Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

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Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Government appeals against High Court ruling that benefit cap ’causes misery to no good purpose’ – Independent

Posted October 25th, 2017 in appeals, benefits, families, news by michael

‘The Government has launched an appeal against a ruling that its controversial benefits cap unlawfully discriminates against lone parents with children under two.’

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Independent, 24th October 2017

Source: www.independent.co.uk

Council wins appeal over residential care payments and revenue streams – Local Government Lawyer

Posted October 24th, 2017 in appeals, care homes, elderly, fees, local government, news by sally

‘The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for residential care for the elderly.’

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Local Government Lawyer, 23rd October 2017

Source: www.localgovernmentlawyer.co.uk

Birmingham pub bombings: Families to challenge inquest ruling – BBC News

Posted October 23rd, 2017 in appeals, explosives, families, inquests, news, victims by sally

‘Families of victims of the Birmingham pub bombings have been granted permission to challenge a coroner who ruled out naming alleged suspects during inquests into the tragedy.’

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BBC News, 20th October 2017

Source: www.bbc.co.uk

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

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Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Child killer gets longer life sentence – Attorney General’s Office

Posted October 19th, 2017 in appeals, murder, press releases, sentencing by sally

‘Marvyn Iheanacho who killed a 5 year old boy has had his sentence increased by 3 years after representation at the Court of Appeal by the Solicitor General.’

Full press release

Attorney General’s Office, 17th October 2017

Source: www.gov.uk/ago

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

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Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by sally

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by sally

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

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BBC News, 18th October 2017

Source: www.bbc.co.uk

Catford park murder: Longer sentence for lost shoe boy killer – BBC News

Posted October 18th, 2017 in abuse of position of trust, appeals, murder, news, sentencing by sally

‘A killer who beat a five-year-old boy to death for losing a trainer in a park has had his prison sentence extended to a minimum of 21 years.’

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BBC News, 17th October 2017

Source: www.bbc.co.uk

Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by sally

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

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OUT-LAW.com, 16th October 2017

Source: www.out-law.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by sally

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

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Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by sally

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

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Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by sally

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

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Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

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Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

Full Story

NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk

Copyright in Photographs – Pablo Star Media Ltd v Bowen – NIPC Law

‘The infringement that was the subject of the appeal was the lifting of a fragment of a photo of the great man’s wedding photo in 1937 from the VisitWales.com website and its reuse on a website that advertises holiday cottages in Wales. Liability was not contested so the hearing before Deputy District Judge Vary was an assessment of damages only. According to paragraph [7] of Judge Hacon’s judgment, the learned deputy district judge awarded £250 on the user principle and declined to award additional damages under s.97 (2) of the Copyright, Designs and Patents Act 1988 (“the CDPA”). He ordered the copyright owner to pay the infringer’s travelling expenses on the ground that the claimant had failed in its obligation under CPR 1.3 to help the court further the overriding objective by bringing proceedings in the Irish Republic for infringement of the corresponding Irish copyright and threatening similar proceedings in the USA to maximize cost and pressure on the defendant to settle.’

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NIPC Law, 15th October 2017

Source: nipclaw.blogspot.co.uk

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

Full Story

Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk