‘The Court of Appeal has hit out forcefully at unnecessarily long bundles and skeleton arguments that are anything but.’
Litigation Futures, 15th July 2014
Source: www.litigationfutures.com
Smithton Ltd v Naggar; [2014] EWCA Civ 939; [2014] WLR (D) 306
‘The Court of Appeal set out points of general practical importance in determining whether a person was a de facto director.’
WLR Dail, 10th July 2014
Source: www.iclr.co.uk
‘When applied to either recognised refugees or British citizens, Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance being granted to a party to a marriage where the income of the sponsor did meet the minimum threshold, was not a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily 11th July 2014
Source: www.iclr.co.uk
‘A contractor (the respondent) to which building work had been subcontracted which it had in turn subcontracted to another contractor (the appellant) which undertook to indemnify the respondent against liability for the appellant’s negligence was not prevented by its own negligence from enforcing the indemnity clause.’
WLR Daily, 11th July 2014
Source: www.iclr.co.uk
‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’
Family Law Week, 11th July 2014
Source: www.familylawweek.co.uk
‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’
OUT-LAW.com, 11th July 2014
Source: www.out-law.com
‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’
Law Society’s Gazette, 14th July 2014
Source: www.lawgazette.co.uk
‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’
The Guardian, 11th July 2014
Source: www.guardian.co.uk
‘A dead estate agent’s girlfriend found guilty of using a forged will to stop his estranged wife inheriting his £3m fortune has had her conviction quashed.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
‘In this successful appeal against care and placement orders in respect of a young infant with Polish parents, the Court of Appeal were sharply critical of comments made by the first instance judge which made it clear he had closed his mind at an early stage to the possibility of the baby being looked after by her grandparents in Poland. The Court held that both the judge and the local authority had failed to give sufficient weight to their positive obligation under Article 8 to consider ways of retaining a child within the family.’
UK Human Rights Blog, 10th July 2014
Source: www.ukhumanrightsblog.com
‘The Court of Appeal is to hear a disciplinary case which led to the Bar Standards Board being accused by Lord Justice Moses of “misleading conduct”.’
Legal Futures, 10th July 2014
Source: www.legalfutures.co.uk
‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’
OUT-LAW.com, 8th July 2014
Source: www.out-law.com
‘The mother of Mark Duggan, whose fatal shooting by police in London sparked nationwide riots, is challenging an inquest verdict of lawful killing.’
The Guardian, 9th July 2014
Source: www.guardian.co.uk
‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’
OUT-LAW.com, 8th July 2014
Source: www.out-law.com
Skraba v Regional Court in Nowy Sacz, Poland: [2014] EWHC 2193 (Admin); [2014] WLR (D) 292
‘Section 60(3) of the Extradition Act 2003 gave the High Court power, having dismissed an appeal against an extradition order, to review and, where considered appropriate, to vary any costs order made against the requested person by the first instance court under section 60(1)(a) of the Act.’
WLR Daily, 3rd July 2014
Source: www.iclr.co.uk
Churngold Recycling Ltd v Environment Agency: [2014] EWCA Civ 909: [2014] WLR (D) 295
“Electronically stored information, as opposed to the media upon which it was stored, was intangible and not a chattel and could not be “goods” for the purposes of the Torts (Interference with Goods) Act 1977. It was accordingly not capable of being wrongfully interfered with so as to constitute the tort of conversion.’
WLR Daily, 4th July 2014
Source: www.iclr.co.uk
‘Michael Jones, barrister, of 15 Winckley Square Chambers considers the lessons to be learned from Re DE (A Child) when care plans provide for placements at home with the family.’
Family Law Week, 7th July 2014
Source: www.familylawweek.co.uk
‘The Mitchell ruling has been “misunderstood and is being misapplied by some courts”, the Master of the Rolls said today in issuing more detailed guidance on how it should be used – while also recognising that some of the language used in Mitchell may have contributed to the problems.’
Litigation Futures, 4th July 2014
Source: www.litigationfutures.com
The Upper Tribunal has again found itself considering the issue of Rent Repayment Orders and has provided some further enlightenment on its position after the case of Parker v Waller.
NearlyLegal, 6th July 2014
Source: www.nearlylegal.co.uk
‘At the end of May, the High Court ruled that the reduction in Housing Benefit under Regulation B13 of Housing Benefit (Amendment) Regulations – commonly dubbed “the bedroom tax” – did not unlawfully discriminate against a family with a disabled child requiring an additional bedroom for overnight careers because the shortfall was covered by discretionary housing payments.’
UK Human Rights Blog, 4th July 2014
Source: www.ukhumanrightsblog.com
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