Category: appeals

Supreme Court go-ahead for barrister’s race claim against regulator – Law Society’s Gazette

Posted December 7th, 2017 in appeals, barristers, disciplinary procedures, human rights, news, professional conduct, race discrimination, Supreme Court by sally

‘A practising barrister who alleges that her regulator discriminated against her on grounds of her race in bringing disciplinary proceedings has won the backing of the UK’s highest court. In O’Connor v Bar Standards Board, five Supreme Court justices unanimously granted Daphne Evadney Portia O’Connor’s appeal against a Bar Standards Board decision to strike out a claim that the BSB had acted unlawfully in charging her with professional misconduct.’

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Law Society's Gazette, 6th December 2017

Source: www.lawgazette.co.uk

To Me …To You… – Assign of Things To Come – Budana and CFA Assignment in the Court of Appeal – Zenith PI Blog

Posted December 7th, 2017 in appeals, fees, law firms, news by sally

‘The Court of Appeal has handed down its long-awaited judgment in the case of Alina Budana (Appellant) v Leeds Teaching Hospitals NHS Trust (Respondent) & Law Society (Intervener) [2017] EWCA Civ 1980.’

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Zenith PI Blog, 7th December 2017

Source: zenithpi.wordpress.com

Supreme Court rejects appeal by council over reasons for planning decision – Local Government Lawyer

Posted December 7th, 2017 in appeals, areas of outstanding natural beauty, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously rejected a council’s appeal over the quashing of the grant of planning permission for a controversial residential development in an area of outstanding natural beauty.’

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Local Government Lawyer, 6th December 2017

Source: www.localgovernmentlawyer.co.uk

Data Breach, Group Actions, and the criminal insider: the Morrisons case – Panopticon

Posted December 7th, 2017 in appeals, damages, data protection, mental health, news, vicarious liability by sally

‘In Vidal-Hall v Google [2015] EWCA Civ 311 the Court of Appeal held that damages claims under section 13 of the Data Protection Act 1998 (DPA) can be brought on the basis of distress alone, without monetary loss. Since that decision there has much speculation that a major data breach could lead to distress-based claims against the data controller by a large class of individuals. Even if each individual claim was modest (in the hundreds or low thousands of pounds) the aggregate liability could be substantial.’

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Panopticon, 6th December 2017

Source: panopticonblog.com

Supreme Court rules on time limitation for claims under the Human Rights Act – UK Human Rights Blog

Posted December 7th, 2017 in appeals, barristers, disciplinary procedures, human rights, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court has ruled that a barrister’s claim against the Bar Standards Board for discrimination should not be time barred under the one year limit prescribed by the Human Rights Act. In her case, the Court said, the time limit for bringing proceedings only started running when she successfully appealed against disciplinary action taken against her. The decision to bring disciplinary proceedings and the subsequent hearings were part of a single process, not a series of disparate acts which set the time limitation period running.’

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UK Human Rights Blog, 6th December 2017

Source: ukhumanrightsblog.com

Council defeats High Court challenge over care home fees increase – Local Government Lawyer

Posted December 7th, 2017 in appeals, care homes, fees, local government, news by sally

‘Essex County Council has successfully defended a judicial review challenge to the fees it proposed paying to operators of care homes.’

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Local Government Lawyer, 7th December 2017

Source: www.localgovernmentlawyer.co.uk

Pre-LASPO CFA was validly transferred to new firm, Court of Appeal rules – Litigation Futures

Posted December 6th, 2017 in agreements, appeals, assignment, contracts, fees, law firms, news by sally

‘The transfer of a conditional fee agreement (CFA) from one law firm to another around the time of the Jackson reforms was valid and the success fee can still be recovered from the defendant, the Court of Appeal has ruled.’

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Litigation Futures, 5th December 2017

Source: www.litigationfutures.com

Uber request to take drivers’ rights case directly to top UK court rejected – Daily Telegraph

Posted December 5th, 2017 in appeals, courts, employment, news, Supreme Court, taxis by sally

‘Uber’s request to take its appeal to overturn a ruling over drivers’ rights directly to the UK’s highest court, skipping the Court of Appeal, has been rejected.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Can Insurance Provide Security for Costs? – Premier Motorauctions Ltd (In Liquidation) and Another v PriceWaterhouseCoopers LLP & Another – Zenith PI Blog

Posted December 4th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal have considered the issue of whether or not an ATE policy is relevant when considering an application for security for costs.’

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Zenith PI Blog, 1st December 2017

Source: zenithpi.wordpress.com

Incurred and incurred again – Nearly Legal

Posted December 4th, 2017 in appeals, costs, landlord & tenant, leases, local government, news, service charges, time limits, tribunals by sally

‘Under section 20B(1) Landlord and Tenant Act 1985, a service charge must be demanded of the tenant within 18 months of the relevant cost having been incurred by the landlord. But what happens when there is a head landlord demanding a charge from an intermediate landlord who, in turn, passes the cost on to their lessees? When does the 18 months run from?’

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Nearly Legal, 1st December 2017

Source: nearlylegal.co.uk

Police officer who blackmailed member of the public has sentence increased – Attorney General’s Office

Posted December 1st, 2017 in appeals, blackmail, misfeasance in public office, police, press releases, sentencing by sally

‘Police officer has sentence increased after Solicitor General Robert Buckland QC MP referred his original sentence to the Court of Appeal.’

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Attorney General’s Office, 30th November 2017

Source: www.gov.uk/ago

Ex-wife of cheating travel boss demands share of his earnings on top of £10m payout – Daily Telegraph

Posted November 30th, 2017 in appeals, delay, divorce, financial provision, news by sally

‘The ex-wife of a travel boss who had multiple affairs is demanding a share of his future earnings on top of a £10m divorce payout, the court of appeal has heard.’

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Daily Telegraph, 29th November 2017

Source: www.telegraph.co.uk

Asylum seekers face appeals ‘lottery’ – BBC News

Posted November 29th, 2017 in appeals, asylum, legal aid, legal representation, news by sally

‘Asylum seekers are facing a “lottery” depending on where their appeal is heard, research by the BBC’s Victoria Derbyshire programme has found.’

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BBC News, 29th November 2017

Source: www.bbc.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

Can you draw a line between this case and Anisminic? – UK Human Rights Blog

Posted November 28th, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘As all lawyers know, the great case about courts confronting a no-go area for them is the late 1960’s case of Anisminic.’

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UK Human Rights Blog, November 2017

Source: ukhumanrightsblog.com

District wins first ever judicial review challenge to decision of planning inspector – Local Government Lawyer

Posted November 27th, 2017 in appeals, judicial review, local government, news, planning by sally

‘Tendring District Council has won its first ever judicial review challenge over a decision of a planning inspector.’

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Local Government Lawyer, November 2017

Source: www.localgovernmentlawyer.co.uk

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

Posted November 24th, 2017 in appeals, homelessness, housing, landlord & tenant, local government, London, news, statutory duty, statutory interpretation by sally

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Sex offender who targeted children online has sentenced increased – Attorney General’s Office

Posted November 24th, 2017 in appeals, child abuse, internet, press releases, sentencing, sexual offences by sally

‘Sex offender, Paul Leighton, has had his sentence increased to 20 years in prison.’

Full press release

Attorney General’s Office, 23rd November 2017

Source: www.gov.uk/ago

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

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Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk