Ex-MP jailed over expenses fraud loses appeal against prison sentence – The Independent

Posted September 27th, 2023 in appeals, drug abuse, expenses, fraud, imprisonment, news, parliament, sentencing by sally

‘A former MP jailed for expenses fraud has lost a Court of Appeal bid to challenge his four-year prison sentence.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Offers of accommodation and the public sector equality duty – Local Government Lawyer

Posted September 22nd, 2023 in appeals, benefits, equality, housing, local government, news by tracey

‘Michael Mullin and Scarlet Taylor-Waller analyse an important Court of Appeal ruling in a case where a council offered accommodation in Walsall to an appellant who had lived all her life in London.’

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Local Government Lawyer, 21st September 2023

Source: www.localgovernmentlawyer.co.uk

CA allows funder to challenge financial remedy consent order – Legal Futures

Posted September 19th, 2023 in appeals, consent orders, divorce, financial provision, news, third parties by sally

‘A litigation funder owed up to £1m by the wife in a “bitter and extortionately expensive” divorce battle can remain a party to financial remedy proceedings, the Court of Appeal has ruled.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk

Clients ordered to pay costs assigned by firm to non-lawyer – Legal Futures

Posted September 15th, 2023 in appeals, assignment, costs, fees, law firms, news, solicitors by tracey

‘A law firm’s former clients have lost their appeal against a decision that they owe outstanding fees to the non-lawyer who took assignment of their retainers.’

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Legal Futures, 15th September 2023

Source: www.legalfutures.co.uk

Police watchdog to investigate handling of Andrew Malkinson case – The Guardian

‘The police watchdog has announced an investigation into Greater Manchester police’s handling of Andrew Malkinson’s case. Malkinson was exonerated in July of a rape for which he wrongly spent 17 years in prison after a DNA breakthrough. The court of appeal also ruled that disclosure failures by Greater Manchester police (GMP) rendered his conviction unsafe.’

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The Guardian, 13th September 2023

Source: www.theguardian.com

Charity wins appeal over Government refusal to disclose analysis carried out by Child Safeguarding Practice Review Panel – Local Government Lawyer

Posted September 14th, 2023 in appeals, care orders, child abuse, child neglect, government departments, news by tracey

‘A group that campaigns for the welfare of children in institutional settings has won an appeal that will require the Department for Education (DfE) to release analysis of incidents where children became looked after as a result of abuse or neglect.’

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Local Government Lawyer, 14th September 2023

Source: www.localgovernmentlawyer.co.uk

Denton and applications to set aside default judgments – Local Government Lawyer

‘The Court of Appeal has settled the uncertainty around whether the ruling in Denton applies to applications to set aside a default judgment, writes Alastair Cantor.’

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Local Government Lawyer, 8th September 2023

Source: www.localgovernmentlawyer.co.uk

Rikki Neave murderer James Watson loses appeal against conviction – BBC News

Posted September 5th, 2023 in appeals, bad character, children, DNA, evidence, murder, news by sally

‘A man jailed last year for murdering a six-year-old boy in 1994 has lost his appeal against his conviction.’

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BBC News, 4th September 2023

Source: www.bbc.co.uk

Is an appropriate adult always appropriate? – Local Government Lawyer

Posted September 4th, 2023 in appeals, children, local government, news by tracey

‘Sally Gore analyses a Court of Appeal ruling that considered the fairness of an age assessment when an appropriate adult was not used for the short-form assessment/interview.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

One-hour oral judgment in family case ‘plainly irregular’ – Law Society’s Gazette

Posted September 4th, 2023 in appeals, child abuse, children, judges, judgments, news, sexual offences by tracey

‘A one-hour oral judgment delivered on a complex family case was “manifestly insufficient” and should be re-examined, the Court of Appeal has ruled.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Court of Appeal sets aside circuit judge’s “plainly irregular” ruling – Legal Futures

Posted September 1st, 2023 in appeals, care orders, children, families, family courts, judges, news by sally

‘The Court of Appeal has set aside a circuit judge’s ruling in public law children proceedings after describing his decision as “plainly irregular”.’

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Legal Futures, 1st September 2023

Source: www.legalfutures.co.uk

Doctor Knows Best – Supreme Court Clarifies “Professional Practice Test” – Parklane Plowden Chambers

‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’

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Parklane Plowden Chambers, 14th July 2023

Source: www.parklaneplowden.co.uk

Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers

‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’

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Gatehouse Chambers, 26th July 2023

Source: gatehouselaw.co.uk

Case comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 – Gatehouse Chambers

‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’

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Gatehouse Chambers, 17th July 2023

Source: gatehouselaw.co.uk

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Appeal hands down judgment in the Trucks Collective Proceedings: Conflicts of Interest, Rival CPO Applications, and Jurisdiction to Appeal – Henderson Chambers

‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

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4KBW, 13th July 2023

Source: www.4kbw.co.uk

In seminal case on litigation funding, Supreme Court overturns established practice to hold that Litigation Funding Agreements are Damages-Based Agreements – 4 New Square

Posted August 30th, 2023 in appeals, chambers articles, claims management, damages, news, Supreme Court by sally

‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’

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4 New Square, 26th July 2023

Source: www.4newsquare.com