Category: appeals

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) – WLR Daily

Posted April 30th, 2015 in appeals, company directors, ex turpi causa, fraud, insolvency, law reports, Supreme Court by sally

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) (Revenue and Customs Commissioners intervening) [2015] UKSC 23; [2015] WLR (D) 182

‘The defence of ex turpi causa non oritur actio is not available to company directors in a claim by the company for conspiracy to defraud the company because the directors’ conduct cannot be attributed to the company in the context of its claim for a breach of the directors’ duties. Section 213 of the Insolvency Act 1986 has extra territorial effect and can be invoked against the directors.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Regina v Bryon – WLR Daily

Posted April 30th, 2015 in appeals, burglary, crime, DNA, evidence, law reports by sally

Regina v Bryon [2015] WLR (D) 180

‘While DNA evidence taken from a moveable object was on its own insufficient for a prosecution case to go to a jury, DNA evidence combined with admissible evidence of a previous conviction for a similar offence was a sufficient basis.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

Regina v GH – WLR Daily

Posted April 30th, 2015 in appeals, fraud, law reports, money laundering, proceeds of crime, Supreme Court by sally

Regina v GH [2015] UKSC 24; [2015] WLR (D) 178

‘A person who opened bank accounts which he knew or suspected would then be used by a fraudster to deposit money which the latter hoped to obtain from victims could be charged with entering into an arrangement to facilitate the retention of criminal property, contrary to section 328(1) of the Proceeds of Crime Act 2002, even though there was no criminal property until after victims’ money had been paid into the accounts.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

What amounts to a “human rights claim” generating a new right of appeal? – Free Movement

Posted April 30th, 2015 in appeals, human rights, immigration, interpretation, news, tribunals by sally

‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’

Full story

Free Movement, 29th April 2015

Source: www.freemovement.org.uk

Private Children Law Update – No. 5 Chambers

Posted April 29th, 2015 in appeals, children, custody, domestic violence, families, news by sally

‘Ricky Seal, member of No5 Chambers Family Group, has compiled a list of private children case law updates for the Leicester & Leicestershire Family Justice Board.’

Full story

No. 5 Chambers, 9th April 2015

Source: www.no5.com

TUPE and Property Management – Tanfield Chambers

Posted April 29th, 2015 in appeals, contracts, EC law, employment, employment tribunals, news, transfer of undertakings by sally

‘It is well known that where the management or ownership of property passes from one company to another, the employment of staff engaged in property management or maintenance may transfer with it under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). However, it is not unusual for several different managed service contracts simultaneously to transfer from one contractor to another or for a number of sub-contracted maintenance contracts to be taken in-house by a property management company. A recent case has considered how TUPE applies in these circumstances involving multiple contracts.’

Full story

Tanfield Chambers, 27th April 2015

Source: www.tanfieldchambers.co.uk

Court of Appeal warns solicitors over standards of ‘commoditised’ services – Legal Futures

Posted April 29th, 2015 in appeals, compensation, miners, news, solicitors by sally

‘Economic pressures forcing solicitors to ‘commoditise’ their advice “throw into sharp focus the need for standard form letters of advice to be clear in their exposition”, the Court of Appeal warned yesterday.’

Full story

Legal Futures, 29th April 2015

Source: www.legalfutures.co.uk

ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

Full story

Technology Law Update, 28th April 2015

Source: www.technology-law-blog.co.uk

Curbing the Good Character Direction – Zenith Chambers

Posted April 29th, 2015 in appeals, civil procedure rules, crime, good character, juries, news by sally

‘A specially constituted fivemember Court of Appeal handed down judgment last week in the case of R v Hunter & Others [2015] EWCA Crim 631. The court heard a number of appeals concerning the circumstances in which a good character direction should be given and the extent of such a direction.’

Full story (PDF)

Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

Ipsa loses court of appeal challenge over MPs’ expenses – The Guardian

Posted April 28th, 2015 in appeals, disclosure, documents, expenses, freedom of information, news, parliament by sally

‘The regulatory body set up after the MPs’ expenses scandal has lost a test case challenge in the court of appeal against an order that it must release copies of receipts and invoices submitted by politicians.’

Full story

The Guardian, 28th April 2015

Source: www.guardian.co.uk

Barry Beavis parking charges challenge dismissed – BBC News

Posted April 24th, 2015 in appeals, fines, news, parking, unfair contract terms by sally

‘A chip shop owner has lost his Court of Appeal challenge over what he claimed were “unfair, unlawful and disproportionate” parking charges.’

Full story

BBC News, 23rd April 2015

Source: www.bbc.co.uk

Judge blocks deportation flight for rejected Afghan asylum-seekers – The Guardian

Posted April 23rd, 2015 in appeals, asylum, children, deportation, news by sally

‘A charter flight which was due to depart on Tuesday night with dozens of Afghan asylum-seekers facing removal from Britain has been cancelled on the orders of an appeal court judge.’

Full story

The Guardian, 22nd April 2015

Source: www.guardian.co.uk

Can you make a new application while awaiting outcome of another application or appeal? – Free Movement

Posted April 23rd, 2015 in appeals, immigration, news, tribunals by sally

‘The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some sense from the proliferating grounds or traversing territory that is already well known, but there is something new to take away. New to me, at any rate.’

Full story

Free Movement, 23rd April 2015

Source: www.freemovement.org.uk

EAT upholds £10,000 costs order against claimant “in dire straits” – Litigation Futures

Posted April 23rd, 2015 in appeals, costs, employment tribunals, news by sally

‘A costs order of £10,000 against a woman described by her barrister as “in dire straits” has been upheld by the Employment Appeal Tribunal (EAT).’

Full story

Litigation Futures, 23rd April 2015

Source: www.litigationfutures.com

Home Office ordered to bring back migrant mother and five-year-old son deported to Nigeria – The Independent

Posted April 22nd, 2015 in appeals, asylum, children, deportation, families, mental health, news, trafficking in human beings by sally

‘The Home Office has been ordered to arrange for a deported migrant family to be returned to Britain from Nigeria – in a landmark ruling that threatens to undermine the Government’s “deport first, appeal later” policy.

Full story

The Independent, 22nd April 2015

Source: www.independent.co.uk

1948 Malayan killings case reaches UK Supreme Court – BBC News

Posted April 22nd, 2015 in appeals, armed forces, colonies, firearms, homicide, human rights, inquiries, news, Supreme Court by sally

‘Relatives of 24 men killed by British troops in Malaya in 1948 will take their demands for a public inquiry to the Supreme Court later.’

Full story

BBC News, 22nd April 2015

Source: www.bbc.co.uk

Jackson has mercy on claimant whose damages were wiped out by “swingeing” costs order – Litigation Futures

Posted April 21st, 2015 in appeals, costs, damages, misrepresentation, negligence, news by sally

‘Lord Justice Jackson has shown his merciful side in overturning a “swingeing” costs order which would have wiped out the £75,000 damages won by the claimant in a housing case.’

Full story

Litigation Futures, 21st April 2015

Source: www.litigationfutures.com

Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

Posted April 20th, 2015 in accidents, appeals, bereavement, compensation, damages, delay, news, personal injuries, Supreme Court by sally

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

Full story

Cloisters, 24th April 2015

Source: www.cloisters.com

Patel v Mirza: Illegal Cats and a Place of Repentance – Family Law Week

Posted April 20th, 2015 in appeals, cohabitation, families, family courts, financial dispute resolution, illegality, Law Commission, news by sally

‘John Wilson QC of 1 Hare Court analyses a Court of Appeal judgment on the illegality defence which may prove very pertinent to cohabitation and financial remedy cases.’

Full story

Family Law Week, 15th April 2015

Source: www.familylawweek.co.uk

CS v ACS and another – WLR Daily

Posted April 20th, 2015 in appeals, consent orders, disclosure, divorce, family courts, financial dispute resolution, law reports, practice directions, ultra vires by sally

CS v ACS and another [2015] EWHC 1005 (Fam); [2015] WLR (D) 171

‘The final sentence in paragraph 14.1 of Practice Direction 30A supplementing FPR Pt 30, stating that a consent order made by a district judge could be challenged only by way of an appeal, encroached on the right of a litigant in certain circumstances to apply to the court without first obtaining permission and was therefore ultra vires and should be treated as a nullity.’

WLR Daily, 16th April 2015

Source: www.iclr.co.uk