Campaigners refused permission to appeal ruling on closure of children’s centres – Local Government Lawyer

‘A campaign group has failed to obtain permission to appeal a High Court ruling that a decision by the Cabinet at Buckinghamshire County Council to close 19 out of its 35 children’s centres was lawful.’

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Local Government Lawyer, 29th August 2019

Source: www.localgovernmentlawyer.co.uk

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

Facebook postings and vicarious liability of employers – Local Government Lawyer

‘Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Out of time Inheritance Act claim – use of standstill agreements and hope for late claims? – No. 5 Chambers

Posted August 29th, 2019 in appeals, news, time limits, trusts, wills by sally

‘In a decision handed down on 30th July 2019, the Court of Appeal have overturned a controversial first instance decision. Mostyn J had refused permission to bring a claim under s4 Inheritance (Provision for Family and Dependants) Act 1975. The substance of the claim under the Act related to whether a beneficial interest under a discretionary trust, rather than outright provision, failed to make reasonable provision for a spouse. The first instance decision created a stir because, among other findings, Mostyn J made obiter comments that it was not appropriate for parties to enter into ‘stand still agreements’ as an attempt to extend the 6-month time limit for bringing claims under the Act whilst negotiations were underway.’

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No. 5 Chambers, 7th August 2019

Source: www.no5.com

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 – Hardwicke Chambers

‘In this case, the UKSC held that courts have an inherent jurisdiction independent of the CPR to order non-party access to court documents under the constitutional principle of open justice. This, however, is to be balanced against both any countervailing interests in refusing access, and the principle of practicality and proportionality.’

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Hardwicke Chambers, 28th August 2019

Source: hardwicke.co.uk

Public sector to launch ‘mass legal battle’ over pension reforms – The Guardian

‘Mass legal claims on behalf of teachers and doctors alleging that changes to their pensions in 2015 were discriminatory are being launched against the government.’

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The Guardian, 27th August 2019

Source: www.theguardian.com

How will the UK immigration system cope with no deal Brexit? – Garden Court Chambers

‘UK immigration reform is imminent. The Government’s 2018 White Paper proposals for a new immigration system appear to be here to stay and a no deal Brexit looks more likely than ever.’

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Garden Court Chambers, 22nd August 2019

Source: www.gardencourtchambers.co.uk

Exclusive Jurisdiction for Company Law Claims Under Article 24 (2) of the Brussels I (Recast) Regulation: Akçil and Others v Koza Ltd and Another [2019] UKSC 40 – 39 Essex Chambers

‘On 29 July 2019, the Supreme Court handed down its decision in Akçil and others v Koza Ltd and another [2019] UKSC 40 (see Supreme Court judgment) unanimously overturning the decision of the Court of Appeal ([2017] EWCA Civ 1609) regarding the interpretation of the the exclusive company law jurisdictional provisions in Article 24(2) of the Brussels I (Recast) Regulation (1215/2012).’

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39 Essex Chambers, 2nd August 2019

Source: www.39essex.com

The Caparo Illusion: The Three-Stage Test Has Gone. What Happens Next? – 4 New Square

Posted August 23rd, 2019 in appeals, duty of care, negligence, news, Supreme Court by sally

‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’

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4 New Square, 13th August 2019

Source: www.4newsquare.com

Supreme Court rules that all courts and tribunals are subject to the open justice principle – 4 KBW

‘The Supreme Court has ruled in the case of Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] that all courts and tribunals that exercise the judicial power of the state are subject to the ‘open justice’ principle.’

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4 KBW, 6th August 2019

Source: www.4kbw.net

Government Urged To Tackle ‘National Problem’ Of Protests Outside Abortion Clinics – Rights Info

‘Campaigners have renewed calls for the government to create “safe-zones” around abortion clinics across the country after the Court of Appeal upheld a ban on pro-life protests near a west London health centre.’

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Rights Info, 22nd August 2019

Source: rightsinfo.org

Planning Inspectorate issues new guidance for Statements of Case and Statement of Common Ground for s.78 planning appeals – Local Government Lawyer

Posted August 22nd, 2019 in appeals, inquiries, news, planning by sally

‘The Planning Inspectorate has issued – for s.78 planning appeals following the inquiries procedure – new guidance and a new process for the submission of the Statement of Case and Statement of Common Ground.’

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Local Government Lawyer, 22nd August 2019

Source: www.localgovernmentlawyer.co.uk

Yousef Makki: Sentence appeal by stabbed boy’s family refused – BBC News

Posted August 22nd, 2019 in appeals, homicide, murder, news, sentencing, young offenders by sally

‘An application to review the sentences given to two boys convicted following the fatal stabbing of a teenager has been refused.’

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BBC News, 21st August 2019

Source: www.bbc.co.uk

Court of Appeal highlights value of early neutral evaluation – Litigation Futures

‘Requiring parties to submit to early neutral evaluation (ENE) against their will is “not an obstruction to or constraint on” their access to the court, the Court of Appeal has ruled.’

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Litigation Futures, 21st August 2019

Source: www.litigationfutures.com

VIP paedophile ring accuser Carl Beech lodges appeal – The Guardian

‘Carl Beech, the fantasist jailed over false claims of VIP child abuse that triggered a £2m Scotland Yard inquiry, is appealing against his conviction.’

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The Guardian, 21st August 2019

Source: www.theguardian.com

Court proceedings pack change “renders portal offer void” – Litigation Futures

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Judge rejects court action against Boris Johnson over £350m Brexit claim – The Guardian

‘An attempt to bring a private prosecution against Boris Johnson for allegedly telling lies during the 2016 referendum campaign appears to have been dealt a fatal blow with the rejection of an application to take the case to the supreme court.’

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The Guardian, 14th August 2019

Source: www.theguardian.com

Family of teenager fatally stabbed by his friend launch legal challenge against “unduly lenient” sentence – Daily Telegraph

‘The family of a teenager fatally stabbed by his friend have launched a legal challenge against the “unduly lenient” sentence he received.’

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Daily Telegraph, 14th August 2019

Source: www.telegraph.co.uk

Family court has jurisdiction to review its findings of fact, says Court of Appeal – Local Government Lawyer

Posted August 14th, 2019 in appeals, children, family courts, jurisdiction, news by michael

‘The family court has the statutory power to review its own decisions and challenges to findings of fact on the basis of further evidence do not have to be by way of appeal only, the Court of Appeal has held.’

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Local Government Lawyer, 14th August 2019

Source: www.localgovernmentlawyer.co.uk

Victims of stalking and abuse get right to appeal ‘lenient’ jail sentences – Daily Telegraph

Posted August 14th, 2019 in appeals, domestic violence, news, sentencing, stalking, victims by michael

‘Victims of stalking, domestic violence and child abuse are to get new legal rights to challenge unduly lenient sentences in a further crackdown on “soft” justice.’

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Daily Telegraph, 13th August 2019

Source: www.telegraph.co.uk