Category: appeals

Deposits – Better to give than to receive – Nearly Legal

Posted May 7th, 2019 in appeals, deposits, housing, landlord & tenant, news, repossession by sally

‘Sebastiampillai v Parr. Central London County Court, 11 April 2019. Does a change of landlord require provision of fresh prescribed information? How does this operate in view of section 215B Housing Act 2004 (as inserted by the Deregulation Act 2015) and the express over-riding of the requirement to re-serve prescribed information on each replacement tenancy? This was the issue in this county court appeal from a first instance possession order.’

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Nearly Legal, 6th May 2019

Source: nearlylegal.co.uk

Extension of Time – Local Government Law

Posted May 7th, 2019 in appeals, civil procedure rules, judicial review, local government, news, planning, time limits by sally

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

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Local Government Law, 2nd May

Source: local-government-law.11kbw.com

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

Posted May 7th, 2019 in anonymity, appeals, asylum, deportation, detention, disclosure, government departments, human rights, immigration, judicial review, negligence, news, personal injuries, telecommunications by sally

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

Court throws out convicted client’s negligence claim against solicitors – Law Society’s Gazette

Posted May 7th, 2019 in abuse of process, appeals, costs, damages, fines, illegality, law firms, negligence, news, solicitors by sally

‘A convicted client has failed in a bid to make his former solicitors stump up the bill for his £450,000 fine imposed in the Crown court. In Day v Womble Bond Dickinson (UK) LLP Her Honour Judge Deborah Taylor, sitting in the High Court, struck out the negligence claim by landowner Philip Day.’

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Law Society's Gazette, 7th May 2019

Source: www.lawgazette.co.uk

Appellant ordered to pay £5k costs after acting unreasonably in SEN appeal – Local Government Lawyer

Posted May 2nd, 2019 in appeals, children, costs, education, legal aid, local government, news, protective costs orders, school children by sally

‘A mother has been ordered to pay Hertfordshire County Council costs of £5,245 after being held to have acted unreasonably over an appeal on her daughter’s schooling, a judgment published this week on Bailii has revealed.’

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Local Government Lawyer, 1st May 2019

Source: www.localgovernmentlawyer.co.uk

No necessity to arrest where person voluntarily attended police station – UK Police Law Blog

Posted May 1st, 2019 in appeals, detention, harassment, investigatory powers, news, police, reasons by sally

‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’

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UK Police Law Blog, 30th April 2019

Source: ukpolicelawblog.com

Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog

Posted May 1st, 2019 in anonymity, appeals, civil procedure rules, compensation, freedom of expression, human rights, media, news, personal injuries, reporting restrictions by sally

‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’

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UK Human Rights Blog, 30th April 2019

Source: ukhumanrightsblog.com

Private Lives and Public Sorrows – Family Law Week

Posted May 1st, 2019 in anonymity, appeals, children, civil partnerships, divorce, families, financial dispute resolution, financial provision, freedom of expression, human rights, marriage, media, news, privacy, reporting restrictions by sally

‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’

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Family Law Week, 30th April 2019

Source: www.familylawweek.co.uk

Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer

Posted April 30th, 2019 in appeals, equality, housing, Judaism, landlord & tenant, local government, news, proportionality, religious discrimination by sally

‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’

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Local Government Lawyer, 29th April 2019

Source: www.localgovernmentlawyer.co.uk

Ticket resellers win tribunal case over action taken by trading standards team – Local Government Lawyer

Posted April 26th, 2019 in appeals, consumer protection, licensing, local government, news, penalties, time limits, trading standards, tribunals by sally

‘Four ticket resellers have won a case in the First-Tier Tribunal, which ruled that North Yorkshire County Council took action out of time.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

London borough defeats appeal over licence and secure tenancy – Local Government Lawyer

Posted April 26th, 2019 in appeals, children, homelessness, housing, landlord & tenant, local government, news by sally

‘The London Borough of Barnet has defeated an appeal over whether a woman found to be intentionally homeless but who continued to be housed under the Children Act 1989 had security of tenure.’

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Local Government Lawyer, 26th April 2019

Source: www.localgovernmentlawyer.co.uk

Home Office faces legal action over English test cheating claims – The Guardian

Posted April 26th, 2019 in appeals, deportation, fraud, government departments, immigration, news, statistics, visas by sally

‘The Home Office is facing over 300 court of appeal legal challenges from foreign students who believe they were wrongly accused of cheating in English tests, and dozens more cases are pending in immigration tribunals.’

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The Guardian, 26th April 2019

Source: www.theguardian.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

Posted April 24th, 2019 in appeals, civil procedure rules, costs, fees, limitations, news, part 36 offers, personal injuries, pre-action conduct by sally

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

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Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

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UKSC Blog, 24th April 2019

Source: ukscblog.com

Isis supporter who called for terror attack on Prince George’s school has jail term cut – The Independent

Posted April 17th, 2019 in appeals, guilty pleas, news, proscribed organisations, terrorism by sally

‘An Isis supporter who created a “toolkit for terrorists” and called for attacks on targets including Prince George, the football World Cup and Jewish communities has had his prison sentence cut on appeal.’

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The Independent, 16th April 2019

Source: www.independent.co.uk

Paying for privacy? – Family Law

Posted April 16th, 2019 in anonymity, appeals, children, divorce, families, financial dispute resolution, financial provision, human rights, news, privacy, public interest, reporting restrictions by sally

‘Stuart Clark, partner at The International Family Law Group LLP examines a recent Court of Appeal decision on privacy in family law cases and asks whether in practice anonymity is the preserve of only the very wealthy.’

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Family Law, 16th April 2019

Source: www.familylaw.co.uk

Solicitor convicted of subletting council home – Legal Futures

Posted April 12th, 2019 in appeals, disciplinary procedures, fraud, housing, landlord & tenant, law firms, local government, news, solicitors, Solicitors Regulation Authority, suspended sentences, theft by sally

‘A solicitor’s conviction for illegally subletting his council flat has been upheld after he lost his appeal against a suspended jail sentence.’

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Legal Futures, 12th April 2019

Source: www.legalfutures.co.uk

“Persons unknown” injunctions against future protest action – UK Human Rights Blog

Posted April 12th, 2019 in appeals, demonstrations, energy, environmental protection, freedom of expression, human rights, injunctions, news by sally

‘In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to freedom of assembly and freedom of expression and the protection of property rights.’

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UK Human Rights Blog, 10th April 2019

Source: ukhumanrightsblog.com

Late payer granted costs relief as judge calls for ‘sense of perspective’ – Law Society’s Gazette

Posted April 11th, 2019 in appeals, costs, news, sanctions, time limits by sally

‘A Court of Appeal judge has granted relief from sanctions for a litigant who was 17 hours late satisfying a court order.’

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Law Society's Gazette, 9th April 2019

Source: www.lawgazette.co.uk

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

Posted April 10th, 2019 in appeals, environmental health, environmental protection, foreign jurisdictions, jurisdiction, news, personal injuries, pollution, service out of jurisdiction, Supreme Court by sally

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

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UKSC Blog, 10th April 2019

Source: ukscblog.com