Taxi driver loses appeal over conviction for making additional charge of wheelchair user – Local Government Lawyer

‘A taxi driver has lost an appeal over his conviction of an offence under the Equality Act 2010 of making an additional charge for a disabled person in a wheelchair.’

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Local Government Lawyer, 28th February 2019

Source: www.localgovernmentlawyer.co.uk

Sally Challen appeal: judges give hope to women who killed their abusive husbands – Daily Telegraph

‘Dozens of women imprisoned for murdering their partners after violent, abusive relationships will seek to overturn their convictions, lawyers have said, after a wife jailed for bludgeoning her husband to death with a hammer won her appeal to secure a retrial.’

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Daily Telegraph, 28th February 2019

Source: www.telegraph.co.uk

First-lodged bankruptcy petition should be heard first, says High Court – OUT-LAW.com

Posted February 27th, 2019 in appeals, bankruptcy, documents, judges, news, service by tracey

‘A judge in the Insolvency and Companies Court (ICC) was wrong to adjourn a bankruptcy petition hearing, an action which meant that the first creditors to present bankruptcy petitions would have their case heard first. The High Court in England has said that the ICC judge should have given reasons for not following two previous ICC orders that the first petition be heard first.’

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OUT-LAW.com, 27th February 2019

Source: www.out-law.com

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

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Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Sally Challen: Hammer killer wife in ‘landmark’ appeal – BBC News

‘A woman who bludgeoned her husband to death with a hammer is set to challenge her murder conviction in what is being described as a landmark case.’

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BBC News, 27th February 2019

Source: www.bbc.co.uk

Fiona Onasanya will not face longer prison sentence, Solicitor General rules – Daily Telegraph

Posted February 26th, 2019 in appeals, news, parliament, perverting the course of justice, sentencing by tracey

‘Disgraced MP Fiona Onasanya will not have her three-month jail sentenced extended after the Solicitor General decided not to refer her case to the Court of Appeal.’

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Daily Telegraph, 25th February 2019

Source: www.telegraph.co.uk

Spousal maintenance orders: a meal ticket for life? – Family Law

Posted February 25th, 2019 in appeals, bills, children, cohabitation, divorce, families, financial provision, news, Supreme Court by tracey

‘According to Sara Hunt, a knowledge lawyer at Farrer & co, the recent decision of the Supreme Court in Mills v Mills has highlighted the current debate regarding spousal maintenance in England and Wales. Press headlines have focused on the apparent “meal ticket for life” that such orders are said to provide.’

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Family Law, 25th February 2019

Source: www.familylaw.co.uk

Lords urged to hurry through legislation cracking down on ‘cowboy’ parking firms as it emerges DVLA will share details of 7m drivers this year – Daily Telegraph

‘The House of Lords has been urged to hurry through legislation that will crack down on “cowboy” private parking firms, as it emerged that seven million drivers will have their personal details shared by the DVLA this year.’

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Daily Telegraph, 24th February 2019

Source: www.telegraph.co.uk

Supreme Court: No right to sue untraced driver – Litigation Futures

‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’

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Litigation Futures, 20th February 2019

Source: www.litigationfutures.com

Drug addict who threatened her own grandfather with a hammer jailed – The Independent

‘A woman who threatened her grandfather with a hammer while robbing him to fund her drug addiction has been jailed for four years.’

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The Independent, 20th February 2019

Source: www.independent.co.uk

Property Litigation column: Wednesbury unreasonable and landlords: No.1 West India Quay – Hardwicke Chambers

Posted February 19th, 2019 in appeals, consent, interpretation, landlord & tenant, leases, news, repairs, Supreme Court by sally

‘In property law, discretionary powers are common. Such discretionary powers most often confer, on one contracting party, a discretionary power to grant or withhold consent for such things as changes of use, building, or alterations including the grant of consent. They are frequently found in restrictive covenants and in leases and include, for example, “Jervis v Harris” clauses which allow a landlord, during the term of a lease, to enter the demised premises and carry out works to remedy disrepair. The question of how a Court should approach a challenge to the exercise, under a contract, of a discretionary power is an old chestnut.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

Shutting Pandora’s Box – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, contracts, injunctions, insolvency, jurisdiction, news by sally

‘Ever since 31 July 2018, when Fraser J handed down his judgment in Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (in liquidation) [2018] EWHC 2043 (TCC), many of those involved in either insolvency or construction have been in a state of confusion tinged with disbelief. The potential ramifications were quite startling and the unease was only heightened by the more or less contemporary but very different decision of HHJ Waksman QC (as he then was) in Cannon Corporate Ltd v Primus Build Ltd [2018] EWHC 2143 (TCC). Both matters came before the Court of Appeal in November, since when the legal profession has been holding its collective breath. Now that the Court of Appeal has handed down its much-awaited judgment in these conjoined appeals the exhalation has been audible.’

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Hardwicke Chambers, 7th February 2019

Source: hardwicke.co.uk

Lydia Banerjee Writes “The Professional Obligations Owed By Auditors Have Been Under The Spot Light in Two Recent Case” – Littleton Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘On 30 January 2019 the Court of Appeal gave their judgment in the case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40. The following day judgment was handed down by the Honourable Mr Justice Bryan in AssetCo Plc v Grant Thornton UK LLP [2019] EWHC 150.’

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Littleton Chambers, 14th February 2019

Source: www.littletonchambers.com

SAAMCO revisited: information, advice and assumption of responsibility – Hardwicke Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when assessing the extent of a defendant’s liability for professional negligence.’

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Hardwicke Chambers, 14th February 2019

Source: hardwicke.co.uk

Nicholas Siddall on Uber: Form, Substance and Judicial Intervention – Littleton Chambers

Posted February 19th, 2019 in appeals, contract of employment, news, self-employment, Supreme Court, taxis by sally

‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’

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Littleton Chambers, 23rd January 2019

Source: www.littletonchambers.com

The primacy of insolvency law over construction law – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, contracts, insolvency, jurisdiction, news by sally

‘With the Court of Appeal’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd just a few weeks old, it is hardly surprising that people are looking again at the relationship between insolvency law and adjudication, noting that in cases of liquidation where parties have a cross claim, construction law defers to insolvency law.’

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Hardwicke Chambers, 14th February 2019

Source: hardwicke.co.uk

Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two? – Hardwicke Chambers

Posted February 19th, 2019 in appeals, civil procedure rules, news, time limits by sally

‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’

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Hardwicke Chambers, 13th February 2019

Source: hardwicke.co.uk

Cannon Corporate Ltd v Primus Build Ltd [2019] EWCA Civ 27 – Hardwicke Chambers

Posted February 19th, 2019 in appeals, construction industry, enforcement, insolvency, jurisdiction, news by sally

‘This was a conjoined appeal alongside Bresco v Lonsdale. In this case, Cannon and Primus had already participated in an adjudication, with the decision of the adjudicator favouring Primus. Primus would later enter into a Company Voluntary Arrangement.’

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Hardwicke Chambers, 13th February 2019

Source: hardwicke.co.uk

Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’

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UKSC Blog, 18th February 2019

Source: ukscblog.com

Ep. 67: Remediation – Mathew Barnes – Law Pod UK

‘Taken from our recent seminar, ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, Mathew Barnes asks the question in his talk about remediation – Can you teach an old dog new tricks?’

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Law Pod UK, 18th February 2019

Source: audioboom.com