appeals – Page 196 – Current Awareness

Stricter control mechanisms for secondary victim claims: Liverpool Women’s Hospital NHS Foundation v Ronayne – Hardwicke Chambers

Posted July 28th, 2015 in appeals, hospitals, negligence, news, psychiatric damage by sally

‘Today’s Court of Appeal judgment in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588 is an early front runner for the most important tort law case of 2015. It is very good news for hard-pressed NHS Trusts defending claims by relatives shocked by the effect on loved-ones of acts of clinical negligence. Such claims will rarely succeed in the light of today’s decision.’

Hardwicke Chambers, 17th July 2015

Source: www.hardwicke.co.uk

Resolving the rules of insolvency – 11 Stone Buildings

Posted July 28th, 2015 in appeals, consent, costs, cross-claims, insolvency, liquidators, news, winding up by sally

‘Restructuring & Insolvency analysis: In what ways has Re Kingstons Investments Ltd shed light on longstanding ambiguities in the Insolvency Rules 1986? Jamie Riley, commercial litigator at 11 Stone Buildings, explores the case and explains why the final decision will be so important for insolvency lawyers.’

11 Stone Buildings, June 2015

Source: www.11sb.com

Insurers win the latest round in credit hire match – Hardwicke Chambers

Posted July 28th, 2015 in appeals, insurance, news, rent by sally

‘The insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of Appeal has given guidance about calculating the basic hire rate (BHR) which favours the Insurers.’

Hardwicke Chambers, 2nd June 2015

Source: www.hardwicke.co.uk

Daughter wins £164,000 after decade-long legal battle over will with charities – The Guardian

Posted July 28th, 2015 in appeals, charities, news, wills by sally

‘After a decade-long legal fight with three animal welfare charities over her mother’s decision to cut her out of any inheritance, a poverty-stricken daughter has finally been awarded £164,000 by senior judges.’

The Guardian, 28th July 2015

Source: www.guardian.co.uk

Neighbours from hell: Damages for residual diminution in value – New Square Chambers

Posted July 28th, 2015 in appeals, damages, harassment, news, nuisance, trespass, valuation by sally

‘The recent decision of the Court of Appeal in Raymond v Young [2015] EWCA Civ 456 concerned the principles to be applied when considering what damages to award to property owners who were the victims of shocking harassment, trespass and nuisance conducted by their neighbours over a period of several years.’

New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Re H (Children) [2015] EWCA Civ 583: Appealing decisions out of time and procedural rules for litigants in person – No. 5 Chambers

Posted July 27th, 2015 in appeals, family courts, litigants in person, news, time limits by sally

‘The recent case of Re H (Children) [2015] EWCA Civ 583 highlighted some of the difficulties that can be encountered by parties acting in person in family proceedings, and the stark consequences that can flow from a simple failure to follow procedural rules. The decision gives some guidance on the circumstances to be considered when deciding an application for relief from sanctions, namely an application for permission to appeal out of time.’

No. 5 Chambers, 22nd June 2015

Source: www.no5.com

Richards: Mitchell led to decisions that were “manifestly unjust and disproportionate” – Litigation Futures

Posted July 27th, 2015 in appeals, arbitration, news, stay of proceedings, striking out by sally

‘The Court of Appeal ruling in Mitchell led to decisions that were “manifestly unjust and disproportionate”, the deputy head of civil justice has said.’

Litigation Futures, 27th July 2015

Source: www.litigationfutures.com

Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

Court of Appeal overturns prison absconder policy ruling – BBC News

Posted July 24th, 2015 in appeals, fugitive offenders, ministers' powers and duties, news, transfer of prisoners by sally

‘A High Court decision that it was unlawful for the government to ban inmates with a history of absconding from being transferred to open prisons has been overturned.

BBC News, 23rd July 2015

Source: www.bbc.co.uk

Sylvie Beghal, wife of terrorist, loses human rights court battle – BBC News

Posted July 23rd, 2015 in appeals, families, human rights, news, police, proportionality, Supreme Court, terrorism by sally

‘The wife of a convicted terrorist, who was prosecuted after refusing to submit to a police interrogation, has lost her human rights case in the Supreme Court.’

BBC News, 22nd July 2015

Source: www.bbc.co.uk

Assessing the State’s obligations under ECHR, art 3 – Halsbury’s Law Exchange

Posted July 23rd, 2015 in appeals, human rights, news, police by sally

‘How does the decision in DSD and another further our understanding of the police’s duty to investigate? Steven Walmsley, a solicitor at Broudie Jackson Canter, explores the police’s duty in light of the Court of Appeal’s decision.’

Halsbury’s Law Exchange, 22nd July 2015

Source: www.halsburyslawexchange.co.uk

Supreme Court: no-win-no-fee costs regime compatible with Article 6 – UK Human Rights Blog

Posted July 23rd, 2015 in appeals, costs, fees, human rights, news, Supreme Court by sally

‘The pre-April 2013 Conditional Fee Agreement system, under which claimants could recover uplifts on their costs and their insurance premiums from defendants, has survived – just. It received a sustained challenge from defendants to the effect that such a system was in breach of their Article 6 rights to a fair trial.’

UK Human Rights Blog, 22nd July 2015

Source: www.ukhumanrightsblog.com

Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Posted July 21st, 2015 in appeals, damages, law reports, personal injuries, shipping law, time limits, treaties by sally

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

Body in carpet murder: Court appeal to be heard in 2016 – BBC News

Posted July 16th, 2015 in appeals, Criminal Cases Review Commission, homicide, miscarriage of justice, murder, news by sally

‘An appeal against the conviction of two men for the “body in a carpet” killing of a teenage girl more than two decades ago will be heard next year.’

BBC News, 15th July 2015

Source: www.bbc.co.uk

Legal aid safety net does not work, rules UK high court – The Guardian

Posted July 16th, 2015 in appeals, disabled persons, human rights, legal aid, news by sally

‘The safety net to ensure that vulnerable claimants are provided with legal aid and access to justice does not work, the high court has ruled.’

The Guardian, 15th July 2015

Source: www.guardian.co.uk

If you encourage someone to kill, are you guilty of murder? – The Guardian

Posted July 15th, 2015 in appeals, homicide, joint enterprise, murder, news, sentencing, Supreme Court by sally

‘Does the law of joint enterprise cause injustice? That’s the question the supreme court will confront in October. If its answer is yes, the UK’s most senior judges will have the chance to put things right.’

The Guardian, 14th July 2015

Source: www.guardian.co.uk

Court of Appeal backs secret hearings as Government faces IRA and Iran cases – The Independent

Posted July 15th, 2015 in appeals, closed material, damages, human rights, Iran, Ireland, negligence, news by sally

‘The Court of Appeal has cleared the way for the Government to apply for controversial secret court hearings as it faces being sued for damages by an IRA informant and Iranians subjected to asset freezing orders.’

The Independent, 14th July 2015

Source: www.independent.co.uk

How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by sally

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

Husband ordered to hand over all assets to wife in divorce case – Daily Telegraph

Posted July 14th, 2015 in appeals, divorce, financial provision, news by sally

‘A hospital consultant who left his family and moved abroad has been ordered to hand his ex-wife all their assets, including a property and savings of more than £300,000.’

Daily Telegraph, 13th July 2015

Source: www.telegraph.co.uk

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