Case Preview: Project Blue Ltd v HMRC – UK Supreme Court Blog

Posted March 15th, 2018 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by sally

‘Steven Sieff, consultant in the tax team at CMS, offers a preview of the decision awaited in Project Blue Ltd v Commissioners for Her Majesty’s Revenue and Customs.’

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UK Supreme Court Blog , 13th March 2018

Source: ukscblog.com

Appeal court rejects apparent bias claim over judge’s private meeting – Law Society’s Gazette

Posted March 15th, 2018 in appeals, bias, judges, news, recusal by sally

‘A trial judge was right not to recuse himself from a dispute over building work despite meeting one party’s advocate in private and discussing elements of the case, the Court of Appeal has ruled.’

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Law Society's Gazette, 15th March 2018

Source: www.lawgazette.co.uk

John Worboys: Victims challenge rapist’s release from prison – BBC News

Posted March 13th, 2018 in appeals, news, parole, release on licence, sexual offences, victims by sally

‘Two victims of the rapist John Worboys are due to begin a High Court challenge against the decision to release him from prison.’

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BBC News, 13th March 2018

Source: www.bbc.co.uk

Law Pod UK Ep. 24: Right of residence under EU rules – 1 COR

Posted March 12th, 2018 in appeals, citizenship, EC law, families, immigration, news by sally

‘Rosalind English talks to Jonathan Metzer about how family members of UK citizens, who don’t themselves have citizenship, obtain a residence card under EU rules – and how they can appeal if they’re refused.’

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Law Pod UK, 6th March 2018

Source: audioboom.com

Judicial review or internal appeal against bias? – UK Police Law Blog

Posted March 9th, 2018 in appeals, bias, judicial review, news, police, recusal, tribunals by sally

‘Where a police officer makes an unsuccessful application for a panel to recuse itself on the grounds of perceived (or actual) bias, can he apply for judicial review of the decision before exhausting his ‘internal’ right of appeal (under rule 4(4)(c) of the Police Appeals Tribunal Rules 2012)?’

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UK Police Law Blog, 9th March 2018

Source: ukpolicelawblog.com

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Triple killer Theodore Johnson has jail term increased – BBC News

Posted March 9th, 2018 in appeals, murder, news, sentencing by sally

‘A man who killed three former partners has had his minimum jail term increased to 30 years.’

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BBC News, 8th March 2018

Source: www.bbc.co.uk

One bad reason need not cancel out withholding of consent – OUT-LAW.com

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by sally

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

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OUT-LAW.com, 7th March 2018

Source: www.out-law.com

Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by sally

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

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Panopticon, 5th March 2018

Source: panopticonblog.com

Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by sally

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith PI, 5th March 2018

Source: zenithpi.wordpress.com

Integrity is ‘more than mere honesty’ CoA tells solicitors – Law Society’s Gazette

‘Dishonesty and lack of integrity cannot be treated as synonymous for the purposes of assessing a solicitor’s conduct, the Court of Appeal has ruled.’

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Law Society's Gazette, 8th March 2018

Source: www.lawgazette.co.uk

Appeal court upholds ruling on Alfie Evans life support – The Guardian

Posted March 7th, 2018 in appeals, children, consent, medical treatment, news by sally

‘The parents of a seriously ill 21-month-old boy have lost the latest stage of a legal fight to keep him on life support.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

European court rejects appeal in Isaiah Haastrup life support case – The Guardian

Posted March 7th, 2018 in appeals, birth, children, consent, human rights, medical treatment, news by sally

‘An 11th-hour appeal to European court judges by the father of the profoundly brain-damaged baby Isaiah Haastrup to try to prevent doctors from withdrawing his son’s life-sustaining treatment has failed.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by sally

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

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UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) – Zenith PI

Posted March 5th, 2018 in appeals, costs, health, news, part 36 offers, personal injuries, rescission 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.’

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Zenith PI, 1st March 2018

Source: zenithpi.wordpress.com

‘Mate Crime’ duo jailed for longer after Solicitor General intervenes in their case – Attorney General’s Office

Posted March 2nd, 2018 in appeals, false imprisonment, press releases, sentencing, wounding by sally

‘Matthew Ward and Marcus Cullumbine have had their sentences increased after the Solicitor General referred them for being too low.’

Press release

Attorney General’s Office, 1st March 2018

Source: www.gov.uk/ago

Surrey woman who killed husband can challenge murder conviction – The Guardian

Posted March 2nd, 2018 in appeals, domestic violence, murder, news by sally

‘A woman who bludgeoned her husband to death with a hammer has won the latest round in an attempt to appeal against her conviction for murder. Georgina Challen attacked 61-year-old Richard Challen in August 2010 as he ate lunch at the kitchen table in their former home in Claygate, Surrey. In June 2011 a jury at Guildford crown court took 11 hours to find Challen, known as Sally, guilty of murdering the former car dealer. She was jailed for life with a minimum term of 22 years, which was later reduced on appeal by four years. On Thursday, three court of appeal judges allowed Challen leave to appeal against the conviction.’

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The Guardian, 1st March 2018

Source: www.theguardian.com

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

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Legal Futures, 28th February 2018

Source: www.legalfutures.co.uk

The importance of considering all the options in relocation cases – Family Law

Posted February 28th, 2018 in appeals, children, news, residence orders by sally

‘Family analysis: Catherine Wood QC, of 4 Paper Buildings, reviews the decision in Re M (International Relocation: Welfare Analysis) [2017] EWCA Civ 2356 in which the Court of Appeal held that the judge had failed to carry out the sophisticated and complex analysis required in a relocation case.’

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Family Law, 27th February 2018

Source: www.familylaw.co.uk