Category: appeals

VTB Capital plc v Nutritek and others – WLR Daily

Posted February 7th, 2013 in appeals, banking, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41

“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) – Supreme Court

Posted February 6th, 2013 in appeals, EC law, employment tribunals, judiciary, law reports, part-time work, pensions, Supreme Court, time limits by sally

O’Brien (Appellant) v Ministry of Justice (Formerly the Department for Constitutional Affairs) (Respondents) [2013] UKSC 6 | UKSC 2012/0168 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) – Supreme Court

Posted February 6th, 2013 in appeals, banking, freezing injunctions, law reports, loans, misrepresentation, service out of jurisdiction, Supreme Court by sally

VTB Capital plc (Appellant) v Nutritek International Corp and others (Respondents) [2013] UKSC 5 | UKSC 2012/0167 (YouTube)

Supreme Court, 6th February 2013

Source: www.youtube.com/user/UKSupremeCourt

‘Unfair’ laws for cohabiting couples highlighted again – BBC News

Posted February 6th, 2013 in appeals, cohabitation, dispute resolution, news, partnerships by sally

“The recent county court case of Pamela Curran and Brian Collins highlights the difficulties that arise when unmarried couples separate and it should serve as a warning to others in a similar position.”

Full story

BBC News, 6th February 2013

Source: www.bbc.co.uk

Gay marriage: some legal inequalities will remain – The Guardian

Posted February 6th, 2013 in appeals, bills, civil partnerships, divorce, equality, homosexuality, marriage, news by sally

“The aim of the marriage (same-sex couples) bill is to ensure that all couples enjoy equal marriage rights. Some elements of legal asymmetry remain, however, under the legislation.”

Full story

The Guardian, 5th February 2013

Source: www.guardian.co.uk

Refusal to make a statement: remember the context – Education Law Blog

Posted February 5th, 2013 in appeals, education, local government, news, special educational needs, tribunals by tracey

“A short recent decision of the Upper Tribunal (JS v Worcestershire County Council [2012] UKUT 451 (AAC)) has emphasised the importance, when assessing a child’s special educational needs (‘SENs’), of considering the context in which he or she is performing.”

Full story

Education Law Blog, 4th february 2013

Source: www.education11kbw.com

D and another v Refugee Applications Commissioner (Ireland) and others – WLR Daily

Posted February 4th, 2013 in appeals, asylum, EC law, immigration, law reports by tracey

D and another v Refugee Applications Commissioner (Ireland) and others: (Case C-175/11);   [2013] WLR (D)  39

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by tracey

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

An assault on family law – Halsbury’s Law Exchange

Posted February 1st, 2013 in appeals, families, financial provision, news, privilege by tracey

“As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. To ignore the law, as the cases below show, can be repressive and is certainly illegal.”

Full story

Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Construction workers to challenge Met over blacklist – The Guardian

Posted February 1st, 2013 in appeals, complaints, construction industry, news, police, political opinion discrimination, trade unions by tracey

“Decision by the Metropolitan police not to investigate claims that officers supplied information to the blacklist faces appeal by workers’ lawyers.”

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The Guardian, 1st February 2013

Source: www.guardian.co.uk

EU Court annuls EU freezing orders on Iranian bank – and Wikileaks again – UK Human Rights Blog

Posted January 31st, 2013 in appeals, banking, EC law, news by sally

“In October 2009, Bank Mellat, an Iranian bank, was effectively excluded from the UK financial market by an Order made by the Treasury, on the basis that it had or might provide banking services to those involved in Iran’s nuclear effort. The Bank challenged the Order, and the challenge failed in the Court of Appeal, albeit with a dissent from Elias LJ: see Rosalind English’s post and read judgment. The Bank’s appeal to the Supreme Court is due to be heard in March 2013; it raises some fascinating issues about common law unfairness, Article 6, and the right to property under A1P1 , given that the Bank was not told of the intention to make the Order prior to its making.”

Full story

UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

Blanket disclosure requirement for minor past convictions breaches Convention – UK Human Rights Blog

Posted January 31st, 2013 in appeals, cautions, disclosure, human rights, news, privacy, vetting by sally

“The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.”

Full story

UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

TV cameras to be allowed into court of appeal – The Guardian

Posted January 31st, 2013 in appeals, courts, law reports, media, news by sally

“TV cameras will be allowed into the court of appeal for the first time from October and senior judges will be offered training before appearing on camera, the lord chief justice has revealed.”

Full story

The Guardian, 30th January 2013

Source: www.guardian.co.uk

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice – WLR Daily

Posted January 31st, 2013 in appeals, cautions, criminal records, law reports, police, privacy by sally

Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice [2013] EWCA Civ 25; [2013] WLR (D) 33

“The statutory regime requiring the blanket disclosure of all convictions and cautions relating to recordable offences against an individual was disproportionate to (i) the general aim of protecting employers and, in particular, children and vulnerable adults who were in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.”

WLR Daily, 29th Janaury 2013

Source: www.iclr.co.uk

O’Cathail v Transport for London – WLR Daily

Posted January 31st, 2013 in adjournment, appeals, civil justice, employment tribunals, law reports by sally

O’Cathail v Transport for London [2013] EWCA Civ 21; [2013] WLR (D) 31

“An employment tribunal’s decision to refuse a claimant’s application to adjourn a hearing could not be set aside by the Employment Appeal Tribunal unless the tribunal had erred in law.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Henry ruling leaves lawyers rueing lack of clarity and warning of satellite litigation – Litigation Futures

Posted January 29th, 2013 in appeals, budgets, costs, news, proportionality by sally

“The Court of Appeal ruling in Henry yesterday has been met with disappointment and criticism from lawyers for failing to send out a clear message about the importance of costs management, and for risking an onslaught of satellite litigation.”

Full story

Litigation Futures, 29th January 2013

Source: www.litigationfutures.com

Court of Appeal overturns Senior Costs Judge and allows recovery of £300,000 budget overspend – Litigation Futures

Posted January 28th, 2013 in appeals, budgets, costs, defamation, news by sally

“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”

Full story

Litigation Futures, 28th January 2013

Source: www.litigationfutures.com

Hamilton v Hamilton – WLR Daily

Posted January 28th, 2013 in appeals, dispute resolution, divorce, financial provision, jurisdiction, law reports by sally

Hamilton v Hamilton [2013] EWCA Civ 13; [2013] WLR (D) 26

“An order in ancillary relief proceedings for the payment of a series of lump sums over time was not necessarily an order for a lump sum by instalments, within section 23(3)(c) of the Matrimonial Causes Act 1973, and therefore variable under section 31 of the 1973 Act.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Milton Keynes Borough Council v Nulty, decd and others – WLR Daily

Posted January 28th, 2013 in appeals, burden of proof, causation, fire, insurance, law reports, negligence by sally

Milton Keynes Borough Council v Nulty, decd and others [2013] EWCA Civ 15; [2013] WLR (D) 25

“There was no rule of law that if the only other possible causes of an event were very much less likely than one suggested means of causation, that became the probable cause; the court had to be satisfied on rational and objective grounds that the case for believing that the suggested means of causation occurred was stronger than the case for not so believing.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Don’t tell (and didn’t ask) – NearlyLegal

Posted January 28th, 2013 in appeals, complaints, interpretation, landlord & tenant, news, repossession by sally

“Introductory tenancies require a notice under s.128 Housing Act 1996 to be served before possession proceedings. That notice shall inform the tenant of his right to request a review of the landlord’s decision to seek an order for possession and of the time within which such a request must be made. [s.128(6)]”

Full story

NearlyLegal, 26th January 2013

Source: www.nearlylegal.co.uk