Ched Evans: Wales footballer’s rape conviction quashed – BBC News
‘Footballer Ched Evans has had his conviction for rape quashed at the Court of Appeal in London, but will face a new trial.’
BBC News, 21st April 2016
Source: www.bbc.co.uk
Category: appeals
Planning Conditions – Local Government Law
‘Ejusdem generis has no place in the interpretation of planning conditions, the Court of Appeal has held in R (XPL Ltd) v Harlow Council [2016] EWCA Civ 378, a Judgment on 15 April 2016 on appeal from a first instance decision on 28 November 2014 with respect to a breach of condition notice served by the Council on 3 June 2014.’
Local Government Law, 19th April 2016
Battle over success fees in privacy cases heads for Supreme Court – Litigation Futures
‘The question of whether recoverable success fees in privacy cases are incompatible with publishers’ rights to freedom of expression is set to go before the Supreme Court, following a High Court ruling.’
Litigation Futures, 21st April 2016
Source: www.litigationfutures.com
FCA wins landbanking case, but investors still likely to lose out – The Guardian
‘Asset Land’s appeal rejected by the supreme court but the City regulator says investors “are likely only to get a fraction of their money back”.’
The Guardian, 20th April 2016
Source: www.guardian.co.uk
Regina v Pacurar – WLR Daily
‘The defendant was charged with trespass with intent to commit a sexual offence contrary to section 63(1) of the Sexual Offences Act 2003. The prosecution case was that the defendant had entered a family’s home as a trespasser, and had been naked and touching his penis in the presence of family members: further, that while being ejected from the house by the father of the family, he had made an unseemly sexual suggestion. In interview with the police the defendant had denied ever having entered the house. On closure of the prosecution case the defendant submitted that there was no case to answer because the prosecution had not particularised the sexual offence which it was asserted that he had intended to commit. The prosecution submitted that it was sufficient that their case was that the intent relied on was to commit one or more of the offences set out in sections 1 to 3 and 5 to 7 of the Sexual Offences Act 2003. The trial judge rejected the submission of no case to answer and the defendant was convicted. The defendant appealed against conviction on the ground, among others, that the prosecution had been obliged to specify the sexual offence which it was asserted that the defendant had intended to commit.’
WLR Daily, 13th April 2016
Source: www.iclr.co.uk
Court of Appeal orders retrial over aggregation of claims against solicitors – Legal Futures
‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’
Legal Futures, 14th April 2016
Source: www.legalfutures.co.uk
Don’t Assume you can Serve the Solicitors! – Zenith PI Blog
‘The Defendants appealed against a master’s order that service of a claim form by the Claimants on their solicitors amounted to good service. The Claimants applied for service by an alternative method under CPR 6.15.’
Zenith PI Blog, 19th April 2016
Source: www.zenithpi.wordpress.com
Celebrity injunction should be lifted, Court of Appeal rules – BBC News
‘An injunction banning the media in England and Wales from reporting the identity of a married celebrity who allegedly took part in a threesome has been lifted.’
BBC News, 18th April 2016
Source: www.bbc.co.uk
MoJ plan for legal aid residence test thrown out by supreme court – The Guardian
‘Government attempts to introduce a discriminatory residence test for anyone claiming legal aid have been summarily thrown out in a unanimous supreme court ruling.’
The Guardian, 18th April 2016
Source: www.guardian.co.uk
Deposits, leaflets and company landlords – Nearly Legal
‘This was an appeal of a possession order made against Mr Bali at Lambeth County Court. Mr B was the assured shorthold tenant of Manaquel Company Limited. A deposit was taken and protected. Manaquel subsequently purportedly served a section 21 notice and brought possession proceedings. At first instance, the issue was whether Manaquel had complied with the requirements on serving the Prescribed Information.’
Nearly Legal, 18th April 2016
Source: www.nearlylegal.co.uk
Third ‘fast track’ abuse of dominant position claim filed with Competition Appeal Tribunal – OUT-LAW.com
‘A third claim alleging anti-competitive behaviour using a new ‘fast track’ procedure has been filed with the Competition Appeal Tribunal (CAT), showing a “pattern” of such cases beginning to emerge, an expert has said.’
OUT-LAW.com, 14th April 2016
Source: www.out-law.com
Theresa May barred from deporting six men to Algeria over torture concerns – The Independent
‘The Government has been barred from deporting six men to Algeria because there is a “real risk” they could be tortured there, judges have ruled.’
The Independent, 18th April 2016
Source: www.independent.co.uk
PI victim gets 100% costs – despite failing with one allegation – Law Society’s Gazette
‘The Court of Appeal has ruled that a claimant should be awarded full costs of bringing her case despite losing on one of the issues.’
Law Society’s Gazette, 15th April 2015
Source: www.lawgazette.co.uk
Councils to take battle over planning policies and housing to Supreme Court – Local Government Lawyer
‘Cheshire East and Suffolk Coastal Councils are looking to take a key case over what are ‘relevant policies for the supply of housing’ to the Supreme Court.’
Local Government Lawyer, 18th April 2016
Source: www.localgovernmentlawyer.co.uk
Council wins battle over mother’s bid to name twins ‘Cyanide’ and ‘Preacher’ – Local Government Lawyer
‘A local authority has won a Court of Appeal battle with a mother over her desire to name her twin children ‘Cyanide’ and ‘Preacher’.’
Local Government Lawyer, 15th April 2016
Source: www.localgovernmentlawyer.co.uk
Court of Appeal overturns issues-based part 36 offer – Litigation Futures
‘Judges can make issues-based costs orders under part 36 but only if it is unjust to deprive a successful claimant of all or part of their costs, the Court of Appeal has ruled in overturning such an order.’
Litigation Futures, 15th April 2016
Source: www.litigationfutures.com
UK legal aid residence test to be challenged in supreme court – The Guardian
‘The government’s residence test that deprives those who have lived in the UK for less than 12 months of legal aid faces a major challenge at the supreme court.’
The Guardian, 17th April 2016
Source: www.guardian.co.uk
Court of Appeal orders retrial over aggregation of claims against solicitors – Legal Futures
‘The Court of Appeal has overturned a High Court ruling that had protected law firms from financial risk through restricting the way professional indemnity insurers could aggregate multiple claims.’
Legal Futures, 14th April 2016
Source: www.legalfutures.co.uk
The Landlord’s intention under the 1954 Act – Falcon Chambers
‘Part II of the Landlord and Tenant Act 1954, which confers security of tenure on business tenants, is perhaps one of the most widely used and best understood pieces of legislation in the field of property litigation. It is therefore relatively rare for those provisions to be considered at the level of the Court of Appeal.’
Falcon Chambers, 3rd March 2016
Source: www.falcon-chambers.com
The Equality Act and Regulators – Which Forum? – Littleton Chambers
‘Dr Michalak’s name may be familiar to you. She was the doctor who brought a claim against her NHS employer (‘the Trust’) for sex and race discrimination, amongst other matters. Not only did the litigation reveal eye-watering events, it resulted in an eye-watering award of compensation (close to £4.5m) from the Leeds Employment Tribunal (‘ET’). The ET found that there had been a sustained campaign of unlawful conduct by various individuals against Dr Michalak culminating in a sham dismissal and causing post-traumatic stress disorder in Dr Michalak (Michalak v Mid Yorkshire Hospitals NHS Trust and Others [2011] ET 1810815/2008).’
Littleton Chambers, 24th March 2016
Source: www.littletonchambers.com
