Children: Private Law update (August 2013) – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers several recent judgments in Children private law proceedings which provide practitioners with helpful guidance.”

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Family Law Week, 15th August 2013

Source: www.familylawweek.co.uk

Re B (A Child): Who Held What in the Supreme Court? – Family Law Week

Posted August 19th, 2013 in appeals, children, judgments, news, Supreme Court by tracey

“Frank Feehan QC  and Anna McKenna who appeared for the appellant in the Supreme Court and Justin Leslie offer a tabular summary of the findings of the individual Justices on key issues in the appeal.”

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Family Law Week, 16th August 2013

Source: www.familylawweek.co.uk

The terrorist we can’t deport because of his human rights – Daily Telegraph

Posted August 16th, 2013 in appeals, asylum, deportation, human rights, news, terrorism by tracey

“Ministers are powerless to deport a convicted foreign terrorist who has lived in Britain for 12 years even though he has lost a long-running legal battle for refugee status.”

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Daily Telegraph, 15th August 2013

Source: www.telegraph.co.uk

Victims of crime to be given a voice and challenge police – Daily Telegraph

Posted August 14th, 2013 in appeals, cautions, domestic violence, magistrates, news, police, sexual offences, victims by sally

“Victims of crime could get the right to challenge police who let criminals off with a ‘slap on the wrist’, under Government proposals being unveiled today.”

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Daily Telegraph, 14th August 2013

Source: www.telegraph.co.uk

Court of Appeal backs tenant forced to move out for years of repairs – Local Government Lawyer

Posted August 12th, 2013 in agreements, appeals, housing, landlord & tenant, local government, news, repairs by sally

“A woman who moved out from her flat while a local authority carried out repairs still held her tenancy eight years later, the Court of Appeal has ruled.”

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Local Government Lawyer, 12th August 2013

Source: www.localgovernmentlawyer.co.uk

SAS sniper Danny Nightingale appeals against sentence – The Guardian

“The former SAS sniper Danny Nightingale is to appeal against his conviction for illegally possessing a gun and ammunition.”

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The Guardian, 7th August 2013

Source: www.guardian.co.uk

Father’s rights severely curtailed; James Hargen comments on PM v MB – Sovereign Chambers

Posted August 6th, 2013 in appeals, contact orders, news, parental responsibility, parental rights by sally

“On 31st July the Court of Appeal delivered a reserved judgement in the case of PM –v- MB & anr [2013] EWCA Civ 969, in which the Father of the child concerned sought to appeal a County Court decision refusing him parental responsibility, allowing indirect email contact only, and, section 91(14) CA ’89, prohibiting any further application by him without leave for a period of two years.”

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Sovereign Chambers, 5th August 2013

Source: www.sovereignchambers.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others (No 2) [2013] EWCA Civ 968; [2013] WLR (D) 333

“The knowledge of a fraud perpetrated by a director by means of a company was not to be attributed to that company when it sought to recover losses which the company itself had suffered as a result of the fraud, even where the director was the sole director and shareholder of the company. In those circumstances the director could not rely on the maxim ex turpi causa non oritur actio to defeat the claim.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another – WLR Daily

Posted August 6th, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Co Ltd v WR Berkley Insurance (Europe) Ltd and another [2013] UKSC 57; [2013] WLR (D) 332

“An insurer could not choose the order in which claims made by an insured exhausted layers of insurance cover under a programme of professional liability insurance.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Fox v British Airways plc – WLR Daily

Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330

“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Banks win mis-selling case at appeal court – Law Society’s Gazette

Posted August 5th, 2013 in appeals, banking, consumer protection, financial advice, interest, news by sally

“The Court of Appeal has dealt a blow to businesses bringing claims against banks for allegedly mis-selling interest rate swaps products by dismissing a claim against the Royal Bank of Scotland.”

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Law Society’s Gazette, 5th August 2013

Source: www.lawgazette.co.uk

The duty to give former looked after children assistance with education – Education Law Blog

Posted August 5th, 2013 in appeals, children, education, local government, news, statutory duty, universities by sally

“I posted back in February about the High Court’s decision in R (Kebede) v Newcastle City Council [2013] EWHC 355 (Admin) that local authorities have a duty (and not a discretion) to make a grant in relation to educational expenses and that this could include a grant for tuition fees.”

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Education Law Blog, 4th August 2013

Source: www.education11kbw.com

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) – Supreme Court

Torfaen County Borough Council (Appellant) v Douglas Willis Limited (Respondent) [2013] UKSC 59 | UKSC 2012/0087 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) – Supreme Court

Posted August 2nd, 2013 in appeals, evidence, judges, law reports, Scotland, Supreme Court by sally

McGraddie (Appellant) v McGraddie (AP) and another (AP) (Respondents) (Scotland) 2013] UKSC 58 | UKSC 2012/0112 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Teal Assurance Company Limited (Appellant) v W R Berkley Insurance (Europe) Limited and another (Respondents) – Supreme Court

Posted August 2nd, 2013 in appeals, insurance, law reports, Supreme Court by sally

Teal Assurance Company Limited (Appellant) v W R Berkley Insurance (Europe) Limited and another (Respondents) [2013] UKSC 57 | UKSC 2012/0014 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

R v Hughes (Appellant) – Supreme Court

R v Hughes (Appellant) [2013] UKSC 56 UKSC 2011/0240 (YouTube)

Supreme Court, 31st July 2013

Source: www.youtube.com/user/UKSupremeCourt

Vernon Knight Associates v Cornwall County Council – WLR Daily

Posted August 2nd, 2013 in appeals, law reports, local government, negligence, nuisance, repairs, roads by sally

Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329

“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) – WLR Daily

Posted August 2nd, 2013 in appeals, financial regulation, law reports, notification, trials, tribunals by sally

Hobbs v Financial Conduct Authority (formerly Financial Services Authority) [2013] EWCA Civ 918; [2013] WLR (D) 328

“A decision by the Financial Services Authority to take no further action against the addressee of a warning notice or decision notice did not become irrevocable or take effect as a discontinuance of proceedings unless it had been communicated to that individual by a notice in accordance with section 389 of the Financial Services and Markets Act 2000.”

WLR Daily, 29th July 2013

Source: www.iclr.co.uk

Serious Organised Crime Agency v Azam – WLR Daily

Serious Organised Crime Agency v Azam [2013] EWCA Civ 970; [2013] WLR (D) 327

“Where a person who was the subject of a property freezing order made under Part 5 of the Proceeds of Crime Act 2002 applied for the order to be varied so as to permit him to apply some of his assets which were the subject of the order in paying for his legal expenses, he was under no specific burden of proof requiring him to prove that there were no other available assets which could be used for the relevant purpose, such that if he did not discharge the burden his application must fail.”

WLR Daily, 31st July 2013

Source: www.iclr.co.uk

Urgent appeals in warrant suspension cases – NearlyLegal

Posted August 2nd, 2013 in appeals, civil procedure rules, housing, news, repossession, warrants by sally

“We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied to a District Judge to suspend the warrant. The District Judge has, rightly or wrongly, dismissed that application. The occupier, understandably (even more so if the DJ fell into the ‘wrongly’ category), wants to appeal that decision.”

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NearlyLegal, 1st August 2013

Source: www.nearlylegal.org.uk