appeals – Page 127 – Current Awareness

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by sally

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by sally

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by sally

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

CoA refuses costs ‘carte blanche’ to cases with multiple defendants – Law Society’s Gazette

Posted July 19th, 2018 in appeals, costs, news by sally

‘The Court of Appeal has made clear it will not grant costs favours to claimants bringing proceedings against multiple defendants.’

Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

Tommy Robinson jail sentence appeal delayed by judges – BBC News

Posted July 19th, 2018 in appeals, contempt of court, delay, news, sentencing by sally

‘Judges have delayed their decision in an appeal by far-right activist Tommy Robinson against his conviction and jailing for contempt of court.’

BBC news, 18th July 2018

Source: www.bbc.co.uk

Landmark court ruling finds against ex-wife who sought higher maintenance payments – Daily Telegraph

Posted July 19th, 2018 in appeals, financial provision, news, Supreme Court by sally

‘A divorced husband should not be forced to pay increased maintenance payments because of his ex-wife’s poor financial decisions, the Supreme Court has ruled in a landmark case.’

Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk

Tommy Robinson appeal – LIVE: EDL founder challenges 13-month prison sentence for contempt of court – The Independent

Posted July 18th, 2018 in appeals, contempt of court, news, sentencing by sally

‘The Court of Appeal is to hear a challenge by former English Defence League (EDL) leader Tommy Robinson against his jail term for contempt of court.’

The Independent, 18th July 2018

Source: www.independent.co.uk

“No need” for judge who rejected permission to appeal to recuse herself from hearing – Litigation Futures

Posted July 13th, 2018 in appeals, judiciary, news, recusal by sally

‘There was no need for a judge who rejected permission to appeal on paper to recuse herself from the full hearing, the Court of Appeal has ruled. Lord Justice Patten said Her Honour Judge Baucher in Central London County Court had “done no more than indicate in her order” that the appeal would have no real prospect of success and there was “no other compelling reason” to grant permission.’

Litigation Futures, 12th July 2018

Source: www.litigationfutures.com

Paul Cleeland’s 45-year fight to clear name over gun murder – BBC News

Posted July 12th, 2018 in appeals, Criminal Cases Review Commission, miscarriage of justice, murder, news by sally

‘A man at the centre of one of the UK’s longest alleged miscarriages of justice is making a fresh bid to clear his name after a legal fight spanning more than four decades.’

BBC News, 12th July 2018

Source: www.bbc.co.uk

Five lawyers including two solicitors appointed High Court judges – Local Government Lawyer

Posted July 10th, 2018 in appeals, judiciary, news, solicitors by sally

‘Five new High Court judges have been approved this week following elevations to the Court of Appeal and confirmed retirements.’

Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

Appeal right essential where employee dismissed over right to work – OUT-LAW.com

Posted July 5th, 2018 in appeals, dismissal, employment, employment tribunals, immigration, news by sally

‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’

OUT-LAW.com, 4th July 2018

Source: www.out-law.com

Supreme Court dismisses appeal over bank resolution claims – OUT-LAW.com

Posted July 5th, 2018 in appeals, banking, EC law, jurisdiction, news, Supreme Court by sally

‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’

OUT-LAW.com, 5th July 2018

Source: www.out-law.com

Court of Appeal sets out approach when considering SGOs in care proceedings – Family Law

Posted July 5th, 2018 in appeals, care orders, guardianship, news by sally

‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’

Family Law, 4th July 2018

Source: www.familylaw.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by sally

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

Family Law, 4th July 2018

Source: www.familylaw.co.uk

“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub

Posted July 3rd, 2018 in appeals, civil partnerships, equality, human rights, news, Supreme Court by sally

‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’

Oxford Human Rights Hub, 2nd July 2018

Source: ohrh.law.ox.ac.uk

Noel Conway: Terminally-ill man loses assisted dying challenge – BBC News

Posted June 29th, 2018 in appeals, assisted suicide, news by sally

‘A terminally-ill man who wants to be helped to die has lost his legal challenge at the Court of Appeal.’

BBC News, 27th June 2018

Source: www.bbc.co.uk

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 28th, 2018 in appeals, costs, disclosure, news, personal injuries by sally

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

Supreme Court declares Civil Partnership Act 2004 incompatible with human rights law – Family Law

Posted June 28th, 2018 in appeals, civil partnerships, declarations of incompatibility, equality, human rights, news, sexual orientation discrimination, Supreme Court by sally

‘The Supreme Court has ruled unanimously that lack of provision in the Civil Partnership Act 2004 for opposite-sex couples to enter into a civil partnership is incompatible with human rights law.’

Family Law, 27th June 2018

Source: www.familylaw.co.uk

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