From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by tracey

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Supreme Court litigation funding ruling poses challenge for mass actions – OUT-LAW.com

Posted July 31st, 2023 in appeals, competition, damages, news, Supreme Court, third parties by tracey

‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’

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OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

CA overturns ruling that £2.7bn class action should proceed as opt-in – Legal Futures

Posted July 31st, 2023 in appeals, banking, class actions, compensation, competition, news by tracey

‘The Court of Appeal last week overturned a decision that £2.7bn collective proceedings over a foreign exchange spot-trading cartel should be on an opt-in, rather than opt-out, basis.’

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Legal Futures, 31st July 2023

Source: www.legalfutures.co.uk

Judge right to award lying libel claimant £1 damages, appeal rules – Law Society’s Gazette

Posted July 31st, 2023 in appeals, damages, deceit, defamation, fraud, news, personal injuries by tracey

‘A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted “deliberately false” evidence on the extent of harm caused by the libel.’

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Law Society's Gazette, 27th July 2023

Source: www.lawgazette.co.uk

Court of Appeal to rule on Dartmoor wild camping case – The Independent

Posted July 31st, 2023 in appeals, news, rights of way, statutory interpretation by tracey

‘The Court of Appeal is to give its ruling in a legal battle over the right to wild camp in Dartmoor National Park.’

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The Independent, 31st July 2023

Source: www.independent.co.uk

Views sought on criminal appeals process – Law Commission

‘On Thursday 27 July, the Law Commission of England and Wales is publishing a paper asking for views on whether and how the law governing appeals for criminal cases should be reformed.’

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Law Commission, 26th July 2023

Source: www.lawcom.gov.uk

Appeal court overturns Manchester rape conviction of man who spent 17 years in jail – The Guardian

Posted July 27th, 2023 in appeals, miscarriage of justice, news, police, rape by sally

‘A man who spent 17 years in prison for rape has had his conviction overturned by the court of appeal.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

Assessing the Right to Family Life in UK Immigration Appeals: A Case Study of a Russian National – EIN Blog

Posted July 24th, 2023 in appeals, families, human rights, immigration, married persons, news, Russia, visas by tracey

‘Introduction: Within the intricate realm of immigration appeals, the appellant’s right to family life often emerges as a focal point. This article delves into a specific case study that elucidates the intricacies and challenges encountered when evaluating this fundamental human right within the context of an immigration appeal. The case revolves around an appellant, a Russian citizen, who seeks permission to remain in the United Kingdom (UK) as the spouse of a British citizen. Through a comprehensive analysis, this article aims to shed light on the pertinent factors and the delicate balance required in determining the appellant’s right to family life.’

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EIN Blog, 21st July 2023

Source: www.ein.org.uk

Appeal court clarifies Electronic Communications Code interpretation – OUT-LAW.com

Posted July 24th, 2023 in appeals, codes of practice, interpretation, news, telecommunications by tracey

‘A recent unanimous ruling of the Court of Appeal has reiterated the willingness of the courts of England and Wales to consider and apply the purpose of the Electronic Communications Code (the Code) when seeking to interpret provisions of the Code that lack clarity – to the benefit of both operators and infrastructure providers alike, experts have said.’

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OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Waiving or varying a requirement in an enforcement notice – Local Government Lawyer

Posted July 21st, 2023 in appeals, enforcement notices, local government, news, planning by tracey

‘The Divisional Court has ruled on the power to waive or relax an enforcement notice under Section 172A. Melissa Murphy KC and Charles Streeten look at the outcome.’

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Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal upholds challenge to Rwanda removals policy – an extended look – UK Human Rights Blog

Posted July 20th, 2023 in appeals, deportation, immigration, news, refugees, Rwanda, treaties, United Nations by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] EWCA Civ 745. The Claimants in this case are 10 individual asylum-seekers from Syria, Iraq, Iran, Vietnam, Sudan and Albania who entered the UK irregularly by crossing the English Channel in small boats, together with one charity, Asylum Aid.’

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UK Human Rights Blog, 19th July 2023

Source: ukhumanrightsblog.com

Unrepresented claimant wins appeal against lawyers over house sale – Law Society’s Gazette

Posted July 20th, 2023 in appeals, law centres, legal advice, negligence, news, sale of land, service charges by tracey

‘An unrepresented claimant has won her appeal against lawyers in a negligence case described by the judge as a “stark example” of how attempts to hasten a victory go wrong.

Opening his judgment in Anna Christie v Mary Ward Legal Centre and Anor, The Honourable Mr Justice Turner said: “There is no shortage of civil cases in which well-intentioned attempts to hasten victory have had the very opposite effect. This case is a stark example of what can happen when things go wrong.”‘

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Law Society's Gazette, 19th July 2023

Source: www.lawgazette.co.uk

UK Supreme Court limits application of the public sector equality duty overseas – EIN Blog

Posted July 19th, 2023 in appeals, asylum, equality, limitations, news, refugees, Supreme Court by tracey

‘The UK Supreme Court unanimously decided that the public sector equality duty in the Equality Act 2010 does not apply directly to persons outside of the UK. However, the equalities objectives may remain indirectly relevant to decision-makers.’

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EIN Blog, 18th July 2023

Source: www.ein.org.uk

Court of Appeal finds deficient reasoning from Family Court judge when making findings of fact – Local Government Lawyer

‘The Court of Appeal has set aside a family court judgment, after finding an “absence of recorded analysis” in the oral judgment that was delivered in only an hour.’

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Local Government Lawyer, 18th July 2023

Source: www.localgovernmentlawyer.co.uk

Woman jailed for taking abortion pills after time limit to be freed from prison – The Guardian

Posted July 19th, 2023 in abortion, appeals, families, imprisonment, news, sentencing, time limits, women by tracey

‘A woman who was jailed for terminating her pregnancy after the legal time limit during lockdown will be released from prison and reunited with her children, after winning a court of appeal effort to reduce her sentence.’

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The Guardian, 18th July 2023

Source: www.theguardian.com

Ruling confirms Building Safety Act’s impact on retrospective defect claims – OUT-LAW.com

‘A new ruling has highlighted how claims concerning building defects that would otherwise be time-barred can still be raised under the 2022 Building Safety Act, an expert has said.’

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OUT-LAW.com, 14th July 2023

Source: www.pinsentmasons.com

CA rejects latest challenge to costs deduction from damages – Legal Futures

Posted July 17th, 2023 in appeals, damages, fees, law firms, news, personal injuries, solicitors, time limits by tracey

‘The time for a client to challenge a solicitor’s deduction from their damages runs from the time the deduction is made, without the client having to agree the specific amount, the Court of Appeal has ruled.’

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Legal Futures, 17th July 2023

Source: www.legalfutures.co.uk

Airbase asylum plans: High Court gives permission to councils’ challenge – BBC News

‘A legal bid to challenge the Home Office’s decision to use former airbases to house asylum seekers has been approved by the High Court.’

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BBC News, 14th July 2023

Source: www.bbc.co.uk

Former Uber driver wins payout of £20,000 owed for more than seven years – The Guardian

‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’

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The Guardian, 12th July 2023

Source: www.theguardian.com