appeals – Page 2 – Current Awareness

Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority – UK Constitutional Law Association

Posted November 22nd, 2023 in appeals, asylum, constitutional law, deportation, government departments, human rights, immigration, news, Supreme Court by sally

‘Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends to “take the extraordinary step of introducing emergency legislation” which “will enable Parliament to confirm that… Rwanda is safe”.’

UK Constitutional Law Association, 22nd November 2023

Source: ukconstitutionallaw.org

The Russell murders: is Michael Stone in prison for a brutal crime he didn’t commit? – The Guardian

Posted November 22nd, 2023 in appeals, Criminal Cases Review Commission, imprisonment, miscarriage of justice, murder, news by sally

‘He was jailed for the murders of Lin and Megan Russell in 1997. Now, 26 years, two trials and two appeals later, Stone’s case is being reviewed.’

The Guardian, 22nd November 2023

Source: www.theguardian.com

Doctor’s suspension after questioning the severity of Covid 19 did not breach his Article 10 rights – UK Human Rights Blog

Posted November 21st, 2023 in appeals, coronavirus, disciplinary procedures, doctors, human rights, news, tribunals by sally

‘This was an appeal by a doctor against a decision of the medical practitioners’ tribunal that he was guilty of misconduct. He also appealed against the tribunal’s decision to suspend his registration for six months.’

UK Human Rights Blog, 20th November 2023

Source: ukhumanrightsblog.com

Unanimous Supreme Court: Rwanda removals are unlawful – UK Human Rights Blog

Posted November 17th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by tracey

‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] UKSC 42. The Government’s flagship policy of removing individual asylum seekers to Rwanda for their claims to be decided under the Rwandan asylum system that was announced on 14th April 2022 has been found to be unlawful by a unanimous Supreme Court.’

UK Human Rights Blog, 15th November 2023

Source: ukhumanrightsblog.com

Supreme Court dismisses commercial lender’s appeal over PPI claim – Law Society’s Gazette

Posted November 17th, 2023 in appeals, disclosure, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has ruled that a claim over the misselling of a payment protection insurance policy was not time-barred as the commercial lender failed to disclose that it was charging a “substantial commission” on the policy.’

Law Society's Gazette, 16th November 2023

Source: www.lawgazette.co.uk

Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by sally

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

The Guardian, 15th November 2023

Source: www.theguardian.com

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by sally

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

EIN Blog, 15th November 2023

Source: www.ein.org.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

Posted November 16th, 2023 in anonymity, appeals, chambers articles, copyright, costs, default judgments, dispute resolution, news by sally

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by sally

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

The Independent, 15th November 2023

Source: www.independent.co.uk

Good practices in probate litigation – Bowser v Smith [2023] EWCA Civ 923 – New Square Chambers

Posted November 16th, 2023 in appeals, chambers articles, news, probate by sally

‘In this article, JJ Liew examines the case of Bowser v Smith, with a focus on the Court of Appeal’s discussion of the conduct expected of the parties in the handling of contentious probate litigation.’

New Square Chambers, 3rd October 2023

Source: www.newsquarechambers.co.uk

Olivia’s killer plans conviction appeal after losing minimum term challenge – The Independent

Posted November 16th, 2023 in appeals, children, imprisonment, murder, news, sentencing by sally

‘Thomas Cashman failed in a bid to challenge his 42-year sentence for the murder of Olivia Pratt-Korbel at the Court of Appeal on Wednesday.’

The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

Posted November 16th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by sally

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

The Guardian, 16th November 2023

Source: www.theguardian.com

Diag Human v Volterra Fietta – Hailsham Chambers

Posted November 15th, 2023 in appeals, arbitration, chambers articles, fees, news by sally

‘The Court of Appeal dismisses the solicitors’ appeal in Diag Human v Volterra Fietta. In this note, Jamie Carpenter KC, Counsel for the successful Respondents, analyses the decision and its implications for litigation funding agreements in light of PACCAR.’

Hailsham Chambers, 4th October 2023

Source: www.hailshamchambers.com

Reassurances, Assurances or Uncertainties? – Hailsham Chambers

Posted November 15th, 2023 in appeals, chambers articles, insurance, jurisdiction, news by sally

‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’

Hailsham Chambers, 5th October 2023

Source: www.hailshamchambers.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

Posted November 15th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Supreme Court by sally

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

BBC News, 15th November 2023

Source: www.bbc.co.uk

UK appeal court dismisses £1.3m award over share purchase agreement wording – OUT-LAW.com

Posted November 15th, 2023 in appeals, damages, drafting, interpretation, news, shareholders by sally

‘A Court of Appeal ruling that overturned a £1.31 million damages award for breach of a share purchase agreement (SPA) demonstrates the importance of careful interpretation of SPA drafting in order to correctly notify and plead breach of warranty claims, according to one legal expert.’

OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Bad Optics: The High Court Focuses on Panel Member’s Apparent Bias in Suleman v General Optical Council [2023] EWHC 2110 (Admin) – Mountford Chambers

Posted November 14th, 2023 in appeals, bias, chambers articles, conflict of interest, employment, news, recusal by sally

‘On 16 August 2023 the High Court handed down its judgment allowing the appeal in Suleman v General Optical Council [2023] EWHC 2110 (Admin). The High Court found that a panel member should have recused himself due to his connections to the appellant’s former employer. His failure to do so tainted the entire proceedings.’

Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

CPR Witness Statements: Lost in Translation – St John’s Buildings

Posted November 14th, 2023 in appeals, chambers articles, civil procedure rules, news, practice directions, witnesses by sally

‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’

St John's Buildings, 31st October 2023

Source: stjohnsbuildings.com

Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by tracey

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

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