Home Office treated couple living legally in UK ‘like criminals’ – The Guardian

Posted October 12th, 2017 in appeals, deportation, government departments, immigration, news by sally

‘A Spanish woman who has lived in the UK for 15 years has accused the Home Office of treating her family like criminals after her American husband and the father of her three children applied for a permanent residency (PR) card.’

Full Story

The Guardian, 11th October 2017

Source: www.theguardian.com

When is a financial agreement between a separating couple binding? – Family Law

Posted October 9th, 2017 in agreements, appeals, delay, disclosure, divorce, financial provision, news by sally

‘In the case of Briers v Briers [2017] EWCA Civ 15, Mrs Briers (W) issued financial remedy proceedings 11 years after she separated from Mr Briers (H), and eight years after H alleged they had reached a concluded agreement settling their financial affairs. The Court of Appeal found that the parties had not reached a concluded agreement, despite both acting on the agreement including the transfer of assets to one another. W could, therefore, bring further financial claims against H.’

Full Story

Family Law, 6th October 2017

Source: www.familylaw.co.uk

Competition Appeal Tribunal decision to refuse biggest-ever class action “not susceptible to appeal” – Litigation Futures

Posted October 5th, 2017 in appeals, class actions, competition, consumer credit, news, tribunals by sally

‘The Competition Appeal Tribunal (CAT) has refused solicitor Walter Merricks permission to appeal its decision to deny him a collective proceedings order (CPO) that would allow him bring a £14bn action against Mastercard on behalf of 46m people.’

Full Story

Litigation Futures, 4th October 2017

Source: www.litigationfutures.com

Man who shouted anti-semitic abuse at Jewish worshippers has sentence increased – Crown Prosecution Service

Posted October 5th, 2017 in appeals, hate crime, Judaism, news, religiously aggravated offences, sentencing by sally

‘A man who shouted antisemitic abuse at Jews on their way to morning prayers has been sentenced to a 12 month community order with 200 unpaid hours of work.’

Full Story

Crown Prosecution Service, 29th September 2017

Source: www.cps.gov.uk

Jealous ex has sentence increased after causing GBH – Attorney General’s Office

Posted October 5th, 2017 in appeals, grievous bodily harm, press releases, sentencing by sally

‘Graham Gawley has had his prison sentence increased after Solicitor General Robert Buckland QC MP referred it to the Court of Appeal.’

Full press release

Attorney General’s Office, 4th October 2017

Source: www.gov.uk/ago

Court to hear challenge to GCHQ bulk hacking of phones and computers – The Guardian

‘A challenge to GCHQ’s use of non-specific warrants to authorise the bulk hacking of smartphones, computers and networks in the UK is starting at the court of appeal.
The case, brought by the campaign group Privacy International (PI), is the latest twist in a protracted battle about both the legality of bulk surveillance and the primacy of civil courts over an intelligence tribunal that operates partly in secret.’

Full Story

The Guardian, 5th October 2017

Source: www.theguardian.com

‘Serious harm’ appeals dismissed – 5RB

Posted October 3rd, 2017 in appeals, defamation, news by sally

The case represents the first opportunity that the Court of Appeal has had to consider the meaning and effect of s.1(1) of the Defamation Act 2013. The judgment addresses this matter as well as a number of related issues of practice and procedure. By its judgment, the Court dismisses the defendants’ appeals, ruling in favour of the claimant on the facts and the law.

Full Story

5RB, 12th September 2017

Source: www.5rb.com

Consultation launched into new right of appeal at Investigatory Powers Tribunal – Home Office

Posted October 3rd, 2017 in appeals, consultations, investigatory powers, news, tribunals by sally

‘A public consultation on draft rules governing proceedings at the Investigatory Powers Tribunal has been launched today [29 September] by Security Minister Ben Wallace.’

Full Story

Home Office, 29th September 2017

Source: www.gov.uk

Children: Private Law Update (September 2017) – Family Law Week

Posted October 3rd, 2017 in appeals, children, news by sally

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Full Story

Family Law Week, 29th September 2017

Source: www.familylawweek.co.uk

Woman with learning disability loses legal fight to keep children – The Guardian

Posted October 3rd, 2017 in appeals, care orders, learning difficulties, news by sally

‘A woman with a “very significant” learning disability has lost the latest round of a legal fight over the care of her two children.’

Full Story

The Guardian, 2nd October 2017

Source: www.theguardian.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

Full Story

Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Council agrees to review 500+ benefit applications after tribunal appeal delays – Local Government Lawyer

Posted September 28th, 2017 in appeals, benefits, delay, news, social security, tribunals by sally

‘A city council has agreed to review more than 500 benefit applications after the Local Government and Social Care Ombudsman found delays in its appeals process.’

Full Story

Local Government Lawyer, 27th September 2017

Source: www.localgovernmentlawyer.co.uk

Public Law Clients with Learning Disabilities – Bridging the gap – Family Law Week

‘Gillian Geddes, barrister, of Hind Court considers the correct focus for public law arguments in support of parents with learning disabilities being allowed to care for their children.’

Full Story

Family Law Week, 20th September 2017

Source: www.familylawweek.co.uk

Uber appeals over tribunal ruling giving drivers benefits – BBC News

Posted September 27th, 2017 in appeals, employment, holiday pay, internet, news, self-employment, statutory sick pay, taxis by sally

‘An appeal by Uber against a ruling that its drivers are entitled to benefits such as holiday pay is due to be heard at an Employment Appeals Tribunal.’

Full Story

BBC News, 27th September 2017

Source: www.bbc.co.uk

Killer Aidan McAteer’s sentence increased over social media use – BBC News

Posted September 22nd, 2017 in appeals, dangerous driving, homicide, internet, news, sentencing, telecommunications by sally

‘A hit-and-run killer has had his jail term increased after he put posts on social media from inside prison.’

Full Story

BBC News, 21st September 2017

Source: www.bbc.co.uk

Council wins test appeal case against lettings agency ‘administration fees’ – Local Government Lawyer

Posted September 19th, 2017 in appeals, fees, landlord & tenant, local government, news, tribunals by sally

‘Camden Council has successfully appealed to the Upper Tribunal against a leading estate agency, Foxtons, using the term “administration fees” in their lettings agency work.’

Full Story

Local Government Lawyer, 18th September 2017

Source: localgovernmentlawyer.co.uk

High Court to hear appeal over decision to cut hourly rates in budget after doing same to incurred costs – Litigation Futures

Posted September 19th, 2017 in appeals, budgets, costs, news by sally

‘The High Court is set to provide guidance on whether a costs judge who reduces the hourly rates for incurred costs should then do the same to budgeted costs.’

Full Story

Litigation Futures, 19th September 2017

Source: www.litigationfutures.com

Paedophile has sentenced doubled under ULS scheme – Attorney General’s Office

Posted September 18th, 2017 in appeals, child abuse, news, sentencing, sexual offences by sally

‘A “House Parent” Stephen Joyce who sexually abused children while working at a boarding school in Torrington, Devon has sentence increased.’

Full Story

Attorney General's Office, 15th September 2017

Source: www.gov.uk

Court of Appeal clarifies ‘serious harm’ test under defamation laws – OUT-LAW.com

Posted September 14th, 2017 in appeals, defamation, media, news by sally

‘A new ruling by the Court of Appeal has confirmed that it will not be as challenging for people to bring defamation claims before the courts in England and Wales under new defamation laws as many media organisations may have hoped, a specialist in media litigation has said.’

Full Story

OUT-LAW.com, 13th September 2017

Source: www.out-law.com

Insurers have ‘duty to speak’ in claims management, rules Court of Appeal – OUT-LAW.com

Posted September 14th, 2017 in appeals, claims management, insurance, news by sally

‘Insurers have a positive obligation to make their position plain with insureds in the course of managing claims, the Court of Appeal has ruled. This “duty to speak” arises from good faith obligations in normal commercial contracts and not because of the more onerous utmost good faith obligations in insurance contracts. Those additional obligations, however, may “enlarge the circumstances in which a duty to speak arises”.’

Full Story

OUT-LAW.com, 13th September 2017

Source: www.out-law.com