‘Court rules in favour of journalist Simon Lewis who made FoI request to see diary passages from period of health reforms.’
The Guardian, 24th May 2017
Source: www.guardian.co.uk
‘A group of teachers have won a “landmark victory” against their employer, after having too much pay deducted from their annual salaries. The Supreme Court decision follows a lengthy legal battle involving three teachers at King Edward VI College in Stourbridge, who took part in a union-led strike in 2011 over changes to public sector pensions.’
The Independent, 24th May 2017
Source: www.independent.co.uk
‘Kit Kat manufacturer Nestlé has had its bid to trade mark the shape of its four-fingered chocolate bar rejected by the Court of Appeal in London in a ruling which could impact on similar applications to trade mark shapes deemed not to be inherently distinctive.’
OUT-LAW.com, 23rd May 2017
Source: www.out-law.com
‘The parents of a baby with a rare genetic condition have urged appeal judges not to stand in the way of their “only remaining hope” of his survival.’
BBC News, 23rd May 2017
Source: www.bbc.co.uk
‘FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017, Court of Appeal. FB fell ill with meningitis when she was just one. The illness was diagnosed too late, and she suffered brain damage. This appeal was against the judge’s dismissal of the claim against the hospital, where she was seen, some time before she was admitted and the infection treated. All agreed that avoiding the time between being seen and being admitted could have led to the brain damage being avoided.’
UK Human Rights Blog, 22nd may 2017
Source: www.ukhumanrightsblog.com
‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’
Local Government Law, 22nd May 2017
‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’
Local Government Lawyer, 22nd May 2017
Source: www.localgovernmentlawyer.co.uk
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’
Free Movement, 18th May 2017
Source: www.freemovement.org.uk
‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’
Zenith PI Blog, 17th May 2017
Source: www.zenithpi.wordpress.com
‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’
Zenith PI Blog, 16th May 2017
Source: www.zenithpi.wordpress.com
‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’
Law Society’s Gazette, 16th May 2017
Source: www.lawgazette.co.uk
‘KitKat-maker Nestlé has been foiled again, after a UK Court of Appeal ruled that the consumer goods giant cannot trademark the shape of its popular four-fingered chocolate bar.’
The Independent, 17th may 2017
Source: www.independent.co.uk
‘Frances Bailey, Principal Associate and Naomi Shelton, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during April 2017.’
Family Law Week, 12th may 2017
Source: www.familylawweek.co.uk
‘The Court of Appeal has reversed the decision of the Employment Appeal Tribunal which had decided that a junior doctor’s contention that he was “a worker” in relation to Health Education England should be struck out as having no reasonable prospect of success. The decision is of importance not only to junior doctors but also more generally. Martin Fodder and Jeremy Lewis, two of the authors of Whistleblowing, Law and Practice, 3rd Edition, OUP, 2017 of Littleton, consider the judgment. David Reade QC and Nicholas Siddall (both also of Littleton) appeared in the case representing Health Education England.’
Littleton Chambers, 9th May 2017
Source: www.littletonchambers.com
‘The equity of exoneration is a principle which arises at the difficult intersection of the law of sureties and proprietary interests in jointly-owned property – commonly, family homes. It is a common law doctrine which saw much development in the latter part of the 19th Century, and had not been properly considered by the Court of Appeal since 1898 before the case of Williams v Onyearu.’
Hardwicke Chambers, 9th May 2017
Source: www.hardwicke.co.uk
‘Aggregation clauses are commonly used in professional liability policies and can have a substantial impact on the recoverable damages in a claim. The Supreme Court considered the proper construction of the aggregation clause in the Law Society’s Minimum Terms and Conditions (“the Minimum Terms”) in AIG Europe v Woodman [2017] UKSC 18 and in so doing also provided useful guidance on the approach to be taken to the construction of aggregation clauses more generally.’
Hardwicke Chambers, 12th May 2017
Source: www.hardwicke.co.uk
‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’
Legal Futures, 16th May 2017
Source: www.legalfutures.co.uk
‘How should a judge direct a jury where an expert witness has given their opinion on the “ultimate issue” to be decided in the case? The answer, the Court of Appeal has confirmed, is: carefully. In R v Sellu [2016] EWCA Crim 1716, the Court of Appeal overturned the conviction of the Appellant, a consultant surgeon, for gross negligence manslaughter on the grounds that the trial judge had failed to adequately direct the jury as to the meaning of gross negligence, in circumstances where expert witnesses had expressly given their view as to whether the conduct of the Appellant amounted to the same.’
Full story (PDF)
Henderson Chambers, 19th April 2017
Source: www.hendersonchambers.co.uk
‘Judgment has been handed down by the Court of Appeal in Jones v Canal & River Trust (2017) EWCA Civ 135. The case concerned a claim brought by the Canal and River Trust (‘the C&RT’) to remove Mr Jones’ boat using its powers under the British Waterways Acts 1971 and 1983 (‘the Acts’) and for injunctive relief restraining him from mooring, navigating or securing his boat on any of its waterways. Mr Jones raised an Article 8 European Convention on Human Rights defence arguing, inter alia, that the C&RT had not carried out any or any adequate proportionality assessment. The county court at first instance struck out the Article 8 defence, a decision which the Court of Appeal has now overturned.’
Full story (PDF)
Henderson Chambers, 10th April 2017
Source: www.hendersonchambers.co.uk
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