McGill v Sports and Entertainment Media Group and others – WLR Daily

Posted November 8th, 2016 in agency, appeals, contracts, damages, law reports, sport by sally

McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063

‘The claimant, a licensed football agent, brought proceedings against a football player seeking damages for breach of contract, claiming that he had negotiated a transfer deal for the player under an oral contract, but that another agent, having induced the player to breach his contract with the claimant, had made the deal with the new club itself and received the fee of £300,000, thereby depriving the claimant of his fee for the work which he had done. The claim was settled in 2009 with payment of £50,000 to the claimant in full and final settlement. In 2012 the claimant brought an action against the first to fourth defendants, being the agent which had allegedly induced the breach of contract and three individuals associated with it, and the fifth to ninth defendants, being the club to which the player had transferred and four individuals associated with it. The claim was for, inter alia, the torts of inducing a breach of contract, breach of confidence and unlawful means conspiracy. The judge found that all the ingredients of the causes of action for inducement of breach of contract and unlawful means conspiracy were made out apart from causation and loss, and dismissed all the claims.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk

16-year-old’s representation plight highlights pro bono dependency – Law Society’s Gazette

Posted November 8th, 2016 in appeals, care orders, children, legal representation, news, pro bono work by sally

‘The Court of Appeal has allowed a 16-year-old involved in care proceedings to instruct her own solicitor in a case highlighting the extent to which pro bono solicitors are now needed to resolve representation challenges.’

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Law Society’s Gazette, 7th November 2016

Source: www.lawgazette.co.uk

Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association

Posted November 8th, 2016 in appeals, constitutional law, EC law, legislation, news, parliament, treaties by sally

‘The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

UK court rules gambler’s ‘advantage play’ constitutes ‘cheating’ – OUT-LAW.com

Posted November 8th, 2016 in appeals, gambling, news by sally

‘A gambler does not need to behave dishonestly to be considered to be cheating under British gambling laws, the Court of Appeal in London has said.’

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OUT-LAW.com, 7th November 2016

Source: www.out-law.com

Brexit: Former top judge warns over Article 50 appeal – BBC News

Posted November 8th, 2016 in appeals, brexit, EC law, judges, media, news, parliament, treaties by sally

‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Tribunal starts hearing competition law action brought against Law Society – Legal Futures

‘The Competition Appeal Tribunal will today begin hearing a training provider’s claim that the Law Society acted anti-competitively by requiring law firms to buy its own training in order to maintain their Conveyancing Quality Scheme (CQS) accreditation.’

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Legal Futures, 8th November 2016

Source: www.legalfutures.co.uk

Court “does not have to accept” parties’ agreement not to budget – Litigation Futures

Posted November 8th, 2016 in appeals, budgets, civil procedure rules, competition, costs, news, tribunals by sally

‘A High Court judge has made it clear that the court is not required to go along with parties who agree to dispense with costs management.’

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Litigation Futures, 7th November 2016

Source: www.litigationfutures.com

Appeal court finds Sammy Lee gave false evidence over Bolton transfer deal – The Guardian

Posted November 8th, 2016 in agency, appeals, contracts, evidence, news, sport by sally

‘A high court judgment in which the current England assistant manager, Sammy Lee, was found to have knowingly given false evidence has been upheld by the court of appeal. Lee, when manager of Bolton Wanderers for a short period in 2007 having taken over from Sam Allardyce, was found to have lied about his club’s involvement in signing the midfield player Gavin McCann, who had been poached by the agents SEM.’

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The Guardian, 7th November 2016

Source: www.guardian.co.uk

Champion poker player loses appeal against London casino over his £7.7 million winnings – Daily Telegraph

Posted November 4th, 2016 in appeals, contracts, gambling, news by sally

‘A top poker player has lost his £7.7 million battle against a London casino at the Court of Appeal as a judge said his “edge-sorting” skills amounted to cheating despite the fact he was not dishonest.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

CPS decision in Abdel Hakim Belhaj rendition case faces legal challenge – The Guardian

‘The decision by the director of public prosecutions not to charge a former MI6 official for the 2004 abduction and rendition of a Libyan dissident, Abdel Hakim Belhaj, is to be challenged in court.’

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The Guardian, 1st November 2016

Source: www.guardian.co.uk

Regina v Nelson (Scott) and another – WLR Daily

Posted October 31st, 2016 in appeals, assisting offenders, firearms, indictments, law reports by sally

Regina v Nelson (Scott) and another [2016] EWCA Crim 1517

‘The defendants, S and N, were members of a gang. The police were on high alert on a housing estate because they were aware that the defendants’ gang might mount a revenge attack on a rival gang. S ran towards a police officer who shouted to him to stop but S pulled out a submachine gun and fired one shot which missed the police officer. S ran off and hid in a block of flats where he disposed of the gun but was eventually arrested. He pleaded guilty to possessing a firearm with intent to endanger life, contrary to section 16 of the Firearms Act 1968. Following the shooting incident N had hidden the gun in the loft where it was found six months later. He was charged with possession of a prohibited firearm, contrary to section 5(1)(a) and (aba) of the 1968 Act, and assisting an offender, contrary to section 4(1) of the Criminal Law Act 1967. N applied for leave to appeal against conviction on the ground that the judge had erred in law in failing to direct the jury to consider the two counts which he faced as alternatives when they arose out of a single transaction.’

WLR Daily, 20th October 2016

Source: www.iclr.co.uk

Attorney general quizzed on unduly lenient sentences – Law Society’s Gazette

Posted October 31st, 2016 in appeals, attorney general, news, sentencing, stalking by sally

‘The attorney general has reaffirmed the government’s plans to extend the scheme for reviewing ‘unduly lenient’ sentences, with stalking one of the crimes that could be considered in any extension.’

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Law Society’s Gazette, 28th October 2016

Source: www.lawgazette.co.uk

Social worker fails in High Court bid to lift nine-month suspension – Local Government Lawyer

Posted October 31st, 2016 in appeals, news, professional conduct, social services by sally

‘A former Nottingham City Council social worker has failed in her bid to persuade the High Court to lift a nine month’s suspension of her registration imposed by the Health and Care Professions Council (HCPC).’

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Local Government Lawyer, 28th October 2016

Source: www.localgovernmentlawyer.co.uk

Appeal judge dismisses challenge to removal of climate change levy exemption – OUT-LAW.com

‘A legal challenge to the government’s decision to end the climate change levy (CCL) exemption for renewable source electricity with only 24 days’ notice has been dismissed by the Court of Appeal.’

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OUT-LAW.com, 26th October 2016

Source: www.out-law.com

Subsidy withdrawal from renewable energy entirely lawful – Court of Appeal – UK Human Rights Blog

‘In July 2015 the government announced that it was removing a subsidy for renewable energy. Its decision in fact was to take away the exemption that renewable source electricity enjoyed from a tax known as the climate change levy. We have covered previous episodes in the renewables saga on the UKHRB in various posts.’

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UK Human Rights Blog, 26th October 2016

Source: www.ukhumanrightsblog.com

Supreme Court upholds clause excluding professional indemnity cover for commercial arrangements – OUT-LAW.com

Posted October 27th, 2016 in appeals, contracts, insurance, law firms, legal services, news, solicitors, Supreme Court by sally

‘Loans provided to the clients of a firm of solicitors by a third party funder were not ‘legal services’, and so were not covered by the terms of the firm’s professional indemnity (PI) policy, the UK’s highest court has ruled.’

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OUT-LAW.com, 26th October 2016

Source: www.out-law.com

Sun journalist wins appeal over corrupt payments conviction – Daily Telegraph

‘Crime reporter Anthony France – the only journalist to be successfully tried in the wake of a police investigation into payments to public officials – has won an appeal against his conviction.’

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Daily Telegraph, 27th October 2016

Source: www.telegraph.co.uk

Whose Article 10 rights – the journalist or the confidential source? – Panopticon

Posted October 26th, 2016 in appeals, confidentiality, disclosure, human rights, media, news, police by sally

‘Does a media corporation breach a source’s article 10 rights by voluntarily disclosing their identity to the police? Is source confidentiality lost by criminal conduct? These are the questions that the Court of Appeal had to grapple with in the appeal against conviction brought by former prison officer Robert Norman.’

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Panopticon, 24th October 2016

Source: www.panopticonblog.com

Woodfield v JJ Gallagher Ltd and others (Cherwell District Council and another as interested parties) – WLR Daily

Posted October 25th, 2016 in appeals, law reports, local government, planning by sally

Woodfield v JJ Gallagher Ltd and others (Cherwell District Council and another as interested parties) [2016] EWCA Civ 1007

‘The developers challenged the adoption by the council of a single policy in the local plan. The judge allowed the appeal and made an order that the Secretary of State appoint a planning inspector who would recommend adoption of the policy subject to a modification and that the council adopt the policy subject to that modification. The developers and the Secretary of State opposed an appeal brought by an objector who, although not a party below, was given permission to appeal.’

WLR Daily, 12th October 2016

Source: www.iclr.co.uk