appeals – Page 247 – Current Awareness

A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Curtains for the French Blocking Statute? – Competition Bulletin from Blackstone Chambers

Posted November 5th, 2013 in appeals, competition, disclosure, foreign jurisdictions, news by sally

“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”

Full story

Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Supreme Court weighs in on patient’s best interests and the meaning of futility – UK Human Rights Blog

Posted November 4th, 2013 in appeals, hospitals, medical treatment, mental health, news by sally

“The Supreme Court has given judgment in the first case to come before it under the Mental Capacity Act 2005. The sole judgment was given by Lady Hale (Deputy President of the Court), with whom Lord Neuberger, Lord Clarke, Lord Carnwath and Lord Hughes.”

Full story

UK Human Rights Blog, 3rd November 2013

Source: www.ukhumanrightsblog.com

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted November 1st, 2013 in appeals, benefits, employment, forced labour, law reports, social security, Supreme Court by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Don’t ignore the Court of Appeal – NearlyLegal

Posted November 1st, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”

Full story

NearlyLegal, 31st October 2013

Source: www.nearlylegal.co.uk

Court of Appeal broadcasters must learn the Supreme Court lessons – UK Human Rights Blog

Posted November 1st, 2013 in appeals, courts, media, news, Supreme Court by sally

“TV cameras are recording Court of Appeal hearings from today. The BBC, ITN, Sky News and the Press Association are cooperating on the project, and have hired an in-court video-journalist who will recommend the most interesting cases.”

Full story

UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

Naked rambler loses high court appeal against public order conviction – The Guardian

Posted November 1st, 2013 in appeals, freedom of expression, human rights, news, public order by sally

“A man known as the ‘naked rambler’ has lost a high court challenge against a conviction for violating public order when he walked through a town centre wearing only walking boots, socks and a hat.”

Full story

The Guardian, 31st October 2013

Source: www.guardian.co.uk

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, benefits, employment, forced labour, human rights, law reports, social security, Supreme Court by michael

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, hospitals, law reports, medical treatment, mental health, Supreme Court by michael

Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) [2013] UKSC 67 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted October 31st, 2013 in appeals, evidence, judicial review, law reports, ministers' powers and duties, terrorism, torture, United Nations by michael

Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 1302 ; [2013] WLR (D) 412

“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”

WLR Daily, 29th October 2013

Source: www.iclr.co.uk

Press regulation royal charter given go-ahead by the Queen – The Guardian

Posted October 31st, 2013 in appeals, charters, media, news, Privy Council by michael

“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

Televising of court of appeal proceedings starts this week – The Guardian

Posted October 31st, 2013 in appeals, courts, media, news, trials by michael

“Proceedings in the court of appeal are due to be televised from Thursday [31st October], casting aside decades of judicial suspicion about the impact of cameras in the courtroom.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk

Government fail to overturn Poundland work scheme ruling – BBC News

Posted October 31st, 2013 in appeals, employment, human rights, news, social security, Supreme Court by michael

“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”

Full story

BBC News, 30th October 2013

Source: www.bbc.co.uk

Breathing a sigh of relief…? – Zenith Chambers

Posted October 30th, 2013 in appeals, civil procedure rules, costs, enforcement, news, practice directions by sally

“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers

Posted October 30th, 2013 in accidents, appeals, conspiracy, consultations, fraud, insurance, news, road traffic, sentencing by sally

“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”

Full story

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

In Too Deep – Zenith Chambers

Posted October 30th, 2013 in appeals, compensation, duty of care, health & safety, local government, news, personal injuries, school children, Supreme Court by sally

“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Mediation: No duty to put meat on the bones – Hardwicke Chambers

Posted October 30th, 2013 in appeals, dispute resolution, duty of care, news, solicitors by sally

“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”

Full story

Hardwicke Chambers, 17th October 2013

Source: www.hardwicke.co.uk

Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings

Posted October 30th, 2013 in appeals, costs, dispute resolution, news, penalties by sally

“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”

Full story (PDF)

11 Stone Buildings, October 2013

Source: www.11sb.com