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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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

Party escapes £27,000 costs bill in 14-year-old boundary dispute – Law Society’s Gazette

Posted March 25th, 2024 in appeals, boundaries, civil procedure rules, costs, damages, news, trespass by tracey

‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’

Full Story

Law Society’s Gazette, 25th March 2024

Source: www.lawgazette.co.uk

Miller v Irwin Mitchell LLP – Hailsham Chambers

Posted March 20th, 2024 in appeals, chambers articles, duty of care, law firms, news, solicitors by sally

‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’

Full Story

Hailsham Chambers, 5th February 2024

Source: www.hailshamchambers.com

Tesco to change Clubcard logo after losing Lidl legal battle – BBC News

Posted March 20th, 2024 in appeals, intellectual property, news, trade marks by sally

‘Tesco has been told to stop using its Clubcard Prices logo after losing a long legal battle with rival Lidl.’

Full Story

BBC News, 19th March 2024

Source: www.bbc.co.uk

Vulnerable adults and non-recognition of marriage – Local Government Lawyer

‘Amanda Schofield analyses a Court of Appeal ruling on the jurisdiction of the court to make a declaration that a marriage is not recognised as valid in England and Wales.’

Full Story

Local Government Lawyer, 15th March 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

Full Story

Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Lawyers can recover costs of attending rehab meetings “in principle” – Legal Futures

Posted March 18th, 2024 in appeals, case management, costs, damages, news, personal injuries, solicitors by tracey

‘The Court of Appeal has overturned a significant ruling last year that the costs of a fee-earner’s attendance at rehabilitation case management meetings are irrecoverable.’

Full Story

Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Court of Appeal delivers boost for claimant lawyers on costs principle – Law Society’s Gazette

Posted March 18th, 2024 in appeals, case management, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Claimant lawyers will breath a sigh of relief today after the Court of Appeal ruled that costs of attending rehabilitation case management meetings could in principle be recovered.’

Full Story

Law Society's Gazette, 15th March 2024

Source: www.lawgazette.co.uk