Category: appeals

Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog

Posted October 13th, 2014 in appeals, consultations, news, statutory duty by sally

‘Deciding whether a given consultation process conducted prior to some administrative decision was or was not sufficiently unfair to warrant challenge is not an easy task. Three connected problems commonly arise:

(1) did the public body provide adequate information to enable properly informed consultation

(2) was the consultation at a formative stage of the decision-making process, so it was a real rather than sham process?

(3) did the consultation encompass sufficient alternatives?’

Full story

UK Human Rights Blog, 12th October 2014

Source: www.ukhumanrightsblog.com

Fathers 4 Justice couple lose injunction claim – The Independent

Posted October 13th, 2014 in appeals, costs, evidence, harassment, injunctions, news by sally

‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’

Full story

The Independent, 10th October 2014

Source: www.independent.co.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

Posted October 13th, 2014 in appeals, assisted suicide, closed material, divorce, EC law, environmental protection, euthanasia, financial dispute resolution, hearsay evidence, human rights, judges, judicial review, news, parliament, railways, statistics, Supreme Court by sally

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

Full story

The Independent, 12th October 2014

Source: www.independent.co.uk

Appeal court reserves judgment on Max Clifford’s appeal against sentence – The Guardian

Posted October 10th, 2014 in appeals, news, sentencing, sexual offences by sally

‘The appeal court has reserved judgment on an appeal by the publicist Max Clifford against the length of his eight-year jail sentence for sex offences.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

Full story

LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

Alfie Sullock death: Michael Pearce nine-year term stands – BBC News

Posted October 9th, 2014 in appeals, complaints, homicide, news, sentencing by sally

‘A nine-year jail sentence given to a man who killed his girlfriend’s six-week-old baby was not “unduly lenient”, appeal judges have ruled.’

Full story

BBC News, 8th October 2014

Source: www.bbc.co.uk

Exploitative gangmaster fined only £500 – The Independent

Posted October 9th, 2014 in appeals, fines, gangmasters, news, Northern Ireland, sentencing by sally

‘An illegal gangmaster who made Romanian workers scavenge in bins while charging them to live in an unheated shed has been fined just £500.’

Full story

The Independent, 8th October 2014

Source: www.independent.co.uk

Max Clifford set to appeal his eight year prison sentence for string of indecent assaults today – The Independent

Posted October 9th, 2014 in appeals, news, sentencing, sexual offences by sally

‘Max Clifford, the disgraced PR guru found guilty of a string of indecent assaults in May, it set to appeal his eight year prison sentence today.’

Full story

The Independent, 9th October 2014

Source: www.independent.co.uk

Top poker player Phil Ivey loses £7.7m court battle – BBC News

Posted October 9th, 2014 in appeals, gambling, news by sally

‘Professional poker player Phil Ivey has lost a High Court battle against the owners of a London casino over his £7.7m winnings.’

Full story

BBC News, 8th October 2014

Source: www.bbc.co.uk

Court of Appeal dismisses legal challenge to quality assurance scheme for advocates (QASA) – Bar Standards Board

Posted October 8th, 2014 in advocacy, appeals, judicial review, Legal Services Board, news, quality assurance by sally

‘An appeal against the High Court’s decision to dismiss a judicial review of the Quality Assurance Scheme for Advocates (QASA) has today been rejected, on all grounds, by the Court of Appeal.’

Full story

Bar Standards Board, 7th October 2014

Source: www.barstandardsboard.org.uk

Court of Appeal rejects all grounds of challenge to QASA – Local Government Lawyer

Posted October 8th, 2014 in advocacy, appeals, judicial review, Legal Services Board, news, quality assurance by sally

‘The Court of Appeal has today [7 October] rejected a challenge to the lawfulness of the Quality Assurance Scheme for Advocates (QASA).’

Full story

Local Government Lawyer, 7th October 2014

Source: www.localgovernemtnlawyer.co.uk

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 7th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWHC 2476 (Admin); [2014] WLR (D) 406

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

IPCC’s ‘plebgate’ decision quashed by High Court – BBC News

Posted October 7th, 2014 in appeals, complaints, news, police, professional conduct by sally

‘The police watchdog’s decision to reinvestigate three officers at the centre of the “plebgate” row is flawed and must be retaken, judges have ruled.’

Full story

BBC News, 6th October 2014

Source: www.bbc.co.uk

Finance & Divorce Update – Family Law Week

Posted October 6th, 2014 in appeals, child support, children, costs, dispute resolution, divorce, family courts, financial dispute resolution, financial provision, news, statistics by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

Full story

Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk

The costs of rectification – Law Society’s Gazette

Posted October 6th, 2014 in appeals, costs, drafting, intestacy, negligence, news, rectification, solicitors, Supreme Court, wills by sally

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

Full story

Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

Full story

Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

Relief from sanctions- Some further guidance – Zenith PI Blog

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, news by sally

‘How should we approach applications for relief from sanctions made by the other side? Elliot Kay considers a recent and useful decision of the High Court.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Guildford Four: An innocent man’s letters from jail – BBC News

Posted October 6th, 2014 in appeals, Ireland, news, police, prisons, prosecutions, terrorism by sally

‘In October 1989, the Guildford Four were released from jail. Their convictions for blowing up two pubs in the Surrey town during an IRA bombing campaign had been quashed.’

Full story

BBC News, 4th October 2014

Source: www.bbc.co.uk

Woman has sentence increased for sexual activity with 14-year-old boy – The Guardian

Posted October 3rd, 2014 in appeals, children, news, sentencing, sexual offences, suspended sentences by tracey

‘A woman who engaged in sexual activity with a 14-year-old boy after a drunken night out has been jailed by leading judges who overturned her “unduly lenient” non-custodial sentence.’

Full story

The Guardian, 3rd October 2014

Source: www.guardian.co.uk