Hostile environment – Counsel
‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’
Counsel, August 2016
Source: www.counselmagazine.co.uk
Category: appeals
Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette
‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’
Law Society’s Gazette, 27th July 2016
Source: www.lawgazette.co.uk
Fees fi fo fum – New Law Journal
‘David Wright discusses fixed advocacy fees.’
New Law Journal, 26th July 2016
Source: www.newlawjournal.co.uk
The Simmons v Castle debate continues – Cloisters
‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’
Cloisters, 25th July 2016
Source: www.cloisters.com
Divorced helicopter pilot who refuses to leave the marital home could be jailed – Daily Telegraph
‘A helicopter pilot who barricaded himself in the home he lost in his £6m divorce will be jailed if he does not get out of the property by next week.’
Daily Telegraph, 27th July 2016
Source: www.telegraph.co.uk
A part of inclusion? Disabled people and the right to a fair hearing – Cloisters
‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’
Cloisters, 19th July 2016
Source: www.cloisters.com
Relief from Sanctions Two Years after Denton: A Practical Views from the Bar – Littleton Chambers
‘James Bickford Smith discusses judicial approaches to procedural default two years after the Court of Appeal’s decision in Denton v White Ltd and another, Decadent Vapours Ltd v Bevan and others and Utilise TDS Ltd v Davies and others [2014] EWCA Civ 906, and considers the challenges still facing practitioners and judges in dealing with applications for relief from sanctions.’
Littleton Chambers, 20th July 2016
Source: www.littletonchambers.com
Unreasonable Conduct in the First-tier Tribunal – Hardwicke Chambers
‘On 22 June 2016, the Upper Tribunal (Lands Chamber) gave judgment in three conjoined appeals concerning the proper interpretation of Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013; four members of Hardwicke appeared in the case. The appeals shared a number of facts: each arose out of a dispute over service charges payable under the lease of a flat; each concerned a dispute between a lessee and a tenant owned management company; and in each the award of costs was greater than the amount of service charge in issue in the proceedings.’
Hardwicke Chambers, 14th July 2016
Source: www.hardwicke.co.uk
Substituting a new mess for an old one? The Illegality Defence after Patel v Mirza [2016] UKSC 42 – Henderson Chambers
‘On 20 July 2016 the Supreme Court handed down judgment in Patel v Mirza [2016] UKSC 42. The effect of the majority’s decision is to over-rule Tinsley v Milligan [1994] 1 AC 340, which for more than two decades stood as authority for the “reliance test” applicable to the illegality defence. Under that test, where a claimant is obliged to rely on his own illegal act in support of his claim – be it in contract, tort or unjust enrichment – a defence of illegality could, subject to certain exceptions, successfully be established.’
Henderson Chambers, 25th July 2016
Source: www.hendersonchambers.co.uk
Hawk Recovery Ltd v (1) Nicholas John Hall (2) Susan Hall (3) Brunswick Wealth LLP (2016) [2016] EWHC 1307 (Ch) – No. 5 Chambers
‘Litigation is often personal. Parties will often know one another prior to commencing proceedings. But, it is rarely the case, that litigation – let alone a raft of separate proceedings – will arise, purely it might seem, as a personal vendetta. ‘Vendetta’ is the word that Mr Justice Males used in his judgment in Bluebird Productions Ltd v Eustace [2014] EWHC 1095 (QB) [27] (“Bluebird”).’
No. 5 Chambers, 14th June 2016
Source: www.no5.com
Prosecutions for telling the truth – Free Movement
‘In the first successful challenge to prosecutions under s.35 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, the Administrative Court in R (on the application of JM (Zimbabwe)) v Secretary of State for the Home Department [2016] EWHC 1773 (Admin) held that the Home Office may not lawfully require the Claimant, under section 35 of the 2004 Act, to tell Zimbabwean officials that he agrees to return voluntarily.’
Free Movement, 26th July 2016
Source: www.freemovement.org.uk
Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog
‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’
UK Human Rights Blog, 22nd July 2016
Source: www.ukhumanrightsblog.com
People and principle in the developing law – Speech by Lord Carnwath
People and principle in the developing law (PDF)
Speech by Lord Carnwath
University of Cambridge, 19 July 2016
Source: www.supremecourt.uk
High Court rejects solicitor’s bid to remove conditions on practising certificate – Legal Futures
‘The High Court has rejected a solicitor’s bid to overturn conditions placed on his practising certificate by the Solicitors Regulation Authority (SRA) – but also criticised the regulator for the time it has taken to act in the case.’
Legal Futures, 25th July 2016
Source: www.legalfutures.co.uk
High Court rejects appeal against PC conditions – Law Society’s Gazette
‘The High Court has refused an appeal by a London solicitor against conditions being placed on his practising certificate.’
Law Society’s Gazette, 25th July 2016
Source: www.lawgazette.co.uk
Criminal injuries compensation – Law Society’s Gazette
‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’
Law Society’s Gazette, 25th July 2016
Source: www.lawgazette.co.uk
Failure to serve costs budget limits claimant’s recovery to court fees in £3m quantum-only dispute – Litigation Futures
‘The fact that a clinical negligence case had become a quantum-only dispute did not take it out of the costs management regime, meaning that the claimant’s failure to serve a costs budget restricted its recoverable costs to the court fees only, the Court of Appeal has ruled.’
Litigation Futures, 25th July 2016
Source: www.litigationfutures.com
Ben Butler to appeal against conviction for murdering daughter Ellie – The Guardian
‘A man who murdered his six-year-old daughter 11 months after the high court returned her to his custody is appealing against his conviction and life sentence.’
The Guardian, 22nd July 2016
Source: www.guardian.co.uk
