Third party funding agreements are not DBAs – Hardwicke Chambers

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

Court of Appeal quashes homelessness “vulnerability” decision – Doughty Street Chambers

Posted October 29th, 2019 in appeals, expert witnesses, homelessness, housing, news, psychiatrists by sally

‘The Court of Appeal has given further guidance on the vexed meaning of vulnerability for the purposes of the homelessness provisions in the Housing Act 1996, Part 7, and the handling of medical evidence.’

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Doughty Street Chambers, 22nd October 2019

Source: www.doughtystreet.co.uk

Serious misconduct “does not mean automatic strike-off” – Legal Futures

‘A finding of serious misconduct against a solicitor does not require striking off or an immediate suspension from practice, the High Court has ruled.’

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Legal Futures, 28th October 2019

Source: www.legalfutures.co.uk

Wife fails to overturn financial award made in arbitration – Family Law

‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’

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Family Law, 23rd October 2019

Source: www.familylaw.co.uk

Shamima Begum faces ‘extreme scenario’ in citizenship appeal – The Guardian

‘Shamima Begum, the former east London schoolgirl who fled to Syria and joined Islamic State, is facing an “extreme scenario” in which she will be unable to fight the case against her, a hearing has been told.’

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The Guardian, 24th October 2019

Source: www.theguardian.com

In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures

‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’

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Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

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Family Law, 21st October 2019

Source: www.familylaw.co.uk

Prosecutors reconsider prosecuting members of Isil ‘Beatles’ gang in the UK – Daily Telegraph

‘The Crown Prosecution Service (CPS) is to reconsider its opposition to putting on trial in the UK a pair of British Islamic State terrorists who were members of so-called “Beatles” cell.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Shamima Begum appeals decision to strip her of UK citizenship – The Independent

Posted October 23rd, 2019 in appeals, citizenship, immigration, news, terrorism by sally

‘Shamima Begum will appeal the government’s decision to strip her of British citizenship at a specialist court hearing on Tuesday.’

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The Independent, 22nd October 2019

Source: www.independent.co.uk

Imprisoned former LiP fails Denton test over appeal four months late – Law Society’s Gazette

‘Lawyers have become used to running the gauntlet of the Denton test for relief from sanctions – but now the yardstick for out-of-time applications has resulted in a litigant staying behind bars.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Ex-Met detective loses court battle over payout for data breach – The Guardian

‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’

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The Guardian, 21st October 2019

Source: www.theguardian.com

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

New Judgment: Routier v Commissioners for Her Majesty’s Revenue and Customs [2019] UKSC 43 – UKSC Blog

‘The issue in this appeal was whether a movement of capital between the United Kingdom and Jersey should be regarded as an internal transaction taking place within a single member state for the purposes of article 56 of the Treaty Establishing the European Community; and if not, whether the refusal of relief under section 23 in respect of the gift to the Coulter Trust is justifiable under EU law.’

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UKSC Blog, 16th October 2019

Source: ukscblog.com

AQA could face class action suit from parents of children who were possibly given ‘incorrect’ grades – Daily Telegraph

‘The UK’s biggest exam board could face class action from parents, following revelations that answers were being “remarked” by the same examiners.’

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Daily Telegraph, 16th October 2019

Source: www.telegraph.co.uk

Rent payments, unless orders and relief from sanction – Nearly Legal

Posted October 21st, 2019 in appeals, landlord & tenant, news, rates, rent, sanctions by sally

‘This is not really a housing case, being a commercial lease dispute, but there are a couple of points about relief from sanction and rent payments that are worthy of noting.’

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Nearly Legal, 16th October 2019

Source: nearlylegal.co.uk

Court asked to consider if PM’s Brexit delay tactic is lawful – BBC News

Posted October 21st, 2019 in appeals, brexit, constitutional law, delay, news, parliament, Scotland by sally

‘Scotland’s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.’

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BBC News, 21st October 2019

Source: www.bbc.co.uk

Children: Private Law Update (Autumn 2019) – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 13th October 2019

Source: www.familylawweek.co.uk

Anurag Deb: Identity: Northern Ireland’s Gordian Knot – UK Constitutional Law Association

‘ On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing commentators both in and outside Northern Ireland. Briefly, the UT had heard the Home Secretary’s appeal against the First-tier Tribunal (FTT) decision which had declared that the American claimant (respondent in the UT) was entitled to apply to reside in Northern Ireland under the EU Citizen’s Directive because his wife was permitted to self-identify as an Irish national in accordance with the provisions of the Good Friday Agreement (GFA). British nationality, the FTT declared, could not be “imposed” on her at birth, flying in the face of the British Nationality Act 1981 (BNA), section 1 of which, it was argued, does precisely that. The UT allowed the appeal and overturned the FTT judgment, revealing a tension which goes far beyond immigration law.’

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UK Constitutional Law Association, 17th October 2019

Source: ukconstitutionallaw.org

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

No-Deal Brexit: EU Citizens Could Gain New Appeal Rights – Rights Info

Posted October 16th, 2019 in appeals, bills, brexit, citizenship, freedom of movement, immigration, news by sally

‘EU citizens and their family members could gain the right to appeal decisions on their applications for settled status in the event of a no-deal Brexit.’

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Rights Info, 15th October 2019

Source: rightsinfo.org