Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

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Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

Court restores appeal after email over 10MB bounced back – Law Society’s Gazette

‘The Court of Appeal has granted leniency to a litigant whose first attempt at submitting a document failed because the electronic file was too big. In J v K & Anor, Lord Justice Underhill said the appellant, then unrepresented, could not have been expected to know the limits on email submission and his appeal was wrongly dismissed.’

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Law Society's Gazette, 23rd Janaury 2019

Source: www.lawgazette.co.uk

Woman found to have defamed ex-husband on Facebook takes fight to Supreme Court – Daily Telegraph

Posted January 24th, 2019 in appeals, assault, costs, defamation, domestic violence, families, news, Supreme Court, women by sally

‘A woman who claimed on Facebook that her ex-husband tried to strangle her is set to fight a judge’s ruling that she is guilty of defamation because he wasn’t trying to kill her. Nicola Stocker, 51, will argue before the Supreme Court that she had used common language to describe the attack by her millionaire ex-husband, for which he was arrested, when talking to his new lover.’

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Daily Telegraph, 23rd January 2019

Source: www.telegraph.co.uk

Immigration chief hits out as “abuse” by lawyers – Legal Futures

Posted January 21st, 2019 in appeals, asylum, immigration, judicial review, news by sally

‘The appeal system for failed asylum-seekers has been “heavily abused by some lawyers”, the former Home Office director-general of immigration enforcement has claimed.’

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Legal Futures, 21st January 2019

Source: www.legalfutures.co.uk

Court of Appeal says no to indefinite delay to insolvency case – OUT-LAW.com

Posted January 18th, 2019 in appeals, debts, delay, foreign jurisdictions, insolvency, news, Supreme Court by sally

‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’

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OUT-LAW.com, 17th January 2019

Source: www.out-law.com

Legal aid for welfare benefits plummets over a decade – Law Society’s Gazette

Posted January 18th, 2019 in appeals, benefits, budgets, legal aid, news, statistics by sally

‘The Ministry of Justice says its delayed review of the impact of its controversial legal aid reforms is nearly done after publishing a table showing an alarming drop in the number of people who have been granted public funding in welfare benefits cases over the last decade.’

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Law Society's Gazette, 17th January 2019

Source: www.lawgazette.co.uk

Home Office refuses to let great-grandparents remain in UK – The Guardian

Posted January 18th, 2019 in appeals, autism, children, deportation, families, grandparents, human rights, immigration, news by sally

‘The Home Office is trying to separate a couple from their four British children, 11 grandchildren and a great-grandchild by forcing them to return to Iran.’

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The Guardian, 18th January 2019

Source: www.theguardian.com

SRA pays Leigh Day £1m in costs to end disciplinary case – Legal Futures

‘The highly contentious Leigh Day disciplinary case has come to an end with the Solicitors Regulation Authority (SRA) paying the firm £1m in costs after the regulator’s unsuccessful appeal.’

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Legal Futures, 17th January 2019

Source: www.legalfutures.co.uk

Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by sally

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by sally

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by sally

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

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Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by sally

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Appeal refused over claimant who issued just to recover costs – Litigation Futures

Posted January 10th, 2019 in appeals, costs, news, part 36 offers, pre-action conduct by sally

‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’

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Litigation Futures, 9th January 2019

Source: www.litigationfutures.com

Stansted 15 launch appeal against ‘disproportionate’ convictions – The Guardian

Posted January 9th, 2019 in airports, appeals, bias, endangering safety of aircraft, news, terrorism by sally

‘The 15 immigration activists found guilty of a terror offence for blocking the takeoff of a deportation charter flight from Stansted airport have launched an appeal against their convictions.’

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The Guardian, 8th January 2019

Source: www.theguardian.com

Ofsted wins appeal over fairness of complaints procedures in special measures cases – Local Government Lawyer

Posted January 7th, 2019 in appeals, complaints, education, news, standards by sally

‘The Court of Appeal has ruled that a judge was wrong to conclude that Ofsted’s complaints procedures were unfair in serious weakness/special measures cases, and that it was wrong to quash an inspection report.’

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Local Government Lawyer, 2nd January 2019

Source: www.localgovernmentlawyer.co.uk

Man withdraws ‘right to be forgotten’ case against – The Guardian

Posted December 21st, 2018 in appeals, conspiracy, criminal records, data protection, fraud, internet, news, privacy by sally

‘A businessman who launched legal action against Google for the “right to be forgotten” over a past crime has ended his court battle.’

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The Guardian, 20th December 2018

Source: www.theguardian.com

With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals – Practical Law: Construction Blog

Posted December 20th, 2018 in appeals, budgets, construction industry, contracts, costs, duty of care, news by sally

‘As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice.’

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Practical Law: Construction Blog, 18th December 2018

Source: constructionblog.practicallaw.com

Aristocrat loses court battle for family estate – Daily Telegraph

Posted December 19th, 2018 in appeals, divorce, news, peerages & dignities by sally

‘An aristocrat today lost a court battle with his mother over ownership of his family’s 3,000-acre estate after a judge dismissed his claim it was promised to him as inheritance.’

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Daily Telegraph, 18th December 2018

Source: www.telegraph.co.uk

Sir Philip Green: Injunctions, Non-Disclosure Agreements and Parliamentary Privilege – Rights Info

‘In October, Sir Philip Green was revealed in Parliament as the businessman at the heart of ‘Britain’s #MeToo scandal’. The revelation sparked an intense debate about injunctions, non-disclosure agreements, parliamentary privilege and the relationship between Parliament and the courts. But what does all mean? In this explainer we get to the bottom of it.’

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Rights Info, 17th December 2018

Source: rightsinfo.org