CA: judge should have recused himself from hearing wasted costs application – Litigation Futures

“The Court of Appeal has taken the highly unusual step of ruling that a judge should have recused himself from hearing a wasted costs order against a party’s solicitors given the comments he made about them in his substantive judgment.”

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Litigation Futures, 27th August 2013

Source: www.litigationfutures.com

ICO wrong to impose £250k fine on council for data breach, tribunal rules – Local Government Lawyer

Posted August 23rd, 2013 in appeals, data protection, fines, local government, news, tribunals, waste by sally

“The Information Commissioner’s Office should not have imposed a £250,000 fine on Scottish Borders Council for a data breach, the First-tier Tribunal (FTT) has ruled.”

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Local Government Lawyer, 22nd August 2013

Source: www.localgovernmentlawyer.co.uk

No time to lose: Delay and challenges to public procurement – Hardwicke Chambers

“If you want to challenge a decision to do with public procurement, time is of the essence. The Court of Appeal has reiterated this warning in one of its last decisions of the term: R (Nash) v Barnet LBC [2013] EWCA Civ 1004.”

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Hardwicke Chambers, 8th August 2013

Source: www.hardwicke.co.uk

Murderer told he would spend life behind bars has become the first Briton to appeal against tariff in European court – The Independent

Posted August 22nd, 2013 in appeals, human rights, murder, news, sentencing by sally

“A triple murderer has become the first UK citizen to mount a legal challenge against his ‘life means life’ tariff after a controversial ruling from European judges that it breaches human rights.”

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The Independent, 21st August 2013

Source: www.independent.co.uk

EAT: Tribunals can take post-termination activity into account when deciding on an unfair dismissal award – OUT-LAW.com

Posted August 20th, 2013 in appeals, compensation, employment tribunals, news, unfair dismissal by sally

“Employment tribunals can take a former employee’s post-termination conduct into account when calculating the compensation to be awarded for a successful unfair dismissal claim, according to the Employment Appeal Tribunal (EAT).”

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OUT-LAW.com, 19th August 2013

Source: www.out-law.com

Better Late than Never? – NearlyLegal

Posted August 19th, 2013 in appeals, homelessness, housing, human rights, local government, news, time limits by sally

Peake v LB Hackney  is another cautionary tale about the importance of lodging statutory homelessness appeals within the 21 day limit.”

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NearlyLegal, 18th August 2013

Source: www.nearlylegal.co.uk/blog/

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others – WLR Daily

Posted August 19th, 2013 in appeals, bias, costs, expert witnesses, judiciary, law reports, recusal, solicitors by sally

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others:[2013] EWCA Civ 1003;   [2013] WLR (D)  337

“The judge who had heard a substantive application would almost always be the right judge to deal with consequential issues as to costs, even if he had made findings adverse to a party in the course of reaching his conclusion. However, exceptional circumstances might arise where there was apparent bias stemming from the facts of the case which meant that the judge should have recused himself from dealing with the issue of costs.”

WLR Daily, 14th August 2013

Source: www.iclr.co.uk

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 sally

“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.”

Full story

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 sally

“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.”

Full story

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.”

Full story

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