Doctors must continue to treat terminally ill baby, court rules – The Guardian

‘Doctors in London must continue to treat a terminally ill baby at the centre of a life-support legal battle until midnight on Tuesday, judges at the European court of human rights have said.’

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The Guardian, 9th June 2017

Source: www.theguardian.com

Campaigners win permission for Court of Appeal challenge to fracking decision – Local Government Lawyer

Posted June 9th, 2017 in appeals, environmental protection, news, planning by sally

‘Campaigners have this week been granted permission to appeal a Planning Court ruling allowing fracking at a site in Lancashire.’

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Local Government Lawyer, 8th June 2017

Source: www.localgovernmentlawyer.co.uk

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 6th, 2017 in appeals, government departments, immigration, news, tribunals by tracey

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement 5th June 2017

Source: www.freemovement.org.uk

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base – Free Movement

Posted June 6th, 2017 in appeals, armed forces, immigration, news, refugees, treaties by tracey

‘R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397. The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention does not apply there. The Court of Appeal has unanimously held that in doing so, then-Home Secretary Theresa May acted unlawfully in denying refugees from the SBAs access to the UK.’

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Free Movement, 6th June 2017

Source: www.freemovement.org.uk

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by tracey

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 5th, 2017 in appeals, government departments, immigration, news, tribunals by tracey

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement, 5th June 2017

Source: www.freemovement.org.uk

Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017

Source: www.legalfutures.co.uk

Hyde v Milton Keynes NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in appeals, costs, fees, hospitals, law reports, legal aid by sally

Hyde v Milton Keynes NHS Foundation Trust [2017] EWCA Civ 399

‘The claimant brought a personal injury claim against the defendant under a Community Legal Service funding certificate which was subject to costs limitations. Although the defendant had admitted liability, quantum remained in issue. With the funding certificate nearing exhaustion and the Legal Services Commission refusing further funding, the claimant’s solicitors concluded that the case could not be completed on a funded basis. Accordingly, the claimant entered into a conditional fee agreement (“CFA”) with her solicitors. The solicitors served on the defendant notice of a change in funding arrangements but took no steps to apply for or obtain a formal discharge of the funding certificate. The claim later settled, the defendant having made an increased offer which the claimant accepted. On the assessment of costs, the costs judge concluded that the claimant was entitled to recover from the defendant her costs arising under the CFA, rejecting the defendant’s contention that the CFA was unenforceable by virtue of sections 10(1) and 22(2) of the Access to Justice Act 1999 because it had been entered into at a time when the claimant was “funded” by the commission as part of the Community Legal Service. The judge dismissed the defendant’s appeal, holding that the claimant was not “funded” by the commission, for the purposes of sections 10(1) and 22(2), once the funding certificate had been exhausted, even though the certificate had not been discharged.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

S v Director of Public Prosecutions – WLR Daily

S v Director of Public Prosecutions [2017] EWHC 1162 (Admin)

‘The defendant was charged with an offence of tampering with a motor vehicle contrary to section 25 of the Road Traffic Act 1988 and tried before justices in the Youth Court. The justices dismissed a submission by the defendant that there was no case to answer and, having heard evidence from the defendant and considered the burden and standard of proof, the justices convicted him. A contemporaneuos note of the justices’ reasons read, inter alia: “We listened to the [defendant’s] evidence which did not persuade us that there was no intention to tamper with the [motor vehicle]. We are therefore sure you are guilty.”’

WLR Daily, 18th May 2017

Source: www.iclr.co.uk

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions – UK Constitutional Law Association

Posted June 1st, 2017 in appeals, contracts, judicial review, news, shipping law, Supreme Court by sally

‘Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, and indeed much of equity might be characterised as a law of administration. Our focus here will be the legal principles sourced in the law of contract which regulate the exercise of powers of decision, including discretions, under contracts (‘contractual review’) and the interrelationship between these principles and those common law principles regulating exercise of administrative powers under statute (‘administrative law review’).’

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UK Constitutional Law Association, 31st May 2017

Source: ukconstitutionallaw.org

British parents go to supreme court over sending sick baby to US – The Guardian

Posted June 1st, 2017 in appeals, children, medical treatment, news, Supreme Court by sally

‘The parents of a severely ill baby will take their legal battle to an emergency hearing at the supreme court next week in the hope of persuading judges that he should be treated in the US.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

CoA right to take stern line on McKenzie friend concept, solicitors say – Law Society’s Gazette

Posted May 31st, 2017 in appeals, litigation friends, McKenzie friends, news by sally

‘A Court of Appeal judgment that discouraged use of the term ‘McKenzie friend’ and described the bad experiences that some court users have had with unqualified advisers has met mixed views from the profession.’

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Law Society's Gazette, 26th May 2017

Source: www.lawgazette.co.uk

Willpower & determination – New Law Journal

‘Paola Fudakowska & Henrietta Mason provide a wills & probate update.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Court of Appeal dismisses challenge to rules on Adult Dependent Relatives – Free Movement

Posted May 30th, 2017 in appeals, elderly, families, immigration, news, regulations by sally

‘The Court of Appeal has dismissed the challenge brought by campaign group Britcits to the restrictive Immigration Rules on the admission to the UK of parents, grandparents and other adult dependent relatives. The case is BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368.’

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Free Movement, 30th May 2017

Source: www.freemovement.org.uk

LPP: handle with care – New Law Journal

Posted May 30th, 2017 in appeals, legal profession, news, privilege by sally

‘Erosion of privilege—are we at the thin end of the wedge, asks David Owen.’

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New Law Journal, 19th May 2017

Source: www.newlawjournal.co.uk

Court of Appeal confirms right of Gambling Commission to veto gambling in pubs – OUT-LAW.com

Posted May 30th, 2017 in appeals, gambling, licensing, news, veto by sally

‘The Gambling Commission in Britain can prevent pubs from providing gambling services to consumers even if those pubs satisfy the criteria necessary for obtaining an operating licence, the Court of Appeal in London has confirmed.’

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OUT-LAW.com, 26th May 2017

Source: www.out-law.com

Striking teachers – Education Blog

Posted May 30th, 2017 in appeals, industrial action, news, remuneration, Supreme Court, teachers by sally

‘Teachers at a sixth form college participate in a full day of lawful strike action. The collective agreement (the Red Book) incorporated into their individual contracts of employment provides that in such a situation their employer can withhold their pay. But how much can the deductions be? That was the issue in Hartley v King Edward VI College (2017) UKSC 39. The employer had made the deductions at a rate of 1/260 of their annual pay. That was based on the number of weekdays in a calendar year. That was wrong say the Supreme Court. The employer was entitled to make deductions only at a rate of 1/365 of their annual salary. This is the effect of the Apportionment Act 1870 (“the Act”). This provides for accrual from day to day: Section 2.’

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Education Blog, 24th May 2017

Source: education11kbw.com

Court of Appeal backs claimants over post-legal aid CFA – Law Society’s Gazette

Posted May 26th, 2017 in appeals, costs, fees, legal aid, news by tracey

‘The Court of Appeal has upheld a conditional fee agreement entered into because legal aid had run out – even though the legal aid certificate had not been formally discharged.’

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Law Society’s Gazette, 24th May 2017

Source: www.lawgazette.co.uk

Man who started toilet fire on Sharm el-Sheikh flight has sentence more than doubled – Daily Telegraph

Posted May 26th, 2017 in aircraft, appeals, arson, news, sentencing by tracey

‘A man who started a fire in the toilet of a plane carrying more than 200 people has had his prison sentence more than doubled at the Court of Appeal.’

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Daily Telegraph, 26th May 2017

Source: www.telegraph.co.uk

Diary of a Wimpy Minister – Panopticon

‘A mere three years ago, the FTT held that the Ministerial Diary of Andrew Lansley was relevantly held under FOIA and was not exempt under section 35(1)(b). Now the Court of Appeal has held, in Department of Health v Information Commissioner & Lewis [2017] EWCA Civ 374, that the FTT made no error. The fact that no-one can now remember who Andrew Lansley was (now Lord Lansley CBE thank you) or why anyone would care, is by-the-by.’

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Panopticon, 25th May 2017

Source: www.panopticonblog.com