she was out of time to bring homelessness appeal – Local Government Lawyer

Posted October 31st, 2019 in appeals, homelessness, housing, news, time limits by sally

‘A woman who travelled to Mauritius to see her father after he had suffered a stroke has lost her appeal against an order by a County Court judge refusing her application for permission to bring an appeal out of time over a council’s decision that it had discharged its housing duty.’

Local Government Lawyer, 30th Octobe 2019

Source: www.localgovernmentlawyer.co.uk

Proportionality – Compared with what? And how to assess – No. 5 Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, costs, hospitals, insurance, negligence, news, proportionality by sally

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Court of Appeal gives green light to consumer rights campaigner in 4 million person strong representative action against Google – Henderson Chambers

Posted October 30th, 2019 in appeals, class actions, consent, consumer protection, data protection, internet, news, privacy, service out of jurisdiction by sally

‘On 2 October 2019, the Court of Appeal, in a unanimous judgment given by Sir Geoffrey Vos, Chancellor of the High Court, upheld the Claimant’s appeal in the case of Richard Lloyd v Google LLC [2019] EWCA Civ 1599. The Court of Appeal reversed the decision of the court below and gave Mr Lloyd permission to serve Google LLC outside the jurisdiction (in the US), enabling him to proceed with his representative action. The class he represents is composed of an estimated 4 million Apple iPhone users. Any substantive judgment will prove interesting in demonstrating the role of representative and group actions in the space of consumer rights at the intersection of tech and information rights. Google LLC, however, has confirmed that it intends to appeal this procedural point to the Supreme Court.’

Henderson Chambers, 7th October 2019

Source: www.hendersonchambers.co.uk

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

No. 5 Chambers, 10th October 2019

Source: www.no5.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

Posted October 30th, 2019 in appeals, employment, equality, freedom of expression, human rights, judges, judiciary, news, statutory interpretation, whistleblowers by sally

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

More on “vulnerability” – Nearly Legal

Posted October 30th, 2019 in appeals, expert witnesses, homelessness, housing, interpretation, local government, mental health, news by sally

‘In Guiste v Lambeth LBC (2019) EWCA Civ 1758, the Court of Appeal returned again to the meaning of Lord Neuberger’s eliptical phrase in Hotak v Southwark LBC that, for the purposes of the homelessness provisions in the Housing Act 1996, vulnerability meant being significantly more vulnerable than ordinarily vulnerable as a result of being made homeless. The decision in Guiste (I’m told that it is pronounced “Geest” as opposed to “Gwist”) in some respects is one on its facts, but the Court of Appeal make a number of observations of significance in these cases and leave one point open (albeit give their penniworth on it). As an academic interested in the field, I wonder at the amount of effort,time, and money spent in arguing the toss about vulnerability, and whether there might be better uses of that effort/time/cash, but there we go; that’s why we have our tower.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Golding v Martin [2019] EWCA Civ 446 – Tanfield Chambers

Posted October 30th, 2019 in appeals, civil procedure rules, forfeiture, housing, landlord & tenant, news, repossession, service charges by sally

‘The Court of Appeal determined whether the existence of the right to relief from forfeiture amounts to a prospect of “success” at trial when considering an application under CPR r.39.3 to set aside a possession Order.’

Tanfield Chambers, 29th October 2019

Source: www.tanfieldchambers.co.uk

Ocean Outdoor v London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 – Monckton Chambers

Posted October 30th, 2019 in appeals, contracts, damages, local government, news, public procurement, sale of land by sally

‘In a major judgment handed down by the Court of Appeal last week, Coulson LJ has given important guidance on the scope of the Concessions Contract Regulations 2016 (“the CCRs”), the extent of the land transaction exemption, and the requirements for claimants to show ‘sufficiently serious breach’ in procurement claims more generally. This was the first case to consider the CCRs in such a level of detail, and – in a ruling likely to be welcomed by public authorities – the meaning of ‘concession contract’ for the purposes of the Regulations is construed relatively narrowly, with the land transaction exemption given a conversely generous interpretation. The judge’s comments on the hurdles which a claimant must surmount to be awarded Francovich damages for breaches of procurement law also have a notably pro-defendant slant.’

Monckton Chambers, 16th October 2019

Source: www.monckton.com

For this relief, much thanks – Nearly Legal

Posted October 30th, 2019 in appeals, equity, forfeiture, leases, news, Supreme Court by sally

‘Just a quick note to record that the Supreme Court has held that the equitable remedy of relief from forfeiture is not restricted to those with a proprietary interest (lease/tenancy, mortgage etc) but can also extend to licensees with possessory rights (ie a right to occupy or use the land). The whole thing is fascinating, but this is not the place to get into the details of the history of equitable relief.’

Nearly Legal, 29th October 2019

Source: nearlylegal.co.uk

Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers

Posted October 30th, 2019 in appeals, compensation, employment tribunals, limitations, minimum wage, news, remuneration, statutory interpretation, time limits by sally

‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’

Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

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