Prince Harry loses initial attempt to appeal against security ruling – The Guardian

Posted April 16th, 2024 in appeals, costs, domicile, judicial review, news, police, royal family by sally

‘The Duke of Sussex has lost an initial attempt to appeal against a high court decision to back a reduction in his level of personal security when visiting the UK.’

Full Story

The Guardian, 15th April 2024

Source: www.theguardian.com

Post office operator wrongly jailed while pregnant rejects executive’s apology – The Guardian

‘A post office operator who was wrongly prosecuted while pregnant has rejected a Post Office executive’s apology for having sent an email celebrating her conviction as “brilliant news”.’

Full Story

The Guardian, 11th April 2024

Source: www.theguardian.com

City council wins appeal over offer of accommodation with one bedroom to father of four – Local Government Lawyer

Posted April 9th, 2024 in appeals, families, family courts, housing, local government, news by sally

‘The Court of Appeal has allowed an appeal by Cambridge City Council over whether it was justified in offering the claimant/respondent accommodation with one bedroom despite him wanting a home large enough for his children to stay overnight when visiting.’

Full Story

Local Government Lawyer, 9th April 2024

Source: www.localgovernmentlawyer.co.uk

Making final determinations in the Court of Protection – Local Government Lawyer

‘Clare Middleton analyses a Court of Protection judgment concerning an important decision taken at a procedural hearing.’

Full Story

Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Extended appeals in SEN cases – Local Government Lawyer

‘Leon Glenister analyses a recent judicial review on “extended” appeals in special educational needs.’

Full Story

Local Government Lawyer, 5th April 2024

Source: www.localgovernmentlawyer.co.uk

Man denied fair trial after ditching counsel has conviction quashed – Legal Futures

Posted April 4th, 2024 in appeals, assault, legal representation, news by sally

‘The Court of Appeal has quashed the conviction of a man who dispensed with counsel on the second day of trial after finding he was then denied a fair hearing.’

Full Story

Legal Futures, 4th April 2024

Source: www.legalfutures.co.uk

Court of Appeal sets aside order that was not open to Family Court judge as matter of law – Local Government Lawyer

‘The Court of Appeal has set aside a care order made in respect of a nine-month-old baby, after concluding the judge made an order which was “not open to her in law”.’

Full Story

Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Taxi driver who showed female passenger explicit link loses licensing appeal – Local Government Lawyer

‘A taxi driver who admitted showing a female passenger a weblink to an explicit website has lost an appeal to drive an East Cambridgeshire District Council licensed taxi or private hire vehicle.’

Full Story

Local Government Lawyer, 2nd April 2024

Source: www.localgovernmentlawyer.co.uk

Interest rate rigging appeal must go to top court, say politicians – BBC News

Posted April 3rd, 2024 in appeals, banking, imprisonment, interest, news, rates, sentencing, Supreme Court by sally

‘Two former bankers jailed for rigging interest rates must have their appeal heard by the Supreme Court, senior politicians have said.’

Full Story

BBC News, 3rd April 2024

Source: www.bbc.co.uk

Former traders Tom Hayes and Carlo Palombo’s convictions upheld by Court of Appeal – Law Society’s Gazette

Posted March 28th, 2024 in appeals, banking, conspiracy, fraud, interest, news by sally

‘Two former traders jailed over the manipulation of key benchmark interest rates today had their convictions upheld by the Court of Appeal.’

Full Story

Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Julian Assange faces further wait over extradition ruling – BBC News

Posted March 28th, 2024 in appeals, death penalty, extradition, freedom of expression, news by sally

‘The US must assure Julian Assange has freedom of speech protections and will not receive the death penalty before he is extradited, judges have ruled. The UK High Court said the Wikileaks founder could be allowed to launch a new appeal against being sent to the US without those commitments.’

Full Story

BBC News, 27th March 2024

Source: www.bbc.co.uk

Owners of Crooked House pub appeal against order to rebuild – The Guardian

Posted March 28th, 2024 in appeals, arson, enforcement notices, fire, news by sally

‘The owners of the Crooked House pub in Himley have appealed against an order to rebuild the 18th-century building, which was demolished days after a fire last year.’

Full Story

The Guardian, 27th March 2024

Source: www.theguardian.com

Clear as mud: Proprietary Estoppel after Guest v Guest – Trusts & Trustees

Posted March 27th, 2024 in appeals, equity, estoppel, news, Supreme Court by sally

‘The dust should now have settled since the Supreme Court’s landmark decision in Guest v Guest (2022). However, in exploring recent case law, this article exposes that the rules applied to decide proprietary estoppel cases remain as uncertain as ever. Some commonality can be identified, but only in the persistent favouring of promisors over promisees. This article criticises the practical and theoretical underpinnings of proprietary estoppel and proposes further reform. In particular, the article draws new links from the doctrine of secret trusts to suggest a more just and certain basis for proprietary estoppel’s future application.’

Full Story

Trusts & Trustess, 19th March 2024

Source: academic.oup.com

Assignments and transfers by operation of law: an important distinction clarified in Dassault Aviation SA v Mitsui Sumitomo Insurance Co Ltd [2024] EWCA Civ 5 – 29 Essex Chambers

Posted March 27th, 2024 in appeals, arbitration, assignment, chambers articles, damages, news by sally

‘In this case the Court of Appeal considered when a non-assignment clause would be effective to stop the transfer of a cause of action to an indemnifying insurer.’

Full Story

39 Essex Chambers, 7th February 2024

Source: www.39essex.com

NHS parking charges should be free of VAT, Court of Appeal rules – OUT-Law.com

Posted March 27th, 2024 in appeals, HM Revenue & Customs, hospitals, news, parking, taxation, VAT by sally

‘A new ruling by the Court of Appeal could help NHS trusts across England recover VAT paid on parking charges imposed at their hospital sites, though there is the prospect of an appeal, tax experts have said.’

Full Story

OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

Case Comment: Byers and others v Saudi National Bank [2023] – UKSC Blog

Posted March 27th, 2024 in appeals, breach of trust, Cayman Islands, equity, insolvency, news, Supreme Court, trusts by sally

‘In this post, Adam Ferris (Senior Associate) in the Finance Disputes Team at CMS and Henry Powell (Associate) in the Real Estate Disputes Team at CMS comment on the judgment of the Supreme Court in Byers and Ors v Saudi National Bank [2023] UKSC 51, which was handed down on 20 December 2023.’

Full Story

UKSC Blog, 26th March 2024

Source: ukscblog.com

In the heat of the moment : the statutory concept of dismissal and impulsive resignations – by Hugh Collins – UK Labour Law

Posted March 27th, 2024 in appeals, contract of employment, employment, employment tribunals, news by sally

‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’

Full Story

UK Labour Law, 26th March 2024

Source: uklabourlawblog.com

Court of Appeal dismisses Tesco appeal in Lidl logo dispute – OUT-LAW.com

Posted March 27th, 2024 in appeals, intellectual property, news, trade marks by sally

‘A recent Court of Appeal judgment in a branding dispute between two UK supermarkets highlights the real challenge of appeals, an expert has said.’

Full Story

OUT-LAW.com, 26th March 2024

Source: www.pinsentmasons.com

Shamima Begum loses bid to challenge removal of her British citizenship – The Independent

‘Shamima Begum has lost her initial bid to challenge the removal of her British citizenship by taking her case to the Supreme Court.’

Full Story

The Independent, 25th March 2024

Source: www.independent.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by sally

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

Full Story

Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk