Category: appeals

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

Posted June 7th, 2019 in appeals, children, duty of care, harassment, housing, human rights, local government, news, personal injuries, statutory duty, striking out, Supreme Court by sally

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

MIB has to pay out for injury suffered on private land, says CA – Litigation Futures

Posted June 6th, 2019 in accidents, appeals, compensation, EC law, insurance, Motor Insurers’ Bureau, news, personal injuries by sally

‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’

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Litigation Futures, 5th June 2019

Source: www.litigationfutures.com

Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian

Posted June 6th, 2019 in appeals, disciplinary procedures, doctors, employment tribunals, expert witnesses, mental health, negligence, news, ombudsmen, professional conduct, quality assurance, race discrimination, standards by sally

‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’

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The Guardian, 6th June 2019

Source: www.theguardian.com

Tribunal verdict quashed after judge fell asleep twice during proceedings – Daily Telegraph

Posted June 5th, 2019 in appeals, cross-examination, employment tribunals, judges, news by sally

‘A judge who repeatedly fell asleep during a case has prompted an appeal court to overturn his verdict.’

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Daily Telegraph, 4th June 2019

Source: www.telegraph.co.uk

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’

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Litigation Futures, 4th June 2019

Source: www.litigationfutures.com

Minstrel singer Brian Davies wins race case appeal – BBC News

Posted May 30th, 2019 in appeals, harassment, news, racism by sally

‘A man who dressed as a black and white minstrel and directed a “racist” song at a black colleague has had his racial harassment conviction quashed.’

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BBC News, 30th May 2019

Source: www.bbc.co.uk

Possession and the PSED (again) – Nearly Legal

Posted May 30th, 2019 in appeals, delay, equality, housing, landlord & tenant, mental health, news, proportionality, repossession by sally

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Not discrimination to pay male officers less for shared parental leave than female officers on maternity leave – UK Police Law Blog

Posted May 30th, 2019 in appeals, employment tribunals, equality, maternity leave, news, paternity leave, police, pregnancy, sex discrimination by sally

‘The Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when when paying them less for shared parental leave than they pay women when taking enhanced maternity pay as part of maternity leave. Such claims are not sex discrimination claims but equal terms claims, to be brought under the Equal Pay Act 1970, which are bound to fail because they relate to terms of work affording special treatment to woman in connection with pregnancy of childbirth. An appeal to the Supreme Court is possible.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by sally

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

High Court rejects appeal by couple jailed for harassing judge – Legal Futures

Posted May 29th, 2019 in appeals, family courts, harassment, judgments, news, sentencing by sally

‘The High Court has rejected an appeal by a couple jailed for harassing the family judge who heard their “long and contentious litigation” over an adoption.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Judge slashes solicitors’ trial costs saying: Leave the work to counsel – Law Society’s Gazette

Posted May 28th, 2019 in appeals, barristers, costs, fees, judges, legal profession, news, proportionality, solicitors by sally

‘A Court of Appeal judge has made clear that solicitors should not be paid for trial preparation that is capable of being dealt with by counsel.’

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

PIP breast implant scandal: Victims visited by bailiffs – BBC News

Posted May 28th, 2019 in appeals, bailiffs, compensation, cosmetic surgery, news, victims by sally

‘Women given faulty breast implants fear thousands of them may have to pay back compensation after visits by bailiffs warning them of legal proceedings.’

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BBC News, 28th May 2019

Source: www.bbc.co.uk

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by sally

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

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Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by sally

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

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Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

Guidance on libel for the social media age – Law Society’s Gazette

Posted May 22nd, 2019 in appeals, codes of practice, defamation, domestic violence, internet, interpretation, news, Supreme Court by sally

‘”He tried to strangle me” – hardly innocuous words. But when Nicola Stocker posted them on Facebook in 2012 she could not have known it was the start of a 76-month libel dispute over two simple questions – questions that would reach the Supreme Court as Stocker v Stocker [2019] UKSC 17.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

Posted May 22nd, 2019 in appeals, bullying, defamation, disclosure, judges, litigants in person, media, news, public interest by sally

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

No more reasonable doubt in suicide inquests – UK Human Rights Blog

Posted May 22nd, 2019 in appeals, codes of practice, inquests, news, proof, suicide, unlawful killing by sally

‘In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire v The Chief Coroner for England Wales [2019] EWCA Civ 809, the Court of Appeal conclusively held that the standard for proof for both short form and narrative conclusions concerning suicide was the civil balance of probabilities test, rather than the criminal beyond reasonable doubt.’

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UK Human Rights Blog, 20th May 2019

Source: ukhumanrightsblog.com

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by sally

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

Posted May 20th, 2019 in appeals, attempted murder, damages, news, Northern Ireland, police, reasons, wrongful arrest by sally

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com