How long has this been going on? – settled accommodation – Nearly Legal

‘The issue in this second appeal was what amounts to ‘settled accommodation’, sufficient to break the chain of causation of intentional homelessness.’

Full Story

Nearly Legal, 29th October 2017

Source: nearlylegal.co.uk

Lump sum orders under Pt III of MFPA 1984 – Family Law

‘Family analysis: A husband’s appeal succeeded against a lump sum order made in favour of the wife by an English court after the couple agreed a financial consent order in Russian divorce proceedings. Jenny Duggan, associate at Stewarts, examines issues that arose in Zimina v Zimin.’

Full Story

Family Law, 27th October 2017

Source: www.familylaw.co.uk

Local authority wins tribunal case over student accommodation and council tax – Local Government Lawyer

‘The Valuation Tribunal has dismissed an appeal by a student accommodation provider over the application of council tax exemptions to student flats.’

Full Story

Local Government Lawyer, 25th October 2017

Source: localgovernmentlawyer.co.uk

Government appeals against High Court ruling that benefit cap ’causes misery to no good purpose’ – Independent

Posted October 25th, 2017 in appeals, benefits, families, news by michael

‘The Government has launched an appeal against a ruling that its controversial benefits cap unlawfully discriminates against lone parents with children under two.’

Full Story

Independent, 24th October 2017

Source: www.independent.co.uk

Council wins appeal over residential care payments and revenue streams – Local Government Lawyer

Posted October 24th, 2017 in appeals, care homes, elderly, fees, local government, news by sally

‘The Court of Appeal has allowed a council’s appeal over whether it could lawfully take into account three revenue streams – private fees, top up payments and NHS payments – when making an evaluative judgement of what it would expect to pay for residential care for the elderly.’

Full Story

Local Government Lawyer, 23rd October 2017

Source: www.localgovernmentlawyer.co.uk

Birmingham pub bombings: Families to challenge inquest ruling – BBC News

Posted October 23rd, 2017 in appeals, explosives, families, inquests, news, victims by sally

‘Families of victims of the Birmingham pub bombings have been granted permission to challenge a coroner who ruled out naming alleged suspects during inquests into the tragedy.’

Full Story

BBC News, 20th October 2017

Source: www.bbc.co.uk

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

Full Story

OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Councils face rise in claims after Supreme Court rules on foster abuse liability – Local Government Lawyer

Posted October 19th, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by tracey

‘Local authorities face a significant increase in claims after a majority of the Supreme Court ruled that councils can be held vicariously liable for wrongful actions of foster parents to a child in foster care.’

Full Story

Local Government Lawyer, 18th October 2017

Source: localgovernmentlawyer.co.uk

Child killer gets longer life sentence – Attorney General’s Office

Posted October 19th, 2017 in appeals, murder, press releases, sentencing by tracey

‘Marvyn Iheanacho who killed a 5 year old boy has had his sentence increased by 3 years after representation at the Court of Appeal by the Solicitor General.’

Full press release

Attorney General’s Office, 17th October 2017

Source: www.gov.uk/ago

Appeal court throws out libel claim over CPS press release – Law Society’s Gazette

‘Lay readers understand the special meaning of words used by lawyers, the Court of Appeal has said, dismissing a libel claim over a Crown Prosecution Service press release.’

Full Story

Law Society's Gazette, 18th October 2017

Source: www.lawgazette.co.uk

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by tracey

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by tracey

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

Full Story

The Guardian, 18th October 2017

Source: www.theguardian.com

Foster care abuse victim in ‘landmark’ win against council – BBC News

‘A woman who was abused as a child by her foster parents has won a Supreme Court battle against the local authority responsible for her care.’

Full Story

BBC News, 18th October 2017

Source: www.bbc.co.uk

Catford park murder: Longer sentence for lost shoe boy killer – BBC News

Posted October 18th, 2017 in abuse of position of trust, appeals, murder, news, sentencing by sally

‘A killer who beat a five-year-old boy to death for losing a trainer in a park has had his prison sentence extended to a minimum of 21 years.’

Full Story

BBC News, 17th October 2017

Source: www.bbc.co.uk

Court of Appeal clarifies contractual rights for issuers of bearer notes – OUT-LAW.com

Posted October 17th, 2017 in appeals, banking, contracts, news by tracey

‘The Court of Appeal (CoA) has issued a landmark judgment which clarifies the rights and obligations for issuers of bearer notes and investors in them.’

Full Story

OUT-LAW.com, 16th October 2017

Source: www.out-law.com

Understandable Relief – CPR 3.9 Appeal – Late Filing Of Costs Budget – Zenith PI

Posted October 17th, 2017 in appeals, budgets, civil procedure rules, costs, delay, news by tracey

‘I recently represented the Claimant/Appellant before HHJ Gosnell in Leeds in relation to an appeal against the refusal of an application for relief from sanctions at first instance. The appeal was successful, with relief being granted and the Claimant being permitted to rely on his costs budget, despite it having been served over two months late, rather than being treated as having filed a budget comprising only the applicable court fees.’

Full Story

Zenith PI, 16th October 2017

Source: zenithpi.wordpress.com

Increased sentences for 2 Nottingham child sex offenders – Attorney General’s Office

Posted October 17th, 2017 in appeals, news, sentencing, sexual offences by tracey

‘Dobson and Smith had their sentences significantly increased by the Court of Appeal.’

Full Story

Attorney General's Office, 13th October 2017

Source: www.gov.uk

‘Clumsy’ lawyers risk appeals after judge clarifies family court powers – Law Society’s Gazette

Posted October 17th, 2017 in appeals, consent orders, families, news by tracey

‘A broad interpretation of the family court’s powers risks creating a surge in appeals if “clumsy” lawyers delve into areas beyond their specialism, solicitors fear.’

Full Story

Law Society's Gazette, 16th October 2017

Source: www.lawgazette.co.uk

Conscientious objection again: Adyan v Armenia – Law & Religion UK

‘In Adyan and Ors v Armenia [2017] ECHR 882, four Jehovah’s Witnesses had been convicted and imprisoned for refusing to perform either military or alternative civilian service.’

Full Story

Law & Religion UK, 16th October 2017

Source: www.lawandreligionuk.com

Construction of Terms in Cross-Licensing Agreements: Koninklijke Philips N.V. v Asustek Computer Incorporation and Others – NIPC Law

‘In FRAND 8 Oct 2017 I discussed the terms upon which patents for inventions that are essential to a standard are licensed. I noted that courts around the world had held that those terms should be fair, reasonable and non-discriminatory – in other words, FRAND. The Court of Appeal’s decision in Koninklijke Philips N.V. v Asustek Computer Incorporation and Others [2017] EWCA Civ 1526 (11 Oct 2017) concerned the construction of a clause licensing such patents. It is important to note, however, that none of the judges who heard the appeal mentioned the acronym, FRAND, and it appeared only twice in the judgment of the trial judge.’

Full Story

NIPC Law, 13th October 2017

Source: nipclaw.blogspot.co.uk