Terminally ill man begins appeal against ban on assisted dying – The Independent

Posted May 2nd, 2018 in appeals, assisted suicide, news by sally

‘A terminally ill man has begun an Appeal Court challenge against a ban on assisted dying, arguing he should not be forced to endure a “distressing and undignified” death. Noel Conway, who says he feels “entombed” by his motor neurone disease, is fighting for the right to enlist medical professionals to end his life.’

Full Story

The Independent, 2nd May 2018

Source: www.independent.co.uk

Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

Full Story

Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer

Posted May 1st, 2018 in appeals, landlord & tenant, local government, news, repossession by sally

‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 30th April 2018

Source: www.localgovernmentlawyer.co.uk

Undercover relationship woman wants officer prosecution – BBC News

‘An environmental campaigner who says she was tricked into a sexual relationship with an undercover police officer is mounting a legal challenge to have him prosecuted. The woman, known as Monica, will ask judges to overturn prosecutors’ decision not to charge the Metropolitan Police’s Jim Boyling.’

Full Story

BBC News, 1st May 2018

Source: www.bbc.co.uk

Waggott v Waggott: in support of the clean break – Family Law

Posted April 26th, 2018 in appeals, divorce, financial provision, news, periodical payments by sally

‘The case of Waggott v Waggott [2018] EWCA Civ 727 is being hailed by some as the end to the ‘meal ticket’, but the decision in respect of periodical payments is perhaps not surprising, there are few cases these days where a ‘joint lives’ order is the eventual outcome.’

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Family Law, 25th April 2018

Source: www.familylaw.co.uk

Man released after joint enterprise conviction quashed – BBC News

Posted April 24th, 2018 in appeals, joint enterprise, news by sally

‘A man has been released from prison after becoming the first person since 2016 to have a joint enterprise murder conviction quashed.’

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BBC News, 24th April 2018

Source: www.bbc.co.uk

Employees win Court of Appeal dispute with council over pay increases – Local Government Lawyer

‘Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.’

Full Story

Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

Man who sexually abused 6 year old girl jailed for longer after Solicitor General intervenes in case – Attorney General’s Office

Posted April 23rd, 2018 in appeals, child abuse, press releases, sentencing, sexual offences by sally

‘A man who sexually abused a 6 year old girl has had his sentence increased after the Solicitor General, Robert Buckland QC MP, appealed it for being too low.’

Full press release

Attorney General’s Office, 20th April 2018

Source: www.gov.uk/ago

Appeal court: landlord withholding planning consent was unreasonable – OUT-LAW.com

Posted April 19th, 2018 in appeals, consent, enfranchisement, landlord & tenant, news by sally

‘A commercial landlord acted unreasonably by withholding from a tenant its consent to apply for planning permission to change the use of the middle two storeys of a building from commercial to residential, the Court of Appeal has ruled.’

Full Story

OUT-LAW.com, 19th April 2018

Source: www.out-law.com

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

Full Story

Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Parents of Alfie Evans apply to take son’s case back to supreme court – The Guardian

Posted April 18th, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of a 23-month-old boy at the centre of a life-support treatment battle have applied to the supreme court to appeal against a ruling that treatment should be removed from the child.’

Full Story

The Guardian, 17th April 2018

Source: www.theguardian.com

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, fundamental dishonesty, news, personal injuries by sally

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

Full Story

Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Alfie Evans case: Court rules against parents again – BBC News

Posted April 17th, 2018 in appeals, children, detention, medical treatment, news, parental rights by sally

‘The parents of terminally ill toddler Alfie Evans have lost their latest legal battle. Tom Evans and Kate James asked Court of Appeal judges to rule that the 23-month-old should be allowed to receive treatment in Italy.’

Full Story

BBC News, 16th April 2018

Source: www.bbc.co.uk

Accommodation pending Appeal – where to appeal a refusal? – Nearly Legal

Posted April 16th, 2018 in appeals, housing, interpretation, news by sally

‘Davis v Watford Borough Council (2018) EWCA Civ 529. A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance.’

Full Story

Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

UK appeal court overturns ‘manifestly excessive’ health and safety fine – OUT-LAW.com

Posted April 16th, 2018 in appeals, fines, health & safety, news by sally

‘The Court of Appeal has reduced to £200,000 a “manifestly excessive” £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.’

Full Story

OUT-LAW.com, 16th April 2018

Source: www.out-law.com

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by sally

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

Full Story

Family Law, 13th April 2018

Source: www.familylaw.co.uk

Alfie Evans: Toddler’s parents launch new legal challenge – BBC News

Posted April 13th, 2018 in appeals, children, consent, medical treatment, news by sally

‘The parents of a terminally ill toddler who has been at the centre of a life-support treatment battle are set to mount another legal challenge. Tom Evans and Kate James are preparing to ask Court of Appeal judges to allow 23-month-old Alfie Evans to continue to receive treatment.’

Full Story

BBC News, 13th April

Source: www.bbc.co.uk

‘Serious flaws’ in UK immigration system, Law Society warns – BBC News

Posted April 13th, 2018 in appeals, immigration, news by sally

‘Bad immigration decisions are having a “devastating” effect on families and businesses and undermining the rule of law, solicitors have warned. Nearly half of decisions that go to appeal in England and Wales are overturned, suggesting the system is “serious flawed”, the Law Society said.’

Full Story

BBC News, 12th April 2018

Source: www.bbc.co.uk

Activists bring case at appeal court over UK arms sales to Saudis – The Guardian

‘Human rights campaigners have begun an attempt to overturn a high court judgment that allows the British government to continue to export arms to Saudi Arabia for use in Yemen.
The Campaign Against Arms Trade brought the case against Liam Fox, the international trade secretary, seeking permission to appeal against a decision last July that granting licences for the export of arms from the UK to Saudi Arabia was not unlawful. CAAT has warned that British weapons could be used to kill or injure Yemeni civilians.’

Full Story

The Guardian, 12th April 2018

Source: www.theguardian.com

High Court rejects disbarred barrister’s appeal against refusal to readmit him to Gray’s Inn – Legal Futures

‘A disbarred barrister whose bid to rejoin Gray’s Inn and starting practising again after 15 years was refused has lost an appeal to the High Court.’

Full Story

Legal Futures, 12th April 2018

Source: www.legalfutures.co.uk