‘An ultra-Orthodox Jew who left her community to start a new life as a woman has been allowed an appeal by The Court of Appeal. This overturned an earlier ruling that she should have no direct contact with her five children.’
Rights Info, 2nd January 2018
Source: rightsinfo.org
‘A defendant was entitled to withdraw admission of liability in the face of a personal injury claim which rocketed in size from less than £25,000 to over £300,000, the Court of Appeal has ruled.’
Litigation Futures, 3rd January 2018
Source: www.litigationfutures.com
‘If an individual has in years past paid him or herself for mental health aftercare services, which should have been paid for by public bodies, does that person have a valid restitution claim to be refunded the monies spent? The Court of Appeal in Richards v Worcestershire County Council [2017] EWCA Civ 1998 has upheld the decision of Newey J at first instance, that a claimant can bring a private law action against public authorities under Part 7 of the CPR, when it is alleged that:
· the public authority was responsible for providing mental health aftercare services to the claimant pursuant to section 117 of the Mental Health Act 1983;
· aftercare services were received by the claimant; and
· those services were paid for by the claimant themselves.
Such a claim would be brought in restitution, on the basis that the payments made by the claimant served to relieve the public authority of liabilities which they ought to have been bearing under section 117.’
Community Care Blog, 18th December 2017
Source: communitycare11kbw.com
‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’
The Guardian, 20th December 2017
Source: www.theguardian.com
‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’
Daily Telegraph, 20th December 2017
Source: www.telegraph.co.uk
‘A woman jailed for murdering a mother of eight has had an appeal against her conviction and sentence rejected.’
BBC News, 20th December 2017
Source: www.bbc.co.uk
‘The Court of Appeal has rejected a Leeds law firm’s challenge to a ruling that it submitted a series of dishonest costs claims.’
Litigation Futures, 18th December 2017
Source: www.litigationfutures.com
‘The Court of Appeal has rejected the arguments of a convicted VAT fraudster that her former solicitors pressured her to drop an appeal that included a claim that they represented her badly and helped land her in jail.’
Legal Futures, 19th December 2017
Source: www.legalfutures.co.uk
‘A regional costs judge was “quite wrong” to assume that “his underwriting skill was better than that of the underwriter” and slashing an after-the-event insurance premium by 85%, the High Court has ruled.’
Litigation Futures, 18th December 2017
Source: www.litigationfutures.com
‘A local authority and a clinical commissioning group have failed to convince the Court of Appeal that a restitutionary claim for payment of after-care services should be struck out as an abuse of process.’
Local Government Lawyer, 18th December 2017
Source: www.localgovernmentlawyer.co.uk
‘Employers keen to make changes to employee terms and conditions but who are unable to come to an agreement with a recognised trade union must be wary of collective bargaining laws, an expert has warned.’
OUT-LAW.com, 14th December 2017
Source: www.out-law.com
‘The Court of Appeal has dismissed two challenges to the issue by the UK’s HM Revenue & Customs (HMRC) of notices requiring the payment of disputed tax upfront. The Court dismissed the taxpayers’ appeals against two High Court decisions rejecting judicial review challenges to the issue of accelerated payment notices (APNs) and partner payment notices (PPNs).’
OUT-LAW.com, 15th December 2017
Source: www.out-law.com
‘A firm of solicitors should have warned a client of the significant risk that a tax avoidance scheme would not withstand a challenge from HM Revenue & Customs (HMRC), the Court of Appeal has ruled.’
Legal Futures, 12th December 2017
Source: www.legalfutures.co.uk
‘The Employment Appeal Tribunal has begun hearing the government’s challenge to a ruling that its transitional pension arrangements for 210 judges amount to unlawful age discrimination.’
Law Society's Gazette, 11th December 2017
Source: www.lawgazette.co.uk
‘The case of Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808, which arose out of the arrest of Ms Durrant on 13 June 2009, seems finally to have come to a conclusion, after three visits to the Court of Appeal. It is worth reading for its discussion on the award of damages for injury to “loss of feelings” where the police have racially discriminated against a person whom they have arrested and when aggravated and/or exemplary damages will be awarded.’
UK Police Law Blog, 11th December 2017
Source: ukpolicelawblog.com
‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’
4 New Square, 5th December 2017
Source: www.4newsquare.com
‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’
UK Constitutional Law Association, 11th December 2017
Source: ukconstitutionallaw.org
‘Uber will defend its right to operate in London in a court hearing on Monday after the app was deemed unfit to run a taxi service and stripped of its licence in its most important European market.’
The Independent, 11th December 2017
Source: www.independent.co.uk
‘The First Tier Tribunal is entitled to rely on an applicant to send its application, but not the FTT’s subsequent decision, to the respondents to that application. Time will not start running for a party to apply for a permission to appeal until the FTT has itself provided a copy of its decision to that party.’
Tanfield Chambers, 1st December 2017
Source: www.tanfieldchambers.co.uk
‘A University of Oxford student who avoided prison after stabbing her boyfriend has appealed against the suspended sentence handed to her.’
The Guardian, 7th December 2017
Source: www.theguardian.com
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