Category: appeals

In re S (A Child) (Access to Justice Foundation intervening) – WLR Daily

Posted April 8th, 2015 in appeals, children, costs, law reports, local government, statutory duty, Supreme Court by sally

In re S (A Child) (Access to Justice Foundation intervening) [2015] UKSC 20; [2015] WLR (D) 163

‘The principle that orders for costs were not normally made in cases about children applied in cases involving local authorities, whether in relation to first instance proceedings or on appeal. A costs order would only be made where a party had acted reprehensibly in relation to the child or had taken an unreasonable stance in the proceedings, or if it were otherwise appropriate and just, as where the child’s welfare might be put at risk if a costs order were not made.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

CPS seeks retrial for prison officer after conviction quashed – The Guardian

Posted April 8th, 2015 in appeals, Crown Prosecution Service, delay, media, misfeasance in public office, news, prison officers by sally

‘A prison officer whose conviction over leaks to newspapers was quashed by the court of appeal is facing a retrial, it has been confirmed.’

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The Guardian, 1st April 2015

Source: www.guardian.co.uk

‘In The Alternative’: Proprietary Estoppel in Cohabitation Cases – The Impact of the Decision in Blackburn v. Southwell – No. 5 Chambers

Posted April 7th, 2015 in appeals, cohabitation, constructive trusts, estoppel, news by sally

‘Last summer the case of Southwell v Blackburn came before the Court of Appeal. The subject of the appeal was the correct application of the equitable remedy of proprietary estoppel within the context of a cohabiting couple. Judgment was handed down on 16th October 2014 (reported under [2014] EWCA Civ 1347) and was subsequently described in the national press as a ‘landmark ruling’ in relation to the rights and entitlements of unmarried couples when their relationships come to an end. This article examines whether the decision has in fact moved the law on in such seismic terms.’

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No. 5 Chambers, 1st April 2015

Source: www.no5.com

On fairness, elephants and principle – UK Human Rights Blog

Posted April 7th, 2015 in appeals, EC law, human rights, news, Supreme Court, terrorism by sally

‘Procedural fairness is a bit like an elephant. It is difficult to define in abstract, but you know a fair procedure when you see one. So Lawton LJ put it in Maxwell v Department of Trade [1974] QB 523, 539’

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UK Human Rights Blog, 2nd April 2015

Source: www.ukhumanrightsblog.com

Supreme Court gives reasons for quashing offer of housing 50 miles away – Local Government Lawyer

Posted April 7th, 2015 in appeals, children, housing, local government, news, Supreme Court by sally

‘The Supreme Court has today given its reasons why it unanimously upheld a homeless mother of five’s appeal over a London borough’s offer of accommodation 50 miles away.’

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Local Government Lawyer, 2nd April 2015

Source: www.localgovernmentlawyer.co.uk

On the Road Again – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, children, health, homelessness, housing, local government, news, Supreme Court by sally

‘With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be allowed, with reasons to follow.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Care orders and accommodation pending appeal – Nearly Legal

Posted April 7th, 2015 in appeals, care orders, homelessness, housing, news, Supreme Court by sally

‘Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings.’

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Nearly Legal, 3rd April 2015

Source: www.nearlylegal.co.uk

Nigerian gay rights activist has her High Court asylum bid rejected – because judge doesn’t believe she is lesbian – The Independent

Posted April 7th, 2015 in appeals, asylum, deportation, homosexuality, human rights, immigration, mental health, news by sally

‘A Nigerian gays right activist who fears imprisonment and death because of her sexuality has had her case for asylum rejected by the High Court – after a judge ruled that she was pretending to be lesbian.

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The Independent, 3rd April 2015

Source: www.independent.co.uk

Tenant wins battle to stop Westminster council moving her out of London – The Guardian

Posted April 7th, 2015 in appeals, homelessness, housing, local government, news, Supreme Court by sally

‘A single mother of five children has won a protracted legal battle and prevented Westminster council from removing her family to Milton Keynes.’

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The Guardian, 2nd April 2015

Source: www.guardian.co.uk

Christian NHS worker appeals ruling she ‘bullied’ Muslim colleague by praying for her – Daily Telegraph

Posted April 7th, 2015 in appeals, bullying, Christianity, disciplinary procedures, employment tribunals, harassment, hospitals, news, professional conduct, religious discrimination by sally

‘Lawyers for Victoria Wasteney lodge appeal against tribunal, claiming human rights were breached when she was disciplined after claims she tried to convert Enya Nawaz.’

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Daily Telegraph, 5th April 2015

Source: www.telegraph.co.uk

Pleadings and putting to proof – an update – Park Square Barristers

Posted April 2nd, 2015 in appeals, fraud, insurance, news, road traffic, striking out by sally

‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

Montgomery Rules following the demise of Sidaway – No. 5 Chambers

Posted April 2nd, 2015 in appeals, birth, consent, hospitals, negligence, news, Scotland, Supreme Court by sally

‘The Supreme Court decision in the case of Montgomery v. Lanarkshire Health Board [2015] UKSC 11, 11 March 2015 sounds the death knell for Sidaway. The Supreme Court comprised of 7 Law Lords has now unequivocally said that Sidaway should not be followed in medical cases where consent is in issue. Allowing the appeal from the Scottish courts by a woman whose baby suffered shoulder dystocia in labour, the Supreme Court held that women have a right to information about ‘any material risk’ in order to make autonomous decisions about how to give birth.’

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No. 5 Chambers, 30th March 2015

Source: www.no5.com

Alison Young: R (Evans) v Attorney General [2015] UKSC 21 – the Anisminic of the 21st Century? – UK Constitutional Law Association

Posted April 2nd, 2015 in appeals, attorney general, constitutional law, disclosure, documents, freedom of information, judicial review, news, royal family, rule of law, Supreme Court, veto by sally

‘On Thursday 26th March the Supreme Court concluded, to the delight of The Guardian and the dismay of the Prime Minister, that communications between Prince Charles and government Ministers – the so-called ‘black spider memos’ – should be released. This has been a long saga, involving issues of freedom of information, discussion of constitutional conventions surrounding the behaviour of a Monarch in training, which now also includes the principle of legality and the nature of the relationship between parliamentary sovereignty and the rule of law. Such a cornucopia of delights for constitutional lawyers guarantees that the case has earned its place in the ‘Constitutional law Case list Hall of Fame’, with the promise of further delight as the memos, once released and savoured, cast an insight into the relationship between the Crown and the Government.’

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UK Constitutional Law Association, 31st March 2015

Source: www.ukconstitutionallaw.org

The Supreme Court on statelessness, EU citizenship and proportionality – UK Human Rights Blog

Posted April 2nd, 2015 in appeals, citizenship, EC law, human rights, news, proportionality, Supreme Court, treaties by sally

‘On first glance, this was not a judgment about human rights. It concerned the definition of statelessness under article 1(1) of the 1954 Convention Relating to the Status of Stateless Persons, and raised issues of competence and jurisdiction in relation to EU citizenship. Its specific interest for human rights lawyers lies primarily in the observations about the principle of proportionality; and in where the case, which most certainly does raise human rights issues, is likely to go next.

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

Untangling the spider’s web: Evans at the Supreme Court – Halsbury’s Law Exchange

Posted April 1st, 2015 in appeals, disclosure, documents, enforcement notices, freedom of information, government departments, media, news, public interest, royal family, Supreme Court by sally

‘On Friday, 27th March, the Supreme Court handed down a decision which will be as much of interest to public lawyers as information rights practitioners alike. Evans, a journalist for the Guardian newspaper utilised the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 to seek the disclosure of letters sent by Prince Charles to seven government departments between September 2004 and March 2005. The departments refused to disclose the letters (so-called “black spider” memos on account of the Prince’s handwriting) on the basis that they were exempt from doing so. In their view the letters represented private correspondence which effectively allowed the Prince to prepare for “kingship.” Evans subsequently complained to the Information Commissioner who upheld the refusal before appealing to the Information Tribunal. The Tribunal held that many of the letters should be disclosed as they constituted “advocacy correspondence.”’

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Halsbury’s Law Exchange, 31st March 2015

Source: www.halsburyslawexchange.co.uk

Solicitors’ client accounts: whose money is it anyway? – Hardwicke Chambers

Posted April 1st, 2015 in appeals, damages, insolvency, loans, news, solicitors by sally

‘If a potential defendant is insolvent, it is a matter of critical importance to the potential claimant if they are able to assert a proprietary right over money or goods as opposed to a mere personal claim for damages.’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

Posted April 1st, 2015 in advertising, appeals, compensation, consent, damages, data protection, human rights, internet, interpretation, jurisdiction, news, personal injuries by sally

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

Trials of journalists alleged to have paid money to public officials for private documents halted as CPS holds urgent review of its decision to prosecute – The Independent

Posted April 1st, 2015 in appeals, Crown Prosecution Service, documents, media, misfeasance in public office, news, prosecutions by sally

‘The first of the eight trials involving journalists alleged to have paid money to public officials for private documents and due to take place between now and September, has been adjourned at the Old Bailey.’

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The Independent, 31st March 2015

Source: www.independent.co.uk

Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

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RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

Regina v ABC and others; Regina v Sabey – WLR Daily

Posted March 31st, 2015 in appeals, conspiracy, crime, jury directions, law reports, misfeasance in public office by sally

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk