Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

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The Independent, 6th December 2013

Source: www.independent.co.uk

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

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Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by sally

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Teacher who molested pupils has sentence increased by court of appeal – The Guardian

Posted December 6th, 2013 in appeals, news, sentencing, sexual offences, teachers by sally

‘A primary school teacher who molested his pupils and filmed children’s genitals as they changed for swimming lessons has seen his six-month jail sentence more than doubled.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Christian care worker loses Sunday working discrimination appeal – UK Human Rights Blog

Posted December 6th, 2013 in appeals, care workers, Christianity, employment, news, Sunday trading by sally

‘Mba v London Borough Of Merton [2013] EWCA Civ 1562. The Court of Appeal has dismissed the appeal of a Christian care worker against the decision of the Employment Appeal Tribunal (EAT) that a requirement that she work on Sundays indirectly discriminated against her on the grounds of religion or belief.’

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Uk Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

The legal arguments behind the naming of Marine A – The Guardian

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

‘It has taken more than a year for the courts to agree that the man previously known as Marine A should be named.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) – Supreme Court

In the matter of an application by Martin Corey (AP) for Judicial Review (Northern Ireland) [2013] UKSC 76 | UKSC 2012/0217 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of KL (A Child) – Supreme Court

In the matter of KL (A Child) [2013] UKSC 75 | UKSC 2013/0212 (YouTube)

Supreme Court, 4th December 2013

Source: www.youtube.com/user/UKSupremeCourt

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