Sickness benefits legal challenge to continue – BBC News

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Court to rule on wheelchairs or pushchairs to have priority on public transport – Daily Telegraph

Posted December 5th, 2013 in appeals, children, disabled persons, news, transport by sally

‘One of the most senior judges in Britain has ruled that the Appeal Court needs to intervene in a long running dispute over whether wheelchair users or pushchair users should have priority on buses’

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Daily Telegraph, 4th December 2013

Source: www.telegraph.co.uk

Juror jailed for contempt for using internet takes case to Europe – BBC News

Posted December 5th, 2013 in appeals, contempt of court, human rights, imprisonment, internet, juries, news, sentencing by sally

‘A Luton juror, who was jailed for contempt of court after carrying out research on the internet during a trial, is taking her case to Europe.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

Judges to rule on naming Royal Marine convicted of killing Afghan insurgent – The Guardian

Posted December 5th, 2013 in anonymity, appeals, armed forces, courts martial, murder, news by sally

‘Three of the UK’s most senior judges are to rule on Thursday over whether the Royal Marine found guilty of murdering a wounded Afghan insurgent should be named in a case that has major implications for the principle of open justice.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent

‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’

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The Independent, 3rd December 2013

Source: www.independent.co.uk

David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’

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Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Court of Appeal clarifies “lawsuits pending” in Art 32 of EC Directive 2001/24 on Reorganisation and Winding Up of Credit Institutions – 11 Stone Buildings

Posted December 3rd, 2013 in appeals, EC law, foreign jurisdictions, insolvency, news, winding up by sally

‘In a judgment handed down today (Isis Investments Ltd v Kaupthing Bank h.f. & Elfar Adalsteinsson [2013] EWCA Civ 1493), the Court of Appeal has clarified the meaning and scope of “lawsuits pending” in Article 32 of the EC Directive on the Reorganisation and Winding Up of Credit Institutions (Directive 2001/24/EC). Charles Samek QC who acted for the successful respondent, Mr Adalsteinsson (acting as a representative party on behalf of high net-worth investors) explains the significance of the judgment.’

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11 Stone Buildings, 27th November 2013

Source: www.11sb.com

Bloy and another v Motor Insurers’ Bureau – WLR Daily

Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464

‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

Mairead Philpott loses appeal against 17-year sentence for manslaughter – The Guardian

‘Mairead Philpott has had her 17-year prison sentence for killing her six children in a house fire in Derby upheld by the court of appeal.’

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The Guardian, 29th November 2013

Source: www.guardian.co.uk

Isis Investments Ltd v Oscatello Investments Ltd and others – WLR Daily

Posted November 29th, 2013 in appeals, banking, conflict of interest, EC law, jurisdiction, law reports by sally

Isis Investments Ltd v Oscatello Investments Ltd and others [2013] EWCA Civ 1493; [2013] WLR (D) 459

“Articles 10(2)(e) and 32 of Council Directive 2001/24/EC required a careful construction of the phrases ‘lawsuits pending’ and ‘pending lawsuit’ if one were to rely on the provisions in order to permit a departure from the general principle contained within article 10(1) that a credit institution should be wound up in accordance with the laws of its home member state.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Bull and another (Appellants) v Hall and another (Respondents) On Appeal from the Court of Appeal (Civil Division) (England and Wales) – Supreme Court

Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 | UKSC 2012/0065 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Mairead Philpott appeals against length of sentence for killing children – The Guardian

Posted November 29th, 2013 in appeals, homicide, media, news, sentencing by sally

“A woman jailed for 17 years for killing her six children in a house fire is to launch another attempt to challenge the length of her sentence.”

Full story

The Guardian, 29th November 2013

Source: www.guardian.co.uk

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by tracey

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

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OUT-LAW.com, 28th November 2013

Source: www.out-law.com

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by tracey

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Preddy v Bull and another; Hall v Same – WLR Daily

Preddy v Bull and another; Hall v Same: [2013] UKSC 73;   [2013] WLR (D)  454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk