Supreme Court: income tax must be deducted from creditor interest – OUT-LAW.com

‘Income tax must be deducted before administrators can pay out statutory interest to the creditors of an insolvent company, the UK’s highest court has confirmed.’

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OUT-LAW.com, 14th March 2019

Source: www.out-law.com

A warning before bringing an appeal to the CAT? Costs after the BCMR decision – Blackstone Chambers

Posted March 15th, 2019 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘The Court of Appeal’s judgment in the recent BCMR costs case is a stark warning to all those considering challenging a regulatory decision in the Competition Appeal Tribunal: even if you win, you may still face a big costs bill. See British Telecommunications plc v Office of Communications [2018] EWCA Civ 2542.’

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Blackstone Chambers, 5th March 2019

Source: www.blackstonechambers.com

Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers

Posted March 14th, 2019 in appeals, disciplinary procedures, fines, news, penalties, sport by sally

‘Crystal Palace FC’s Wilfried Zaha is one of the fastest players in the Premier League. He is also one of the most fouled. After a number of serious challenges in a match at Southampton at the end of January, Zaha was booked for his reaction to a player who had just pushed him over the touchline. He sarcastically applauded the referee in response to the yellow card, which was then followed immediately with a second yellow and therefore a red. As he left the field, Zaha sarcastically applauded the referee again, on more than one occasion, and did so “theatrically” according to the Football Association (FA). This led to him being charged with misconduct outside the jurisdiction of the match referee.’

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Blackstone Chambers, 28th February 2019

Source: www.sportslawbulletin.org

R (Youngsam) v The Parole Board – Blackstone Chambers

Posted March 13th, 2019 in appeals, delay, human rights, news, parole, precedent, prisons by sally

‘The case concerned a prisoner serving a determinate sentence who had been released on licence but then recalled to prison. He complained that there had been a delay in convening a Parole Board hearing concerning his detention, and that this breached his rights under article 5(4) of the European Convention on Human Rights (ECHR).’

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Blackstone Chambers, 27th February 2019

Source: www.blackstonechambers.com

Max Clifford: court of appeal hears attempt to challenge conviction – The Guardian

Posted March 13th, 2019 in appeals, consent, news, sexual offences by sally

‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

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39 Essex Chambers, 21st February 2019

Source: www.39essex.com

EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer

Posted March 13th, 2019 in appeals, brexit, EC law, landlord & tenant, leases, news by sally

‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’

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Local Government Lawyer, 11th March 2019

Source: www.localgovernmentlawyer.co.uk

“Prevent” ban on extremist speakers at universities is “unlawful”, Court of Appeal rules – Daily Telegraph

‘”Prevent” ban on extremist speakers at universities is “unlawful”, the Court of Appeal has ruled.’

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Daily Telegraph, 8th March 2019

Source: www.telegraph.co.uk

Court of Appeal decision about orders for post-adoption contact – Transparency Project

Posted March 11th, 2019 in adoption, appeals, children, contact orders, families, fostering, news by sally

‘Re B (A Child) (Post-adoption contact) [2019] EWCA Civ 29 is the first time (since a change in the law in 2014) that the Court of Appeal has considered when an order should be made that an adopted child will have continuing contact with their birth family after he or she is adopted.’

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Transparency Project, 9th March 2019

Source: www.transparencyproject.org.uk

Judicial review is not “politics by another means” – UK Human Rights Blog

Posted March 11th, 2019 in appeals, brexit, judicial review, news, referendums by sally

‘The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was “based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU”.’

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UK Human Rights Blog, 9th March 2019

Source: ukhumanrightsblog.com

District council defeats challenge to listing of pub as asset of community value – Local Government Lawyer

Posted March 11th, 2019 in appeals, assets of community value, fire, local government, news, planning by sally

‘East Hertfordshire District Council has successfully defended its decision to list a currently empty pub as an asset of community value.’

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Local Government Lawyer, 8th March 2019

Source: www.localgovernmentlawyer.co.uk

Gun in Paul Cleeland murder trial ‘did not kill victim’ – BBC News

‘A forensic report on a murder in 1972 has proved the gun relied on at trial did not kill the victim, lawyers claim.’

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BBC News, 11th March 2019

Source: www.bbc.co.uk

Court of Appeal rejects legal duty for council tax purposes to disclose fact of residence – Local Government Lawyer

‘No legal duty exists that requires a resident to notify a council of their residence at a particular address for council tax purposes, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

UK court ruling raises hopes of asylum for torture survivors – The Guardian

Posted March 7th, 2019 in appeals, asylum, expert witnesses, immigration, news, torture by sally

‘Tens of thousands of torture survivors could find it easier to secure sanctuary in the UK after a ruling by the supreme court.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Court of Appeal discharges injunction banning firm from VW group action – Law Society’s Gazette

‘The Court of Appeal has allowed an appeal by group action specialists Harcus Sinclair challenging the enforceability of a non-disclosure agreement it entered into with a Derbyshire firm regarding the Volkswagen group litigation.’

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Law Society's Gazette, 6th March 2019

Source: www.lawgazette.co.uk

High Court rejects appeal by cyclist over dismissal of claim following pothole accident – Local Government Lawyer

Posted March 6th, 2019 in appeals, bicycles, local government, news, personal injuries, roads by sally

‘A High Court judge has rejected a claim against a highways authority brought by a cyclist who was injured after she hit a pothole near a roundabout.’

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Local Government Lawyer, 5th Mach 2019

Source: www.localgovernmentlawyer.co.uk

Surrogacy and HFEA update: February 2019 – Family Law

‘Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.’

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Family Law, 1st March 2019

Source: www.familylawweek.co.uk

Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

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Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Sally Challen appeal: judges give hope to women who killed their abusive husbands – Daily Telegraph

‘Dozens of women imprisoned for murdering their partners after violent, abusive relationships will seek to overturn their convictions, lawyers have said, after a wife jailed for bludgeoning her husband to death with a hammer won her appeal to secure a retrial.’

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Daily Telegraph, 28th February 2019

Source: www.telegraph.co.uk

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by sally

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com