Mark Duggan shooting: court considers appeal against inquest verdict – The Guardian

Posted March 2nd, 2017 in appeals, inquests, jury directions, news, police, unlawful killing by sally

‘The mother of Mark Duggan, whose fatal shooting by police in 2011 triggered riots across the country, is going to the court of appeal on Thursday in what she says is her “continuing search for justice” for her son.’

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The Guardian, 2nd March 2017

Source: www.guardian.co.uk

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The Round Up: Couples in the Courts – UK Human Rights Blog

Posted February 28th, 2017 in appeals, families, immigration, married persons, news, Supreme Court by tracey

‘Immigration law featured heavily in courts in the past week, with judgments in two cases handed down by the justices.’

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UK human Rights Blog, 27th February 2017

Source: www.ukhumanrightsblog.com

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High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by tracey

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

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Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

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COURT OF APPEAL TAKE UNUSUAL Decision to Reverse Trial Judge’s Finding on Liability in Cerebral Palsy Case – Zenith PI Blog

Posted February 23rd, 2017 in appeals, birth, disabled persons, expert witnesses, news by sally

‘The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s decision in Montgomery v Lanarkshire Health Board [2015] UKSC 11. However the Court of Appeal didn’t stop there. They went on to find that, had the relevant medical practitioner in this case, followed Montgomery and given the In Claimant’s mother the relevant information; she would have elected to have her baby induced on 27th December which would have avoided the brain injury and consequent disabilities that he now suffers from.’

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Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

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Parental consent not required for section 20 accommodation – Community Care Blog

‘Is it a breach of a local authority’s duty under section 20 of the Children Act 1989, and article 8 of the ECHR, to keep children in foster care without their parent’s consent? This was the question answered by the Court of Appeal in London Borough of Hackney v Williams [2017] EWCA Civ 26.’

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Community Care Blog, 9th February 2017

Source: www.communitycare11kbw.com

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Income rules for foreign spouses upheld – BBC News

‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

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Court of Appeal: law firms must comply with data requests even if purpose is to aid litigation – Legal Futures

Posted February 22nd, 2017 in appeals, data protection, disclosure, documents, news, privilege by sally

‘Law firms must comply with data requests even if the purpose for seeking the documents is “assisting in litigation”, the Court of Appeal has ruled.’

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Legal Futures, 22nd February 2017

Source: www.legalfutures.co.uk

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Health and safety: Do higher fines and tougher enforcement make for more appeals? – OUT-LAW.com

‘The introduction of the Definitive Sentencing Guideline for Health and Safety, Corporate Manslaughter and Food Safety and Hygiene Offences in February 2016 has resulted in a huge shift in the punishment of safety offences.’

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OUT-LAW.com, 21st February 2017

Source: www.out-law.com

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Appeal court rules firm wrong to refuse disclosure of privileged information – Law Society’s Gazette

Posted February 22nd, 2017 in appeals, data protection, disclosure, news, privilege by sally

‘The Court of Appeal has ordered international firm Taylor Wessing to comply with an application for information it held about parties embarking on litigation despite the firm’s claim that the data was covered by legal professional privilege.’

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Law Society’s Gazette, February 2017

Source: www.lawgazette.co.uk

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Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

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Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com

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Should heterosexual couples be allowed to enter civil partnerships? – The Guardian

‘A heterosexual couple who labelled traditional marriage as a “sexist” and “patriarchal” institution, have lost their appeal to enter into a civil partnership.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

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Get Carter gangland murder appeal rejected – BBC News

Posted February 22nd, 2017 in appeals, Criminal Cases Review Commission, gangs, murder, news by sally

‘A bid to challenge a murder conviction that inspired the classic crime thriller Get Carter has been rejected by the High Court.’

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BBC News, 21st February 2017

Source: www.bbc.co.uk

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Jetha v Basildon Court Residents Company Ltd – Arden Chambers

Posted February 22nd, 2017 in appeals, covenants, estoppel, landlord & tenant, leases, news, service charges, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has given guidance on the approach to be followed by the First-tier Tribunal (Property Chamber) when considering whether there is an estoppel by convention which prevents a leaseholder from denying the payability of a service charge which has not been demanded in accordance with the terms of the lease.’

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Arden Chambers, 16th February 2017

Source: www.ardenchambers.com

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Court rules against heterosexual couple who wanted civil partnership – The Guardian

‘A legal challenge aimed at overturning the ban on heterosexual couples entering into civil partnerships has gained ground despite defeat at the court of appeal, according to equal rights campaigners.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

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Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

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Finance and Divorce Update, February 2017 – Family Law Week

Posted February 21st, 2017 in appeals, divorce, financial provision, news by sally

‘Sue Brookes, and Rose-Marie Drury, both Senior Associates with Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during January 2017.’

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Family Law Week, 10th February 2017

Source: www.familylawweek.co.uk

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Waiving goodbye to the breach: repairing obligations and waiver of breach – The 36 Group

Posted February 21st, 2017 in appeals, landlord & tenant, leases, news, repairs by sally

‘Repairing obligations are almost universally incorporated in commercial and residential leases and licences. In the general sense an obligation to repair is to carry out such repairs and maintenance as might be required from time to time (although much can depend upon the precise wording of the covenant/obligation). Where there is a breach by a tenant or licensee, the covenant is broken everyday the property is out of repair: the breach, therefore, is of a continuing nature. ‘

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The 36 Group, 6th February 2017

Source: www.36group.co.uk

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Reasons – Local Government Law

Posted February 21st, 2017 in appeals, local government, news, planning, sport by sally

‘The appeal in Oakley v South Cambridgeshire District Council (2017) EWCA Civ 71 raised the issue whether, in the particular circumstances of the case, the Planning Committee of the South Cambridgeshire District Council ought to have given reasons for granting planning permission for the development by Cambridge City Football Club, a semi-professional club, of a football stadium capable of seating three thousand people. The proposed construction is in the outskirts of Sawston in Cambridgeshire, on land which is part of the Green Belt. The application for planning permission was not only for the erection of the ground, together with associated training and parking facilities, but also for the creation of a partially floodlit recreational ground which would be gifted to the Sawston Parish Council for community use.’

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Local Government Law, 17th February 2017

Source: www.11kbw.com/blogs/local-government-law

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Waaler v Hounslow LBC – Arden Chambers

Posted February 21st, 2017 in appeals, leases, local government, news, service charges, tribunals by sally

‘The Court of Appeal has held that whether service charge costs are reasonably incurred, for the purposes of Landlord and Tenant Act 1985, s.19, is to be determined by reference to an objective standard of reasonableness rather than applying public law principles of rationality. A tribunal should not, however, impose its own decision where a landlord has adopted a course of action which led to a reasonable outcome, even if there was a cheaper outcome which was also reasonable.’

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Arden Chambers, 2nd February 2017

Source: www.ardenchambers.com

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Plumbing the depths of employment status as the gig economy gathers steam – Cloisters

‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’

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Cloisters, 10th February 2017

Source: www.cloisters.com

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