Category: appeals

Over egging it – Nearly Legal

Posted November 10th, 2015 in appeals, civil procedure rules, costs, interest, landlord & tenant, news, part 36 offers, rent by sally

‘This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The landlord also claimed for physical damage to the property by the tenant amounting to some £20,000 and consequential loss of rent. The tenant agreed some £6,000 in rent arrears, but denied the property damage. The tenant counterclaimed for failure to repair the property and breach of quiet enjoyment. The tenant also challenged the landlord’s identity as landlord and the interest rate claimed.’

Full story

Nearly Legal, 9th November 2015

Source: www.nearlylegal.co.uk

Suing Facebook is no easy matter – UK Human Rights Blog

Posted November 10th, 2015 in appeals, defamation, EC law, human rights, internet, news, privacy by sally

‘An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.’

Full story

UK Human Rights Blog, 9th November 2015

Source: www.ukhumanrightsblog.com

Prosecuting parents for term-time holidays – Education Law Blog

Posted November 10th, 2015 in appeals, education, fines, holidays, local government, news, parental responsibility by sally

‘We posted last month about a decision by a magistrates’ court on the Isle of Wight to throw out the prosecution of a parent for taking his child on holiday during term time. The BBC reports that the local authority has appealed and that the question is whether “the unauthorised absence of a child for seven consecutive school days on holiday… amounts to the child failing to attend the school regularly“.’

Full story

Education Law Blog, 5th November 2015

Source: www.education11kbw.com

Affordability and intentionality – adding it up – Nearly Legal

Posted November 9th, 2015 in appeals, benefits, budgets, codes of practice, housing, learning difficulties, local government, news, rent by sally

‘A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent).’

Full story

Nearly Legal, 8th November 2015

Source: www.nearlylegal.co.uk

Disciplinary tribunals halves budget for so far non-existent ABS appeals – Legal Futures

Posted November 9th, 2015 in alternative business structures, appeals, budgets, disciplinary procedures, fines, news, statistics by sally

‘The Solicitors Disciplinary Tribunal (SDT) has halved its budget for appeals from alternative business structures (ABSs), as it has yet to receive one since the Solicitors Regulation Authority (SRA) started licensing them in 2012.

Full story

Legal Futures, 9th November 2015

Source: www.legalfutures.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

Full story

OUT-LAW.com, 6th November 2015

Source: www.out-law.com

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

Full story

Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

Posted November 9th, 2015 in appeals, coroners, death in custody, detention, disabled persons, hospitals, inquests, juries, learning difficulties, medical treatment, news, Supreme Court by sally

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

Full story

UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

Exeter rapist sees sentence increase – Attorney General’s Office

Posted November 6th, 2015 in appeals, press releases, rape, sentencing by sally

‘The Court of Appeal today quashed the 6 year sentence given to Exeter rapist Lawrence Fernandes and increased it to 12 years.’

Full press release

Attorney General’s Office, 4th November 2015

Source: www.gov.uk/ago

Jose Mourinho: Chelsea boss loses appeal against FA charge – BBC News

Posted November 6th, 2015 in appeals, disciplinary procedures, news, professional conduct, sport by sally

‘Chelsea boss Jose Mourinho has had his appeal against a £50,000 fine and a suspended one-game stadium ban dismissed by the Football Association.’

Full story

BBC News, 5th November 2015

Source: www.bbc.co.uk

Wales – it’s just more appealing – Nearly Legal

Posted November 5th, 2015 in appeals, civil procedure rules, housing, news, tribunals, Wales by sally

‘Clarise Properties Ltd v Rees [2015] EWCA Civ 1118 (Lawtel/Westlaw only from what I can see) is an interesting* permission to appeal decision. It appears that devolution has caused an odd little difference in the test for permission to appeal from the UT(LC) depending on whether the case started in England or Wales.’

Full story

Nearly Legal, 5th November 2015

Source: www.nearlylegal.co.uk

Late Saudi King Fahd’s ‘secret wife’ wins payout – BBC News

Posted November 4th, 2015 in appeals, bereavement, contempt of court, financial dispute resolution, financial provision, married persons, news by sally

‘A woman who says she was the “secret wife” of the late King Fahd of Saudi Arabia has won a multimillion-pound claim at the High Court.’

Full story

BBC News, 3rd November 2015

Source: www.bbc.co.uk

Assessing Damages when the Claimant was Already Seriously Incapacitated: Court of Appeal Decision – Zenith PI Blog

Posted November 3rd, 2015 in appeals, damages, disabled persons, hospitals, negligence, news, personal injuries by sally

‘In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled.’

Full story

Zenith PI Blog, 2nd November 2015

Source: www.zenithpi.wordpress.com

Man convicted of murder in secret trial seeks to take case to Strasbourg – The Guardian

Posted November 3rd, 2015 in appeals, courts, human rights, murder, news, private hearings, Supreme Court by sally

‘A Chinese dissident convicted of murder after a secret trial has appealed to Britain’s most senior judges to overturn a ban on him taking his case to the European court of human rights.’

Full story

The Guardian, 2nd November 2015

Source: www.guardian.co.uk

Closure, possession and legal representation – Nearly Legal

Posted November 3rd, 2015 in appeals, housing, legal representation, news, repossession by sally

‘Courtesy of Jim Shepherd of Doughty Street Chambers comes this account of a county court appeal of a Ground 7A possession claim, following a closure order. The appeal of the possession order was partly on the basis that the Defendant could not get legal aid in time.’

Full story

Nearly Legal, 31st October 2015

Source: www.nearlylegal.co.uk

High Court throws out 65,000 ‘highly irresponsible’ price-fixing claims – Law Society’s Gazette

Posted October 29th, 2015 in abuse of process, airlines, appeals, class actions, news, price fixing, striking out by sally

‘The High Court has thrown out almost 65,000 claims brought on behalf of Chinese businesses after finding the firm acting had no authority to do so.’

Full story

Law Society’s Gazette, 27th October 2015

Source: www.lawgazette.co.uk

Joint enterprise review ‘long overdue’, lawyers argue – Law Society’s Gazette

Posted October 29th, 2015 in appeals, joint enterprise, murder, news, Supreme Court, trials by sally

‘Murder appeals being heard at the Supreme Court over the next three days will have ‘important consequences’ for the controversial principle of joint enterprise, some lawyers believe.’

Full story

Law Society’s Gazette, 27th OCtober 2015

Source: www.lawgazette.co.uk

Bank Mellat and disclosure in closed material proceedings

Posted October 29th, 2015 in appeals, banking, closed material, control orders, disclosure, financial regulation, Iran, news by sally

‘Bank Mellat is an Iranian bank, initially subjected to a 2009 order which prohibited anybody in the UK from dealing with it – until the Supreme Court quashed it: here, and my posts here and here. ‘

Full story

UK Human Rights Blog, 28th October 2015

Source: www.ukhumanrightsblog.com

Mark Duggan family granted appeal over High Court ruling he was ‘lawfully killed’ by police – The Independent

Posted October 29th, 2015 in appeals, families, news, unlawful killing by sally

‘The family of Mark Duggan has been granted permission to go to the Court of Appeal over a ruling that he was “lawfully killed” by a police marksman.’

Full story

The Independent, 27th October 2015

Source: www.independent.co.uk

‘Well-known’ footballer wins legal battle to have £60k-a-year child maintenance halved – Daily Telegraph

Posted October 29th, 2015 in appeals, child support, financial provision, news by sally

‘Unnamed player in his early 30s in High Court victory as judge cuts total maintenance he must pay to support children aged 10 and five to £30k.’

Full story

Daily Telegraph, 28th October 2015

Source: www.telegraph.co.uk