‘Meal ticket for life’ bid backfires as divorcee loses £175,000 a year from ex-husband – Daily Telegraph

Posted April 12th, 2018 in appeals, divorce, financial provision, news by sally

‘An attempt by a divorcee to have a “meal ticket for life” backfired after a High Court Judge ruled her maintenance payments should cease after just three years.’

Full Story

Daily Telegraph, 11th April 2018

Source: www.telegraph.co.uk

High court judge backs end-of-life care plan for toddler on life support – The Guardian

‘A high court judge has endorsed an end-of-life care plan for a 23-month-old boy who has been at the centre of a life-support treatment legal battle.’

Full Story

The Guardian, 11th April 2018

Source: www.theguardian.com

Barry Bennell to appeal against 31-year sentence for abuse – BBC News

Posted April 11th, 2018 in appeals, child abuse, news, sentencing, sexual offences, sport by sally

‘Ex-football coach Barry Bennell is to appeal against his 31-year sentence for child sexual abuse.’

Full Story

BBC News, 10th April 2018

Source: www.bbc.co.uk

Opelo Kgari: Government thwarted in second bid to deport woman brought to UK from Botswana – The Independent

Posted April 10th, 2018 in appeals, children, deportation, detention, immigration, injunctions, news by sally

‘The government has been thwarted in its second attempt to deport a woman who came to the UK from Botswana when she was 13 years old.’

Full Story

The Independent, 10th April 2018

Source: www.independent.co.uk

Leave to remove post-Brexit: appealing an appeal – Family Law

Posted April 9th, 2018 in appeals, brexit, children, custody, EC law, foreign jurisdictions, news by sally

‘In the recent case of L v F [2017] EWCA Civ 2121 the Court of Appeal reinstated a first instance judgment that refused to grant a mother permission to relocate to Italy with the parties’ child. The case offers a reminder of the approach that the court must take when deciding whether or not to grant an appeal.’

Full Story

Family Law, 6th April 2018

Source: www.familylaw.co.uk

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework – Local Government Lawyer

Posted April 5th, 2018 in appeals, housing, local government, news, planning by sally

‘The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 5th April 2018

Source: www.localgovernmentlawyer.co.uk

Litigant in person’s “tittle tattle” claim needs a proper hearing, says judge – Litigation Futures

Posted April 5th, 2018 in appeals, litigants in person, news, probate, striking out, summary judgments by sally

‘A litigant in person’s contentious probate claim, part of which was dismissed by a High Court master as “no more than tittle tattle”, needs a proper hearing, a judge has decided.’

Full Story

Litigation Futures, 5th April 2018

Source: www.litigationfutures.com

Bath Abbey pews: costs – Law & Religion UK

Posted March 28th, 2018 in appeals, Church of England, costs, ecclesiastical law, listed buildings, news by sally

‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’

Full Story

Law & Religion UK, 27th March 2018

Source: www.lawandreligionuk.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

Full Story

UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

First virtual court case held using claimant’s laptop camera – The Guardian

Posted March 26th, 2018 in appeals, courts, news, pilot schemes, taxation by sally

‘The first virtual court case has been held with a claimant appearing via a home laptop camera, while an extremely patient judge sat in a London tribunal and lawyers presented evidence from Belfast.’

Full Story

The Guardian, 26th March 2018

Source: www.theguardian.com

Gay priest Jeremy Pemberton’s discrimination appeal dismissed – BBC News

‘A gay clergyman stopped from becoming a hospital chaplain has lost his appeal over a discrimination claim against the Church of England.’

Full Story

BBC News, 22nd March 2018

Source: www.bbc.co.uk

Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 22nd, 2018 in appeals, divorce, judges, news, speeches, Supreme Court, women by sally

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

Full Story

Daily Telegraph, 22nd March 2018

Source: www.telegraph.co.uk

CA strongly criticises judge for private meeting with one party’s counsel – Litigation Futures

Posted March 22nd, 2018 in appeals, bias, judges, news, recusal by sally

‘A circuit judge was wrong to have a private conversation with one party’s counsel during the trial, but his actions did not amount of apparent bias, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 22nd March 2018

Source: www.litigationfutures.com

Alfie Evans: Supreme Court rejects life support appeal – BBC News

Posted March 21st, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of terminally ill Alfie Evans have been refused permission to appeal to the Supreme Court over a decision to withdraw his life support.’

Full Story

BBC News, 20th March 2018

Source: www.bbc.co.uk

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Zenith Chambers

Posted March 20th, 2018 in appeals, costs, news, part 36 offers by sally

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

Full Story

Zenith Chambers, 1st March 2018

Source: www.zenithchambers.co.uk

Tonicstar Insurance Ltd v Allianz Insurance PLC [2018] EWCA Civ 434 – 4 New Square

Posted March 20th, 2018 in appeals, arbitration, insurance, news by sally

‘In Tonicstar v Allianz the Court of Appeal overturned the decision of Teare J at first instance and, in turn, the decision of Morison J in X Company v Y Company (17 July 2000) as to the meaning of a common form of insurance arbitration agreement.’

Full Story

4 New Square, 14th March 2018

Source: www.insurancelaw.london

Master of the Rolls: More than four in ten of applications to Court of Appeal come from litigants in person – Legal Futures

Posted March 20th, 2018 in appeals, civil justice, costs, courts, internet, litigants in person, news, speeches by sally

‘The proportion of applications to the Court of Appeal for permission to appeal by litigants in person (LiPs) has gone up by 50% in the last 10 years, the Master of the Rolls has said.’

Full Story

Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk

Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2018] EWCA Civ 317 – 4 New Square

Posted March 20th, 2018 in appeals, health, insurance, news by sally

‘In Spire Healthcare, the Court of Appeal (Sir Geoffrey Vos and Simon LJ) heard an appeal to determine whether the policy of combined liability insurance aggregated the limits of cover. Graham Eklund QC of 4 New Square successfully represented Royal and Sun Alliance Insurance plc. The Court’s decision is considered by Ben Smiley of 4 New Square.’

Full Story

4 New Square, 9th March 2018

Source: www.insurancelaw.london

Big win for NHS Resolution in test cases on pre-LASPO funding switches – Litigation Futures

Posted March 19th, 2018 in appeals, fees, health, legal aid, news, solicitors by sally

‘The Court of Appeal has found for NHS Resolution (NHSR) in three test cases over the reasonableness of solicitors switching clients from legal aid to conditional fee agreements (CFAs) ahead of the introduction of LASPO.’

Full Story

Litigation Futures, 16th March 2018

Source: www.litigationfutures.com

Government wins High Court appeal against ruling benefit cap unlawfully discriminates – The Independent

Posted March 16th, 2018 in appeals, benefits, children, housing, human rights, judicial review, news by sally

‘The Government has won a Court of Appeal challenge against a ruling that its controversial benefit cap unlawfully discriminates against lone parents with children under two.
It follows a High Court ruling last year which found that the benefit cap, which limits the income households receive in certain benefits, unlawfully discriminates against single parents with very young children.’

Full Story

The Independent, 15th March 2018

Source: www.independent.co.uk