Jamie Barrow: Man who murdered family has jail sentence reduced – BBC News
‘A man who killed a mother and her two daughters by setting fire to a flat has had his sentence reduced.’
BBC News, 14th May 2024
Source: www.bbc.co.uk
Category: appeals
Don’t dilly-dally on appeals, and mortgage lender paying service charges. – Nearly Legal
‘Santander PLC v Harris (2024) EWHC 351 (KB). This was an application by Mr Harris for an extension of time to appeal a mortgage possession order of his flat made in favour of Santander, his lender, with a money judgment for £195,308.64 in mortgage arrears. The possession order was in December 2021 so Mr Harris was seeking an extension of time of some 14 months.’
Nearly Legal, 12th May 2024
Source: nearlylegal.co.uk
New UK AI patent guidance issued ahead of appeal hearing – OUT-LAW.com
‘The UK’s Intellectual Property Office (IPO) has issued updated guidelines for examining patent applications relating to artificial intelligence (AI) inventions just days before the Court of Appeal in London is due to hear arguments in a case that triggered the release of the revised guidance.’
OUT-LAW.com, 10th May 2024
Source: www.pinsentmasons.com
Case Law Update: Savage V Savage [2024] EWCA Civ 49 – St Philips Barristers
‘In Savage v Savage [2024] EWCA Civ 49 (“Savage”), the Court of Appeal reached a much required decision on the statutory interpretation of Section 15 of the Trusts of Land and Appointment of Trustees Act 1996 (“TOLATA 1996”) and held that, when considering an application under Section 14 TOLATA 1996 and a dispute between beneficiaries of a trust of land, the Court was permitted to consider the circumstances and wishes of the minority beneficiaries under Section 15 (3) TOLATA 1996.’
St Philips Barristers, 16th April 2024
Source: st-philips.com
End majority jury verdicts to prevent more justice ‘horror’, says Malkinson – The Guardian
‘Andrew Malkinson says he could have been spared “20 years of darkness and despair” if the jury system had not been changed to allow majority verdicts.’
The Guardian, 9th May 2024
Source: www.theguardian.com
Time for Parliament to act? The PACCAR decision of the UK Supreme Court – Legal Studies
‘Litigation funding has become an essential ingredient in collective actions for breaches of competition law brought in the Competition Appeal Tribunal (CAT). In the recent PACCAR proceedings, the Supreme Court was asked to rule on the nature and enforceability of litigation funding agreements (LFAs) between third-party litigation funders and group representatives where the success fee is determined as a percentage of the damages award. The Court held with a 4:1 majority (Lady Rose dissenting) that the LFAs in question are damages-based fee agreements (DBAs) and, as such, unenforceable. This judgment has wide-ranging consequences, as the CAT is unlikely to allow collective actions to proceed if the funding agreements cannot be relied on. The decision has caused uncertainty and upheaval in the funding market as a considerable number of funding agreements in collective proceedings contain DBAs. It also triggered legal challenges in collective proceedings where funders are seeking to amend the funding agreements to deal with the Supreme Court ruling. The fall-out from the decision suggests that funding rules for collective actions may need more legislative attention – litigation funding was given some thought during the drafting of the opt-out action regime, but the legal framework for litigation funding remains fragmented and open to interpretation.’
Legal Studies, 6th May 2024
Source: www.cambridge.org
Court of Appeal rejects challenge over enforcement notice and application of Murfitt principle – Local Government Lawyer
‘A planning inspector misdirected himself in a dispute over the construction of a house in Beaconsfield and misunderstood case law, the Court of Appeal has ruled.’
Local Government Lawyer, 9th May 2024
Source: www.localgovernmentlawyer.co.uk
A lonely island in the LIBOR scandal – Law Society’s Gazette
‘Afascinating debate looks set to continue to the Supreme Court after the Court of Appeal dismissed the appeals of former traders Tom Hayes and Carlo Palombo. This case not only places traders back in the spotlight; it also subjects the Court of Appeal itself to scrutiny for the global uncertainty resulting from its judgment and its role as gatekeeper to the Supreme Court.’
Law Society's Gazette, 7th May 2024
Source: www.lawgazette.co.uk
Woman who caused cyclist to fall into car’s path has manslaughter conviction quashed – The Guardian
‘A woman who shouted and waved at a cyclist, causing her to fall into the path of a moving car, has had her manslaughter conviction overturned.’
The Guardian, 8th May 2024
Source: www.theguardian.com
The statutory nuisance regime – Local Government Lawyer
‘Piers Riley-Smith analyses a Court of Appeal case concerning whether there was a legal power to vary an Abatement Notice issued under s.80 of the Environmental Protection Act 1990.’
Local Government Lawyer, 8th May 2024
Source: www.localgovernmentlawyer.co.uk
“Sentencing decisions cannot be prescribed by accidents of time” – Mountford Chambers
‘Stephanie Panchkowry considers the mandatory minimum term for young people in the light of the recent case of Kamarra-Jarra (Ismaila) [2024] EWCA Crim 198.’
Mountford Chambers, 24th April 2024
Source: www.mountfordchambers.com
Navigating housing rights, education and religious freedom: Ghaoui – Law & Religion UK
‘In Ghaoui v London Borough of Waltham Forest [2024] EWCA Civ 405, Mr Ghaoui, his wife and two young children lived in the London Borough of Waltham Forest. They were rendered homeless in April 2019 and Mr Ghaoui applied to the local authority for assistance with accommodation. In September 2019, he sent his older child to a fee-paying Muslim nursery in Waltham Forest [2]. The family was evicted in March 2020 and Waltham Forest LBC provided temporary accommodation in the Harlow area, some 20 miles from their previous address, which made it harder for the parents to get to work in London and for the child to go to the nursery [3]. In early September 2022, the younger child entered the same nursery [5]. Mr Ghaoui argued that in offering them accommodation 20 miles from the school, Waltham Forest was “not considering their rights”, while Waltham Forest explained at some length that it was not under any legal duty to provide accommodation that allowed the children to attend a specific religious school: in short, it was not a housing “need” [6]. The point at issue was whether or not the local authority was, in fact, under any such obligation.’
Law & Religion UK, 1st May 2024
Source: lawandreligionuk.com
Anti-suit injunction issued by English court to halt Russian proceedings – OUT-LAW.com
‘A ruling requiring a Gazprom entity, RusChemAlliance (RCA), to bring an end to litigation proceedings in Russia was upheld by the UK Supreme Court on Tuesday, in a complex case that has raised questions relating to the jurisdiction of courts and the interpretation of arbitration agreements.’
OUT-LAW.com, 23rd April 2024
Source: www.pinsentmasons.com
Everton’s Appeal Provides Sanction Guidance – 3 Hare Court
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
Insight and ‘conduct fundamentally incompatible with continued registration’: PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin) – 2 Hare Court
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
Alerter by Jack Castle – Formal notice not required to have “sought to take” parental leave – Henderson Chambers
‘In Hilton Foods Solutions v Wright [2024] EAT 28 the Employment Appeal Tribunal considered the meaning of “sought to take” parental leave in the Maternity and Parental Leave etc. Regulations 1999. Whether an employee “sought to take” parental leave is a factual matter for the Employment Tribunal taking into account all relevant evidence. Importantly, it is not necessary for an employee to give formal notice under Schedule 2 of those Regulations. This may also apply to other forms of leave with protection for those who “sought to take” it, including the new entitlement to carer’s leave.’
Henderson Chambers, 25th March 2024
Source: www.hendersonchambers.co.uk
Two for one: one case but two decisions on occupation under the Landlord and Tenant Act 1954 (Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024] EWHC 539 (Ch); [2024] PLSCS 49) – Gatehouse Chambers
‘Royal Borough of Kensington & Chelsea (“the Council”) is the freeholder of a building on the Portobello Road, London W11. In 2012, Mellcraft Ltd (“Mellcraft”) took a five year lease of the first and second floors of the property (“the flat”). Shortly afterwards, a lease of the ground floor shop was granted to another company controlled by the same director. The director (“M”) lived in the flat and conducted Mellcraft’s business from it. Mellcraft had no other business premises.’
Gatehouse Chambers, 16th April 2024
Source: gatehouselaw.co.uk
The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied – Gatehouse Chambers
‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’
Gatehouse Chambers, 12th April 2024
Source: gatehouselaw.co.uk
The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers
‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’
Guildhall Chambers, 11th March 2024
Source: www.guildhallchambers.co.uk
