Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer

Posted September 13th, 2017 in appeals, compensation, local government, news, trees, tribunals by sally

‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’

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Local Government Lawyer, 13th September 2017

Source: localgovernmentlawyer.co.uk

Predatory paedophile has his sentence increased by 3 years – Attorney General’s Office

‘Abingdon man who used fake online profiles to abuse children has his sentence increased by the Court of Appeal.’

Full press release

Attorney General’s Office, 12th September 2017

Source: www.gov.uk/ago

Landmark appeal judgment dents libel threshold hopes – Law Society’s Gazette

‘A Court of Appeal ruling has dealt a blow to hopes that the 2013 Defamation Act would raise the bar to libel actions in England and Wales courts. In Bruno Lachaux v Independent Print Limited and Evening Standard Limited, and Bruno Lachaux v AOL (UK) Limited, the court dismissed an appeal by publishers against a High Court finding that a French national living in Dubai had been caused “serious harm” by the publication of allegations by his former wife.’

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Law Society's Gazette, 12th September 2017

Source: www.lawgazette.co.uk

Song labelling gay couple ‘fairy’ and ‘fag’ is not homophobic, court rules – The Independent

‘A song labelling gay men as “fairies” and “fags” is not homophobic, a court has ruled.’

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The Independent, 12th September 2017

Source: www.independent.co.uk

Using Part 8 to “appeal” adjudicator’s decision – Practical Law: Construction Blog

Posted September 12th, 2017 in appeals, arbitration, construction industry, contracting out, contracts, news by sally

‘It isn’t every day that we get to refer to Will Smith’s “wicky wicky wild wild wild west“, on this blog, but Jonathan managed it last year when he discussed Fraser J’s judgment in Beumer Group UK Ltd v Vinci Construction UK Ltd. The parties have been before the court again, this time before O’Farrell J, on a Part 8 declaratory relief application. There is no mention of the wild west this time around. It was all about whether the adjudicator had correctly interpreted the parties’ sub-contract. Not a subject for cowboys!.’

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Practical Law: Construction Blog, 12th September 2017

Source: constructionblog.practicallaw.com

White supremacist has jail sentence cut as court hears he was ‘not as racist as his Facebook friends’ – Daily Telegraph

Posted September 8th, 2017 in appeals, inciting racial hatred, internet, news, racism, sentencing by sally

‘A white supremacist has had his prison sentence cut after the Court of Appeal heard he was not as racist as some of his Facebook friends. Lawrence Burns, 23, who wanted to protect an “advanced warrior race of white men and women,” was jailed for four years for stirring up racial hatred following a trial at Cambridge Crown Court late in 2016.’

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Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Crown Prosecution Service – Family Law

‘In D (Appeal: Failure of Case Management) [2017] EWHC 1907 (Fam) the Court of Appeal recently considered the mother’s application for an appeal which raised issues about judicial case management and in particular the court’s approach to the cross examination of an alleged victim by an alleged abuser.’

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Family Law, 7th September 2017

Source: www.familylaw.co.uk

Coventry killers face longer in jail – Attorney General’s Office

Posted September 7th, 2017 in appeals, deferred prosecution agreements, murder, news, sentencing by sally

‘Murderers Stephen Weeks and Drew Thorpe have had their sentences increased following ULS referral.’

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Attorney General's Office, 6th September 2017

Source: www.gov.uk

Finance and Divorce Update September 2017 – Family Law Week

Posted September 7th, 2017 in agreements, appeals, divorce, financial provision, news, Supreme Court by sally

‘Sue Brookes, Principal Associate with Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during August 2017.’

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Family Law Week, 1st September 2017

Source: www.familylawweek.co.uk

Court of Appeal finds for council in first appeal on Care Act 2014 provisions – Local Government Lawyer

Posted September 5th, 2017 in appeals, disabled persons, local government, news, social services by sally

‘The Court of Appeal has dismissed a severely disabled man’s appeal over a decision by a county council to reduce his personal budget from £1,651 per week to £950 per week and to revise his care and support plan.’

Full Story

Local Government Lawyer, 4th September 2017

Source: www.localgovernmentlawyer.co.uk

New laws on laughing gas face court challenge – Daily Telegraph

Posted September 4th, 2017 in appeals, drug offences, legislation, news by sally

‘An undergraduate who became one of the first people to be convicted for selling laughing gas or “hippy crack” is to launch an appeal after similar court cases collapsed over confusion surrounding the law.’

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Daily Telegraph, 3rd September 2017

Source: www.telegraph.co.uk

Campaigners launch last-ditch appeal to stop fracking in Lancashire – The Guardian

Posted August 30th, 2017 in appeals, environmental protection, fracking, local government, news, planning by sally

‘A last-ditch legal challenge to prevent fracking in Lancashire is being launched at the court of appeal.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

Law Society fails in bid to throw out claim by firm over false ‘Find A Solicitor’ entry – Legal Futures

‘The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online “Find a Solicitor” (FAS) facility turned out to be false.’

Full Story

Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk

Court of Appeal urges greater sentencing vigilance – Law Society’s Gazette

Posted August 29th, 2017 in appeals, news, sentencing by sally

‘Judges are entitled to expect assistance from advocates when dealing with lengthy sentencing lists, the Court of Appeal has said in a case highlighting challenges with “modern” sentencing legislation.’

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Law Society's Gazette, 25th August 2017

Source: www.lawgazette.co.uk

DWP spends £39m defending decisions to strip benefits from sick and disabled people – The Independent

‘Freedom of Information requests have exposed how taxpayers’ money has been spent on futile legal battles to prevent vulnerable people receiving help.’

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The Independent, 29th August 2017

Source: www.independent.co.uk

Children: Public Law Update (August 2017) – Family Law Week

‘John Tughan QC of 4 Paper Buildings reviews a range of recent important public law cases.’

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Family Law Week, 9th August 2017

Source: www.familylawweek.co.uk

Judge quashes decision by minister over dismissal of planning conditions – Local Government Lawyer

Posted August 23rd, 2017 in appeals, construction industry, news, planning by sally

‘A judge has quashed a decision by Communities Secretary Sajid Javid to overrule an inspector and refuse planning permission for a housing development in Cheshire.’

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Local Government Lawyer, 22nd August 2017

Source: www.localgovernmentlawyer.co.uk

Discrimination Update – 11KBW

‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’

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11KBW, 10th August 2017

Source: www.11kbw.com

R (UNISON) v Lord Chancellor – Blackstone Chambers

Posted August 22nd, 2017 in appeals, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court today [30 July] allowed UNISON’s appeal and held that fees imposed in respect of proceedings in employment tribunals and the Employment Appeal Tribunal are unlawful because of their effects on access to justice.’

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Blackstone Chambers, 30th July 2017

Source: www.blackstonechambers.com

BAE Systems (Operations) Ltd v Marion Konczak [2017] EWCA Civ 1188 – Blackstone Chambers

‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’

Full Story

Blackstone Chambers, 31st July 2017

Source: www.blackstonechambers.com