appeals – Page 107 – Current Awareness

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

Posted September 25th, 2019 in appeals, damages, EC law, holidays, news, references to European Court, sexual offences, Supreme Court by michael

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer

Posted September 19th, 2019 in appeals, housing, local government, news, time limits by sally

‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’

Local Government Lawyer, 19th September 2019

Source: www.localgovernmentlawyer.co.uk

Open justice ‘victory’ revisited – Family Law

Posted September 19th, 2019 in appeals, civil justice, closed material, disclosure, documents, families, family courts, news, Supreme Court by sally

‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’

Family Law, 19th September 2019

Source: www.familylaw.co.uk

High Court rules district judge could make non-party costs award after licensing hearing, but allows appeal over procedure – Local Government Lawyer

Posted September 17th, 2019 in appeals, costs, licensing, news, public order by sally

‘A district judge hearing a licensing appeal has the power under the Licensing Act 2003 to make a non-party costs award, a High Court judge has ruled.’

Local Government Lawyer, 13th September 2019

Source: www.localgovernmentlawyer.co.uk

CA quashes paralegal’s “unfair” contempt sentence – Legal Futures

Posted September 17th, 2019 in appeals, asylum, children, contempt of court, disclosure, documents, families, family courts, immigration, news, paralegals, suspended sentences by sally

‘It was “manifestly unfair” for a circuit judge to issue a paralegal with a suspended six-month prison sentence for inadvertently breaching the Family Procedure Rules, the Court of Appeal has ruled.’

Legal Futures, 17th September 2019

Source: www.legalfutures.co.uk

Government apologises for breaching court ruling against arms sales to Saudi Arabia – The Independent

Posted September 17th, 2019 in appeals, export controls, government departments, international law, news, sale of goods, Saudi Arabia, war, weapons by sally

‘The government has apologised for breaching a court ruling against the sale of weapons to Saudi Arabia that could be used in the Yemen conflict.’

The Independent, 16th September 2019

Source: www.independent.co.uk

More victims able to challenge ‘unduly lenient’ prison sentences – Ministry of Justice

Posted September 17th, 2019 in appeals, child abuse, coercive & controlling behaviour, harassment, indecent photographs of children, Ministry of Justice, press releases, sentencing, sexual offences, stalking, victims by sally

‘Under plans confirmed by ministers today (17 September 2019), the Unduly Lenient Sentence scheme will be extended to 14 new offences.’

Full press release

Ministry of Justice, 17th September 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

Posted September 13th, 2019 in appeals, brexit, constitutional law, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by sally

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

Court of Appeal’s useful guidance on implying isolated payment provisions from the Scheme – Practical Law: Construction Blog

Posted September 11th, 2019 in appeals, construction industry, contracts, news by sally

‘For some years now modular construction has been on the increase for new buildings, particularly in the hotel sector where it is now the norm for new hotels to be supplied with bathrooms and bedrooms manufactured off site. Indeed, I suspect that most of us have stayed in such rooms without even realising that more or less everything in the room (except the loose furniture) was installed off site, and sometimes many thousands of miles off-site. It may be because I only see the projects where things have gone awry and disputes have arisen, but, having decided a few disputes regarding modular building products, it’s clear that this part of the industry remains susceptible to the types of disputes we see with more traditional methods of construction. I want to talk about one such case this week, namely the Court of Appeal’s decision in Bennett (Construction) Ltd v CIMC MBS Ltd (formerly Verbus Systems Ltd) (which it handed-down at the end of August).’

Practical Law: Construction Blog, 10th September 2019

Source: constructionblog.practicallaw.com

Right of appeal against refusal of a residence card: the conclusion – UK Human Rights Blog

Posted September 11th, 2019 in appeals, EC law, families, human rights, immigration, news, tribunals by sally

‘The question of whether non-married partners and wider dependent relatives (e.g. grown-up children) of EEA nationals (known as “extended family members”) have a right of appeal against a decision by the Home Secretary to refuse them a residence card under the EEA Regulations has had a fraught recent history.’

UK Human Rights Blog, 10th September 2019

Source: ukhumanrightsblog.com

Drunk mum Marina Tilby who fell asleep on baby freed from jail – BBC News

Posted September 11th, 2019 in alcohol abuse, appeals, causing death of children or vulnerable adults, child cruelty, children, early release, families, news by sally

‘A mother jailed over the death of her four-week-old baby after she fell asleep on top of him has been freed by Court of Appeal judges.’

BBC News, 10th September 2019

Source: www.bbc.co.uk

HMRC escapes costs after defending appeal over ‘chaotic’ decision – Law Society’s Gazette

Posted September 10th, 2019 in appeals, costs, HM Revenue & Customs, news, taxation by sally

‘HM Revenue & Customs will not have to pay the £6,245 costs of a wine wholesaler who successfully appealed a decision notice, a tribunal has ruled.’

Law Society's Gazette, 9th September 2019

Source: www.lawgazette.co.uk

Owners of derelict Birnbeck Pier served repair notice – BBC News

Posted September 10th, 2019 in appeals, listed buildings, news by sally

‘The owners of a Grade II* listed Victorian pier have been ordered to carry out repairs after a council said it had “exhausted all other options”.’

BBC News, 10th September 2019

Source: www.bbc.co.uk

Man spends £30,000 fighting £100 speeding fine – BBC News

Posted September 10th, 2019 in appeals, fines, news, road traffic offences, speed cameras by sally

‘A man spent £30,000 of his savings on a failed legal battle “for justice” over a £100 speeding fine. Richard Keedwell, 71, said a “seriously flawed” legal system meant fighting the fine had taken nearly three years and used up his sons’ inheritance money.’

BBC News, 10th September 2019

Source: www.bbc.co.uk

Financial Remedy Update, September 2019 – Family Law Week

Posted September 9th, 2019 in appeals, bills, civil procedure rules, cohabitation, divorce, families, financial dispute resolution, financial provision, news, pensions, reasons, statistics, taxation by sally

‘Rose-Marie Drury, Principal Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2019.’

Family Law Week, 6th September 2019

Source: www.familylawweek.co.uk

Failure to attend trial “means more than turning up late” – Litigation Futures

Posted September 5th, 2019 in appeals, civil procedure rules, debts, delay, loans, news, striking out, trials by sally

‘The High Court has set aside an order made by a recorder striking out a claim because the claimants were two hours late for a trial in Cornwall.’

Litigation Futures, 5th September 2019

Source: www.litigationfutures.com

Costs lawyers “see opportunities” in helping clients challenge bills – Litigation Futures

Posted September 3rd, 2019 in appeals, budgets, costs, news, proportionality, solicitors, statistics by sally

‘A majority of costs lawyers think there is a business opportunity in helping unhappy clients challenge their solicitors’ bills, a survey has found.’

Litigation Futures, 3rd September 2019

Source: www.litigationfutures.com

Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer

Posted September 2nd, 2019 in appeals, news, planning, retrospectivity by sally

‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’

Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Doublethink in the High Court: using a mobile phone whilst driving does not necessarily mean “using” it – Park Square Barristers

Posted August 30th, 2019 in appeals, dangerous driving, news, road safety, statutory interpretation, telecommunications, video recordings by sally

‘On 31st July 2019 Lady Justice Thirlwall DBE and Mr Justice Goss handed down the judgment of the High Court on what amounts to “using a hand-held mobile telephone or other hand-held interactive communication device” whilst driving in DPP v Barreto [2019] EWHC 2044 (Admin).’

Park Square Barristers, 12th August 2019

Source: www.parksquarebarristers.co.uk

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