Category: appeals

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

Posted May 20th, 2019 in abuse of position of trust, appeals, bankruptcy, bullying, charities, defamation, freedom of expression, judges, litigants in person, media, news, public interest by sally

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Takeaway boss has two-year manslaughter sentence overturned after death of schoolgirl with nut allergy – Daily Telegraph

Posted May 17th, 2019 in allergies, appeals, causing death of children or vulnerable adults, food, health & safety, homicide, negligence, news, sentencing by sally

‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’

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Daily Telegraph, 16th May 2019

Source: www.telegraph.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

Posted May 17th, 2019 in appeals, human rights, intelligence services, interception, internet, investigatory powers, judicial review, news, privacy, Supreme Court, telecommunications, tribunals, warrants by sally

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

Posted May 16th, 2019 in adoption, appeals, children, Christianity, employment tribunals, families, homosexuality, magistrates, news by sally

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

Posted May 16th, 2019 in appeals, equality, housing, landlord & tenant, local government, news, repossession by sally

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Anisminic 2.0 – UK Human Rights Blog

Posted May 16th, 2019 in appeals, compensation, human rights, interpretation, investigatory powers, judicial review, news, privacy, Supreme Court, tribunals by sally

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

Lone parents lose benefits cap challenge at supreme court – The Guardian

Posted May 16th, 2019 in appeals, benefits, children, families, human rights, news, parental rights, statistics, Supreme Court by sally

‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Later rule changes cannot validate earlier pension increases, rules court – OUT-LAW.com

Posted May 15th, 2019 in appeals, news, pensions, retrospectivity by sally

‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’

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OUT-LAW.com, 15th May 2019

Source: www.out-law.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

Posted May 15th, 2019 in appeals, investigatory powers, jurisdiction, news, privacy, Supreme Court, warrants by sally

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

Posted May 15th, 2019 in appeals, Christianity, Church of England, conspiracy, deceit, judicial review, local government, news, planning by sally

‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com

Article 9 ECHR & promotion of religious views by employees: Kuteh – Law & Religion UK

Posted May 15th, 2019 in appeals, employment, employment tribunals, human rights, news, religious discrimination, wrongful dismissal by sally

‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’

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Law & Religion UK, 14th May 2019

Source: www.lawandreligionuk.com

Appeal throws out Post Office bid to replace judge – Law Society’s Gazette

Posted May 15th, 2019 in appeals, bias, class actions, damages, judges, news, postal service, recusal by sally

‘In a scathing 17-page judgment, the Court of Appeal has thrown out an attempt by the Post Office to appeal a judge’s refusal to recuse himself from group litigation on the grounds of bias. Ruling in Post Office Limited v Alan Bates & Ors, the Rt. Hon. Lord Justice Coulson said that the recusal application ‘never had any substance and was rightly rejected by the judge’.’

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Law Society's Gazette, 14th May 2019

Source: www.lawgazette.co.uk

Court of Appeal judgment gives guidance on meaning of ‘practical completion’ – OUT-LAW

Posted May 14th, 2019 in appeals, construction industry, contracts, interpretation, leases, news by sally

‘A Court of Appeal ruling clarifies the meaning of “practical completion”, a common source of dispute between construction contractors and employers.’

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OUT-LAW.com, 13th May 2019

Source: www.out-law.com

Solicitors Can Recover VAT On Medical Reporting Organisation Fee: British Airways PLC v Prosser – Zenith PI Blog

Posted May 13th, 2019 in airlines, appeals, evidence, fees, medical records, news, personal injuries, proportionality, solicitors, VAT by sally

‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’

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Zenith PI Blog, 9th May 2019

Source: zenithpi.wordpress.com

Part 36 offer that included unpleaded counterclaim ruled valid – Litigation Futures

Posted May 8th, 2019 in appeals, construction industry, delay, interest, negligence, news, part 36 offers by sally

‘A part 36 offer made by a defendant in respect of both a claim and a proposed counterclaim which has yet to be pleaded is valid, the Court of Appeal has ruled.’

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Litigation Futures, 7th May 2019

Source: www.litigationfutures.com

Assisted suicide: Paul Lamb renews bid for right to die – BBC News

Posted May 8th, 2019 in appeals, assisted suicide, bills, disabled persons, euthanasia, human rights, news, statistics, suicide, Supreme Court by sally

‘A man who lives with chronic and excruciating pain has begun a fresh legal challenge to the law that criminalises assisted suicide.’

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BBC News, 7th May 2019

Source: www.bbc.co.uk

Police officer sacked for punching suspect is reinstated – BBC News

Posted May 8th, 2019 in appeals, closed circuit television, disciplinary procedures, employment tribunals, news, police, professional conduct, violence by sally

‘A police sergeant dismissed for repeatedly punching a suspect in the head while he was detained in custody has been reinstated.’

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BBC News, 8th May 2019

Source: www.bbc.co.uk

Song from under the floorboards – Nearly Legal

Posted May 7th, 2019 in appeals, consent, contracts, covenants, enforcement, housing, leases, news, nuisance by sally

‘Fouladi v Darout Ltd & Ors (2018) EWHC 3501 (Ch). Although the judgment is dated December 2018, this has just appeared – a case on the perennially vexed topic of noise from a flat above. In fact it is an appeal and cross appeal on a county court judgment and order on a claim by a leaseholder against both the upstairs leaseholder and the freeholder. The reason that the claim was made, reached trial and then appeal might be connected to the value of the claimant’s flat being some £2,400,000.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk