First opt-out collective action lodged with Competition Appeal Tribunal – OUT-LAW.com

Posted June 27th, 2016 in appeals, class actions, competition, consumer protection, damages, news, tribunals by sally

‘The first opt-out collective action seeking damages for breaches of competition law has been lodged with the Competition Appeal Tribunal (CAT), following changes to the law in October 2015.’

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OUT-LAW.com, 27th June 2016

Source: www.out-law.com

Case Update: Judge expressing opinion on proportionality of incurred costs – Zenith PI Blog

‘In the recent case of Eil v Knowsley Metropolitan Borough Council (15/06/16) the court was considering the costs position on a claim arising out of a sexual assault. Due to the medical evidence the Claimant limited the claim to £50,000. A budget was submitted by the Defendant for £26,000. The Claimant’s budget was £104,373, of which half had already been incurred.’

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Zenith PI Blog, 27th June 2016

Source: www.zenithpi.wordpress.com

‘Borderline’ civil cases no longer eligible for legal aid – Law Society’s Gazette

‘Legal aid will no longer be made available for cases with poor or borderline prospects of success that may have received funding, the government has said.’

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Law Society’s Gazette, 25th June 2016

Source: www.lawgazette.co.uk

Brexit and the Future of Data Protection – Employment Blog

Posted June 27th, 2016 in appeals, brexit, data protection, EC law, human rights, news, privacy, referendums by sally

‘As we all reel in shock at today’s news, thoughts will inevitably turn to how our impending divorce from Europe will impact on the sphere of data protection. Our own data protection laws have of course been profoundly shaped by Europe. Until yesterday, many had assumed that Europe’s control over our data protection laws would in due course become even more intensive, as we journeyed into a world in which the EU Data Protection Regulation reigned supreme across Europe. However, the clocks have stopped. The Regulation is not to become law in the UK. The future of data protection law is therefore necessarily shrouded in mystery.’

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Employment Blog, 24th June 2016

Source: www.employment11kbw.com

Chagos Islanders’ fate to be decided by top court – The Guardian

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

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The Guardian, 26th June 2016

Source: www.guardian.co.uk

Becky Watts death: Nathan Matthews and Shauna Hoare appeals thrown out – BBC News

Posted June 24th, 2016 in appeals, murder, news by sally

‘The killers of teenager Becky Watts have had applications to appeal their convictions and sentences thrown out.’

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BBC News, 23rd June 2016

Source: www.bbc.co.uk

Supreme Court refuses to hear bid to reinstate dishonesty finding against solicitors – Legal Futures

Posted June 23rd, 2016 in appeals, fraud, mortgages, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal against a decision that cleared two solicitors of “dishonest assistance in a breach of trust”, in this case a mortgage fraud.’

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Legal Futures, 23rd June 2016

Source: www.legalfutures.co.uk

Successful part 36 offer removes cap on provisional assessment costs, High Court rules – Litigation Futures

Posted June 23rd, 2016 in appeals, civil procedure rules, costs, news, part 36 offers by sally

‘A successful part 36 offer in a provisional assessment removes the £1,500 costs cap, the High Court has ruled.’

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Litigation Futures, 23rd June 2016

Source: www.litigationfutures.co.uk

High court refuses to publish Ben Butler judgment from 2014 – The Guardian

‘A high court judge has refused to publish a 2014 judgment on the death of Ellie Butler on the grounds that her father, who has been jailed for life for her murder, might in the future face a retrial.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

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Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

A1P1 and public policy: compensation for not fishing? – UK Human Rights Blog

‘An interesting Court of Appeal decision concerning the science of migratory salmon, and the circumstances in which compensation will be granted when an interference with Article 1 Protocol 1 is found.’

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UK Human Rights Blog, 22nd June 2016

Source: www.ukhumanrightsblog.com

Ellie Butler judge ‘took unwarranted steps’ to reunite her with violent parents – The Guardian

‘A senior judge in the family court took “unwarranted” extra steps in reuniting a man with a violent and criminal past with his young daughter 11 months before he beat her to death, the author of a serious case review has said.’

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The Guardian, 22nd June 2016

Source: www.guardian.co.uk

Yes but No – Article 8 and the private sector – Nearly Legal

‘The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of Appeal decision (our note here) was frankly unsatisfactory, so finality from the Supreme Court was desirable.’

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Nearly Legal, 19th June 2016

Source: www.nearlylegal.co.uk

Appeal court to hear first ‘guilty by association’ test cases – The Guardia

Posted June 21st, 2016 in appeals, gangs, joint enterprise, miscarriage of justice, news by sally

‘The fate of hundreds of youths imprisoned under controversial “joint enterprise” laws could be decisively rewritten this month when the first test cases come before the criminal court of appeal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

EAT: workers must be engaged in ‘principal purpose’ immediately before TUPE transfer – OUT-LAW.com

‘Whether a group of workers consists of an “organised grouping” which will automatically transfer to a new service provider when the work that they do is taken over by that provider will depend on their activities “immediately before” the transfer, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 17th June 2016

Source: www.out-law.com

Doctors could be prosecuted for gender-based abortion following British lawyers appeal to European Court of Human Rights – Daily Telegraph

‘Doctors who aborted foetuses based on their gender could finally be successfully prosecuted after British lawyers launched an appeal to the European Court of Human Rights calling for a reform of abortion law.’

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Daily Telegraph, 18th June

Source: www.telegraph.co.uk

Saudi prince wins High Court battle against £20m payout to late king’s ‘secret wife’ – The Independent

Posted June 17th, 2016 in appeals, barristers, bias, judiciary, married persons, news, Saudi Arabia by sally

‘The son of the late King Fahd of Saudi Arabia has won an appeal against a multi-million-pound award handed to his father’s “secret wife”. Palestinian-born Janan Harb, won a package of cash and property worth more than £20m last November. Judge Peter Smith, sitting at London’s High Court, accepted her assertions that Prince Abdul Aziz, had agreed to the huge payout. But lawyers for the prince later asked Court of Appeal judges to quash the “unsustainable” award.’

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The Independent, 16th June 2017

Source: www.independent.co.uk

Supreme Court to hear appeal by council on compensation after pier closure – Local Government Lawyer

‘The Supreme Court will next week (23 June) hear a borough council’s appeal over an order that it should pay more than £2m in compensation plus legal costs to the operators of a business on a seaside pier it temporarily shut down.’

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Local Government Lawyer, 13th June 2016

Source: www.localgovernment.co.uk

From the County Courts – deposits, evictions and introductory tenancies – Nearly Legal

‘Some county court cases reported in the indispensable ‘Housing: Recent Developments’ in Legal Action for May 2016. Cases involve introductory tenancies, deposits, harassment and illegal eviction.’

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Nearly Legal, 12th June 2016

Source: www.nearlylegal.co.uk

Economic complexity: CAT vs High Court – Competition Bulletin from Blackstone Chambers

‘One of the advantages of the Competition Appeal Tribunal is said to be the fact that its three-member panel typically includes an economist. But is that really such a big advantage over the High Court?’

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Competition Bulletin from Blackstone Chambers, 9th June 2016

Source: www.competitionbulletin.com