Category: appeals

Fathers Without PR – Where Do They Stand? Re S (A Child) [2023] Civ 706 – Pump Court Chambers

Posted January 3rd, 2024 in appeals, chambers articles, children, families, news, parental responsibility by sally

‘As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child. They are, however, entitled to be given notice of the proceedings and if they wish to be involved are invited to make an application for joinder which is usually granted without opposition.’

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Pump Court Chambers, 3rd November 2023

Source: www.pumpcourtchambers.com

Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog

Posted January 3rd, 2024 in appeals, causation, chambers articles, cross-examination, damages, evidence, expert witnesses, holidays, news, personal injuries, Supreme Court by sally

‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’

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UK Human Rights Blog, 3rd January 2024

Source: ukhumanrightsblog.com

Griffiths v TUI [2023] UKSC 48: The Supreme Court unanimously agrees with MC Hammer – “U can’t touch this” – St John’s Chambers

Posted January 3rd, 2024 in appeals, causation, chambers articles, cross-examination, damages, evidence, expert witnesses, hospitals, news, personal injuries, Supreme Court by sally

‘The Supreme Court today handed down its long-awaited judgment in the case of Griffths v TUI [2023] UKSC 48. It is a thorough, important, and helpful statement (or, depending on one’s view, re-statement) of the laws and rules of evidence, what must be put to a witness before that evidence can be challenged in closing submissions, and the limits on any Judge’s power to dismiss relevant evidence which has not been challenged (or challenged sufficiently) at trial. At the heart of the judgment is the Court’s assessment of what it means for the parties to have a fair trial.’

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St John's Chambers, 29th November 2023

Source: www.stjohnschambers.co.uk

Black man shot with stun gun by London police allowed to appeal in damages case – The Guardian

Posted January 2nd, 2024 in appeals, London, news, police, road traffic, stop and search, weapons by sally

‘A black youth worker who was standing with his arms folded when he was shot with a stun gun by officers during a traffic stop has been given permission to appeal over a lost claim for damages against City of London police.’

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The Guardian, 1st January 2024

Source: www.theguardian.com

Sizewell C nuclear plant project upheld by Court of Appeal – BBC News

Posted December 21st, 2023 in appeals, energy, environmental health, environmental protection, government departments, news, planning by sally

‘Government approval of the planned Sizewell C nuclear plant was lawful, the Court of Appeal has ruled.’

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BBC News, 20th December 2023

Source: www.bbc.co.uk

AI cannot be an inventor under UK patent law, rules Supreme Court – OUT-LAW.com

Posted December 21st, 2023 in appeals, artificial intelligence, intellectual property, news, patents, statutory interpretation by sally

‘Artificial intelligence (AI) systems cannot be the owner of, nor be transferred, patent rights in the UK, the Supreme Court has ruled.’

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OUT-LAW.com, 20th December 2023

Source: www.pinsentmasons.com

Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog

Posted December 20th, 2023 in appeals, chambers articles, compensation, health, health & safety, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’

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International & Travel Law Blog, 29th November 2023

Source: internationalandtravellawblog.com

A case commentary from Jonathan Holsgrove: Marriage and beneficial interests in POCA – R v Thompson – Park Square Barristers

Posted December 20th, 2023 in appeals, chambers articles, confiscation, interest, married persons, news, proceeds of crime by sally

‘R v Thompson [2023] EWCA Crim 1244, saw the Court of Appeal deal with the issue of how to approach beneficial interests in property where the property is in the sole name of a defendant’s spouse.’

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Park Square Barristers, 14th November 2023

Source: www.parksquarebarristers.co.uk

Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers

Posted December 20th, 2023 in appeals, causation, compensation, expert witnesses, food hygiene, holidays, news, Supreme Court by sally

‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’

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Ropewalk Chambers, 30th November 2023

Source: ropewalk.co.uk

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 20th, 2023 in appeals, human rights, injunctions, local government, news, Supreme Court, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world”.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

Canada Square Operations Ltd v Potter [2023] UKSC 41 – New Square Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, Supreme Court, time limits by sally

‘In 2006 Mrs Potter entered into a credit agreement (under the Consumer Credit Act 1974) with Canada Square. She borrowed c.£21K, being a loan of £17K and a PPI premium of £4K (arranged for her by Canada Square). c.£200 was paid to the insurer, with 95% of the premium going to Canada Square, who did not tell Mrs Potter about the commission.’

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New Square Chambers, 16th November 2023

Source: www.newsquarechambers.co.uk

Alerter by Thomas Samuels & Thomas Mallon – Canada Square Operations v Potter [2023] UKSC 41 – Henderson Chambers

Posted December 20th, 2023 in appeals, chambers articles, compensation, disclosure, limitations, loans, news, time limits by sally

‘In upholding the Court of Appeal’s outcome, the Supreme Court has fundamentally reformulated the approach to s.32 of the Limitation Act 1980.’

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Henderson Chambers, 17th November 2023

Source: www.hendersonchambers.co.uk

Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’

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UKSC Blog, 19th December 2023

Source: ukscblog.com

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

Posted December 20th, 2023 in appeals, chambers articles, dispute resolution, housing, local government, news, stay of proceedings by sally

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk

How UK law on adjudication looks heading into 2024 – OUT-LAW.com

Posted December 15th, 2023 in appeals, construction industry, contracts, dispute resolution, news by sally

‘Construction companies that encounter disputes in 2024 can learn lessons from case law established in 2023 concerning the operation of so-called serial adjudications and when an adjudicator’s decision might breach principles of natural justice.’

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OUT-LAW.com, 14th December 2023

Source: www.pinsentmasons.com

Government offers hope of full PACCAR solution in the future – Legal Futures

Posted December 15th, 2023 in appeals, bills, class actions, competition, consumer protection, damages, news, Supreme Court, third parties, tribunals by sally

‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’

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Legal Futures, 15th December 2023

Source: www.legalfutures.co.uk

Woman who used nine ‘fabricated’ AI cases in court loses appeal – The Indepdendent

Posted December 15th, 2023 in appeals, artificial intelligence, capital gains tax, HM Revenue & Customs, news, taxation by sally

‘A woman who used nine “fabricated” ChatGPT cases to appeal against a penalty for capital gains tax has had her case rejected by a court.’

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The Independent, 14th December 2023

Source: www.independent.co.uk

Miscarriage of justice watchdog reviews murder conviction of ex-MI6 informant – The Guardian

Posted December 15th, 2023 in appeals, Criminal Cases Review Commission, DNA, forensic science, imprisonment, intelligence services, miscarriage of justice, murder, news, sentencing by sally

‘Criminal Cases Review Commission re-examines case of Wang Yam, who was convicted of 2006 murder of Allan Chappelow in London.’

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The Guardian, 14th December 2023

Source: www.theguardian.com