Category: appeals

Extensions of Time to File Notices of Appeal and Relief from Sanctions: R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson – Zenith PI Blog

Posted December 17th, 2014 in appeals, citizenship, civil procedure rules, delay, internet, legal representation, litigants in person, news, time limits by sally

‘CPR r.3.9 rears its growling head again…but a more robust approach, nevertheless, should not be taken as encouragement to refuse reasonable extensions of time or to seek tactical advantage in every minor default.’

Full story

Zenith PI Blog, 17th December 2014

Source: www.zenithpi.wordpress.com

Failed London 21/7 suicide bombers lose appeal – The Guardian

Posted December 16th, 2014 in appeals, explosives, human rights, news, suicide, terrorism, trials by sally

‘Three men who attempted to carry out suicide bombings on the London Underground in July 2005 have failed to overturn their convictions. The European court of human rights ruled that Muktar Said Ibrahim, Ramzi Mohammed and Yassin Omar received a fair trial. The men, who are Somali nationals, had complained that there had been a delay in allowing them access to a solicitor.’

Full story

The Guardian, 16th December 2014

Source: www.guardian.co.uk

Jimmy Savile victims’ compensation scheme approved by appeal court – The Guardian

Posted December 16th, 2014 in appeals, compensation, news, sexual offences, victims by sally

‘The court of appeal has upheld a compensation scheme set up for scores of women who say they were sexually abused by Jimmy Savile, paving the way for claims to go ahead.’

Full story

The Guardian, 16th December 2014

Source: www.guardian.co.uk

Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by sally

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

Full story

Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

Jordan Begley death: Media can name Taser officers after 2 February – BBC News

Posted December 16th, 2014 in anonymity, appeals, firearms, inquests, news, police by sally

‘Five police officers who wanted anonymity at an inquest into a man shot with a Taser will be named unless they win an appeal, a coroner has ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Legal aid immigration case guidance ‘unlawful’ – BBC News

Posted December 15th, 2014 in appeals, budgets, civil justice, immigration, legal aid, news by sally

‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com

Posted December 15th, 2014 in appeals, civil procedure rules, delay, disciplinary procedures, interpretation, news by sally

‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’

Full story

OUT-LAW.com, 15th December 2014

Source: www.out-law.com

Suspending belief – Nearly Legal

Posted December 15th, 2014 in appeals, equity, land registration, landlord & tenant, mortgages, news, Supreme Court by sally

‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk

Conscious Re-coupling and Succession – Nearly Legal

Posted December 15th, 2014 in appeals, cohabitation, delay, housing, human rights, judicial review, landlord & tenant, local government, news by sally

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer

Posted December 15th, 2014 in appeals, consultations, housing, landlord & tenant, licensing, local government, news by sally

‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’

Full story

Local Government Lawyer, 12th December 2014

Source: www.localgovernmentlawyer.co.uk

Chai v Peng Undermining the purpose of “forum conveniens?” – Family Law Week

Posted December 15th, 2014 in abuse of process, appeals, divorce, estoppel, jurisdiction, news, stay of proceedings by sally

‘Tim Scott QC, Peter Duckworth and James Pullen, all of 29 Bedford Row who represented Dr Kay Peng Khoo in Chai v Peng, analyse the proceedings to date.’

Full story

Family Law Week, 11th December 2014

Source: www.familylawweek.co.uk

Tribunal adopts a literal interpretation of the provisions in allowing the taxpayer’s appeal – RPC Tax Take

Posted December 12th, 2014 in appeals, income tax, news, shareholders, tax avoidance, tax credits by sally

‘In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.’

Full story

RPC Tax Take, 11th December 2014

Source: www.rpc.co.uk

Free Movement of Doctors in the NHS – Littleton Chambers

Posted December 11th, 2014 in appeals, doctors, EC law, employment tribunals, freedom of movement, health, news by sally

‘In Kapenova v. Department of Health [2014] ICR 884, the first case of its kind in the health sector, the EAT has held that an entry criterion for the two year Foundation Programme for medicine graduates is a justified infringement of EU free movement rights. Kapenova demonstrates that: (i) a claim for unjustified infringement of free movement rights can be pursued as a claim for indirect nationality discrimination under the Equality Act 2010 before the Employment Tribunal, and; (ii) the approach to the justification defence under EU law and domestic law is the same.’

Full story

Littleton Chambers, 11th December 2014

Source: www.littletonchambers.com

Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

Posted December 11th, 2014 in appeals, compensation, employment tribunals, holiday pay, news, remuneration, working time by sally

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

Full story

Cloisters, 7th December 2014

Source: www.cloisters.com

A stunning decision on litigation costs: Coventry v Lawrence – Legal Week

Posted December 11th, 2014 in appeals, costs, human rights, news, Supreme Court by sally

‘In a stunning decision, the Supreme Court has given an indication that the pre-Jackson costs regime may breach the rights of paying parties under the European Convention of Human Rights. The issue has the potential to affect all agreements signed under the pre-April 2013 costs regime.’

Full story

Legal Week, 11th December 2014

Source: www.legalweek.com

R (on applications of Haney, Kaiyam, Massey and Robinson) v The Secretary of State for Justice – Supreme Court

Posted December 11th, 2014 in appeals, damages, human rights, law reports, rehabilitation, sentencing, Supreme Court by sally

R (on the application of Faisal Kaiyam) (Appellant) v Secretary of State for Justice (Respondent)
On appeal from the Court of Appeal (Civil Division) (England and Wales) [2014] UKSC 66 (YouTube)

Supreme Court, 10th December 2014

Source: www.youtube.com/user/UKSupremeCourt

The costs of intervening – Competition Bulletin from Blackstone Chambers

Posted December 11th, 2014 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘There is an interesting little point on costs buried away in last week’s decision in the “Ethernet” disputes in the Competition Appeal Tribunal (see BT plc v Cable & Wireless Worldwide Plc and others [2014] CAT 20).’

Full story

Competition Bulletin from Blackstone Chambers, 11th December 2014

Source: www.competitionbulletin.com

Supreme Court to hear challenge to key test on homelessness and vulnerability – Local Government Lawyer

Posted December 11th, 2014 in appeals, disabled persons, drug abuse, homelessness, learning difficulties, local government, news, Supreme Court by sally

‘The Supreme Court will next week hear three cases where homeless applicants for housing assistance are seeking to challenge the Pereira test of vulnerability.’

Full story

Local Government Lawyer, 11th December 2014

Source: www.localgovernmentlawyer.co.uk

‘Very dangerous’ paedophile released over ‘unlawful’ sentence – Daily Telegraph

Posted December 10th, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Jeffrey Charles Goodwyn, who has previous for raping a nine-year-old, is released on appeal from sentence for sexually assaulting girl, 7.’

Full story

Daily Telegraph, 9th December 2014

Source: www.telegraph.co.uk

Men who groom vulnerable young girls will be dealt with ‘severely’, judge says – The Guardian

Posted December 10th, 2014 in appeals, child abuse, news, police, rape, sentencing, sexual grooming, sexual offences, social services by sally

‘The most senior judge in England and Wales today said men who prey on vulnerable young girls for sex will be dealt with “severely”, as he dismissed appeals from four paedophile groomers.’

Full story

The Guardian, 9th December 2014

Source: www.guardian.co.uk