appeals – Page 213 – Current Awareness

Durrant Round 2: What to do when the court has refused to let you rely upon your evidence – Zenith PI Blog

Posted September 8th, 2014 in appeals, evidence, news, police, time limits, witnesses by sally

‘As you will remember, at the end of 2013 the CA refused to allow the Defendant to rely upon witness statements which had been served out of time. Therefore when the Claimant’s claim for damages for false imprisonment, assault, malicious prosecution, Breach of Article 3 and defamation came before the court in August 2014, the only statements read by the court were those provided by the Claimant, and the only live evidence came from the Claimant and one witness on her behalf. The court did, however, also view CCTV.’

Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

The public sector equality duty and priority need – NearlyLegal

Posted September 8th, 2014 in appeals, disability discrimination, equality, housing, inquiries, local government, mental health, news by sally

‘In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public sector equality duty added an additional obligation on housing officers when they came to consider whether an applicant had a priority need. As you will all know the public sector equality is an obligation placed on public authorities by s.149, Equality Act 2010 to have due regard to the need to eliminate discrimination, harassment, victimisation; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Broken down, when someone is disabled, the duty further requires an authority to have due regard to the need to take steps to take account of a person’s disability.’

NearlyLegal, 7th September 2014

Source: www.nearlylegal.co.uk

When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph

Posted September 5th, 2014 in appeals, criminal justice, DNA, evidence, expert witnesses, miscarriage of justice, news by tracey

‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘

Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

Dog lead mother Jacqueline Angrave jailed after appeal – BBC News

Posted September 3rd, 2014 in appeals, child abuse, child cruelty, mental health, news, psychiatric damage, sentencing by sally

‘A mother who walked her daughter to school on a dog lead during a “campaign of cruelty” has been jailed at the second time of asking.’

BBC News, 3rd September 2014

Source: www.bbc.co.uk

Exeter stabbing stalker in sentence appeal – BBC News

Posted September 2nd, 2014 in appeals, attempted murder, attempts, harassment, murder, news, sentencing by sally

‘A stalker who subjected a neighbour to a five-year campaign of intimidation before stabbing her is trying to have his life sentence for attempted murder overturned.’

BBC News, 2nd September 2014

Source: www.bbc.co.uk

FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog

Posted September 1st, 2014 in appeals, arbitration, compensation, complaints, financial services ombudsman, news by sally

‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’

Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk

Legal Update: disclosure, formats and context – Law Society’s Gazette

Posted September 1st, 2014 in appeals, children, disclosure, fire, freedom of information, internet, local government, news, privacy, tribunals by sally

‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’

Law Society’s Gazette, 1st September 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear key case on intentional homelessness – Local Government Lawyer

Posted August 29th, 2014 in appeals, homelessness, housing, local government, news, Supreme Court by tracey

‘The Supreme Court has given an appellant permission to appeal a Court of Appeal ruling over the relevant time for a council to consider whether her homelessness was intentional.’

Local Government Lawyer, 28th August 2014

Source: www.localgovernmentlawyer.co.uk

Victims’ right to review – could it affect the criminal justice system? – Halsbury’s Law Exchange

Posted August 28th, 2014 in appeals, criminal justice, Crown Prosecution Service, news, victims by sally

‘Several criminals have been found guilty after victims of crime successfully appealed against the CPS’ original decisions not to bring charges. What has been the effect of the introduction of the “right to review scheme”? And could it affect the criminal justice system?’

Halsbury’s Law Exchange, 28th August 2014

Source: www.halsburyslawexchange.co.uk

The perils of skiing, reduced bonuses and missed deadlines – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, law firms, negligence, news, time limits by sally

‘The High Court has recently revisited how loss of chance damages will be quantified in professional negligence claims.’

Commercial Disputes Blog, 26th August 2014

Source: www.rpc.co.uk

First-tier Tribunal holds that there is no taxable supply where there is no obligation on a subsidiary company which was receiving subsidiary services from the Group parent – Commercial Disputes Blog

Posted August 28th, 2014 in appeals, news, subsidiary companies, taxation, tribunals by sally

‘In Norseman Gold plc v HMRC[1] the First-tier Tribunal (Judge Colin Bishopp) (“FTT”) dismissed an appeal by Norseman Gold plc (“Norseman”) against assessments made pursuant to section 73 VATA 1994 to recover input tax which had been claimed by it, on the basis that as Norseman had not imposed a charge for its services to its subsidiary companies, there was no taxable supply, for which the company could recover the VAT incurred.’

Commercial Disputes Blog, 27th August 2014

Source: www.rpc.co.uk

Supreme Court refuses to hear litigant-in-person negligence appeal – Litigation Futures

Posted August 28th, 2014 in appeals, autism, litigants in person, negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court has refused to hear an appeal from a litigant in person who sued her solicitors for negligence and whose claim included the grounds that she suffered from Asperger’s Syndrome.’

Litigation Futures, 28th August 2014

Source: www.litigationfutures.com

Victim of trafficking can claim compensation despite illegal entry to UK – UK Human Rights Blog

Posted August 28th, 2014 in appeals, compensation, forced labour, illegality, immigration, news, Supreme Court, trafficking in human beings, victims by sally

‘The Supreme Court has ruled that victims may in some circumstance recover damages from their traffickers. Overturning the judgment of the Court of Appeal that the illegality of the underlying contract ruled out the claim for compensation, the majority held that to permit the trafficker to escape liability would be “an affront” to public policy. The judgment has far reaching implications in this area because, by its very nature, human trafficking often involves illegality.’

UK Human Rights Blog, 27th August 2014

Source: www.ukhumanrightsblog.com

EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

Posted August 27th, 2014 in appeals, compensation, constructive dismissal, contract of employment, electronic mail, employment, employment tribunals, human rights, news by sally

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

OUT-LAW.com, 27th August 2014

Source: www.out-law.com

Timing of a TUPE transfer determined by facts, not wishes or intentions of parties, says EAT – OUT-LAW.com

Posted August 26th, 2014 in appeals, employment, employment tribunals, news, transfer of undertakings, unfair dismissal by tracey

‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’

OUT-LAW.com, 22nd August 2014

Source: www.out-law.com

Additional travel time for transferred workers was not “substantial change” to their “material detriment” – OUT-LAW.com

Posted August 26th, 2014 in appeals, employment, employment tribunals, news, transfer of undertakings, transport, unfair dismissal by tracey

‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’

OUT-LAW.com, 26th August 2014

Source: www.out-law.com

Sentence given to killer of former girlfriend’s baby to be reviewed – The Guardian

Posted August 22nd, 2014 in appeals, causing death of children or vulnerable adults, homicide, news, sentencing by tracey

‘A nine-year jail term given to the killer of his then girlfriend’s baby will be reviewed by the court of appeal amid complaints the sentence was not long enough.’

The Guardian, 22nd August 2014

Source: www.guardian.co.uk

What’s in store for family migrants after the Court of Appeal decision in MM? – Halsbury’s Law Exchange

Posted August 20th, 2014 in appeals, families, human rights, immigration, news, public interest, remuneration by tracey

‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’

Halsbury’s Law Exchange, 19th August 2014

Source: www.halsburyslawexchange.co.uk

Judges could hear information rights tribunal cases on their own – OUT-LAW.com

Posted August 20th, 2014 in appeals, consultations, data protection, freedom of information, judiciary, news, tribunals by tracey

‘Judges could determine the outcome of some information rights tribunal cases on their own in future under just-published proposals.’

OUT-LAW.com, 19th August 2014

Source: www.out-law.com

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