Spousal Maintenance: How appealing is an appeal? Appeal Cost consequences explored – Zenith Chambers

Posted September 24th, 2014 in appeals, costs, families, married persons, news by sally

‘In H v W [2014] EWHC 2846 (Fam) Eleanor King J revisited the issue of costs.’

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Zenith Chambers, 22nd September 2014

Source: www.zenithchambers.co.uk

Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

Criminals could appeal after Home Office admits potentially misleading DNA evidence presented to juries – Daily Telegraph

Posted September 24th, 2014 in appeals, crime, crime prevention, DNA, juries, news by sally

‘Forensic expert Peter Gill, who raised the issue with the Home Office in April said the recognition that subjective interpretations of DNA evidence were potentially biased and unscientific and could lead to a number of appeals.’

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Daily Telegraph, 23rd September 2014

Source: www.telegraph.co.uk

Children: Private Law Update – Family Law Week

‘Alex Verdan QC of 4 Paper Buildings considers recent judgments in private law children cases, including the President’s judgment on legal aid funding in Q v Q.’

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Family Law Week, 19th September 2014

Source: www.familylawweek.co.uk

Supreme Court forces barristers to waive success fees – Litigation Futures

Posted September 22nd, 2014 in appeals, barristers, costs, fees, news, solicitors, Supreme Court, wills by sally

‘The president of the Supreme Court has taken the “fairly remarkable” course of forcing two barristers into dropping their claims to success fees in a case which he said again highlighted the “many unsatisfactory aspects” of the pre-Jackson CFA regime.’

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Litigation Futures, 18th September 2014

Source: www.litigationfutures.com

Drivers may be able to reclaim millions in unfair parking fines – The Independent

‘Motorists could demand the refund of more than £100m in parking fines, after what experts described as an “explosive” tribunal ruling left local government traffic officials in “absolute panic”.’

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The Independent, 21st September 2014

Source: www.independent.co.uk

Supreme Court clarifies continuing police disclosure obligations – RPC Privacy Law

‘The recent Supreme Court judgment in the case of R (on the application of Nunn) v Chief Constable of Suffolk Constabulary and another sheds further light on the continuing duty of the police and the Crown Prosecution Service to disclose information in criminal cases post-conviction.’

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RPC Privacy Law, 19th September 2014

Source: www.rpc.co.uk

Insurer to bear costs of mirror wills mix-up – Law Society’s Gazette

Posted September 19th, 2014 in appeals, costs, insurance, mistake, news, rectification, solicitors, Supreme Court, wills by sally

‘The Supreme Court today ordered a solicitor’s insurer to pay the bulk of both parties’ costs over a wills dispute arising when a married couple each signed the wrong draft of a will.’

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Law Society’s Gazette, 18th September 2014

Source: www.lawgazette.co.uk

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted September 18th, 2014 in appeals, consumer protection, contracts, law reports, Supreme Court by sally

Swift (trading as A Swift Move) v Robertson: [2014] UKSC 50; [2014] WLR (D) 396

‘A failure by a trader to give written notice of the right to cancel a contract for the supply of goods or services made during a visit to a consumer’s home did not deprive the consumer of his right to cancel the contract pursuant to regulation 7(1) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

Max Clifford appeals against 8-year prison sentence for indecent assaults – The Guardian

Posted September 18th, 2014 in appeals, news, sentencing, sexual offences by sally

‘Disgraced PR guru Max Clifford has launched an appeal against his eight-year prison sentence. The 71-year-old was convicted in May of eight counts of indecent assaults on four women, carried out between 1977 and 1984.’

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The Guardian, 17th September 2014

Source: www.guardian.co.uk

Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by sally

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

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Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

SAS selection deaths: inquest delayed until 2015 – BBC News

Posted September 16th, 2014 in appeals, armed forces, Crown Prosecution Service, delay, homicide, inquests, negligence, news by sally

‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’

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BBC News, 16th September 2014

Source: www.bbc.co.uk

Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

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UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

Fraud divorce case goes to Supreme Court – Law Society’s Gazette

‘The ex-wife of a businessman who claims her former husband cheated her out of millions in their divorce settlement has won the right to take her case to the Supreme Court.’

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Law Society’s Gazette, 5th September 2014

Source: www.lawgazette.co.uk

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.’

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Zenith PI Blog, 5th September 2014

Source: www.zenithpi.wordpress.com

The public sector equality duty and priority need – NearlyLegal

‘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.’

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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 sally

‘“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.” ‘

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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.’

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BBC News, 3rd September 2014

Source: www.bbc.co.uk