Child sex offenders top list for increased sentences – BBC News

Posted October 18th, 2023 in appeals, child abuse, imprisonment, news, sentencing, sexual offences, statistics, victims by sally

‘Twenty-three child sex offenders had their sentences increased in England and Wales last year, new figures show.’

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BBC News, 18th October 2023

Source: www.bbc.co.uk

Appeals from personal welfare decisions – the Court of Appeal allocates the costs – Mental Capacity Law and Policy

Posted October 17th, 2023 in appeals, consent, costs, Court of Protection, elderly, medical treatment, news by sally

‘In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in person (on her behalf, and on behalf of other family members) from a decision[1] of Hayden J relating to her mother, a 78 year old woman identified as VA. Hayden J had declared that VA lacked capacity to conduct proceedings or consent to medical treatment including extubation and associated treatment and care. The order further provided that, pursuant to s.16 MCA 2005, it was in VA’s best interests, and the court consented on her behalf, to undergo extubation and the provision of palliative care in accordance with a care and treatment plan prepared by the treating team at the hospital where she was being looked after. The order was made some seven weeks after Morgan J endorsed a consent order that a tracheostomy and insertion of a PEG was in VA’s best interests, but in circumstances where very shortly afterwards the woman’s daughter, VK, sought to challenge the position.’

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Mental Capacity Law and Policy, 15th October 2023

Source: www.mentalcapacitylawandpolicy.org.uk

‘Major milestone’: CAT to rule on collective action settlement – Law Society’s Gazette

Posted October 13th, 2023 in appeals, class actions, competition, news, tribunals by sally

‘A “pioneering” £1.5m settlement has been agreed in a car delivery charges opt-out claim which the Competition Appeal Tribunal will now need to approve – potentially a first for the tribunal in a collective action.’

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Law Society’s Gazette, 12th October 2023

Source: www.lawgazette.co.uk

Just Stop Oil pair jailed over bridge protest lose Supreme Court appeal bid – The Independent

Posted October 12th, 2023 in appeals, demonstrations, news, nuisance, road traffic, sentencing, Supreme Court by sally

‘Two Just Stop Oil protesters jailed after scaling a bridge at the Dartford Crossing have lost a bid to challenge their sentences at the Supreme Court.’

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The Independent, 11th October 2023

Source: www.independent.co.uk

Court of Appeal allows appeal by council in case where fact-finding process in care proceedings “went wrong” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal by a local authority and remitted for rehearing a case concerning findings of fact in care proceedings.’

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Local Government Lawyer, 10th October 2023

Source: www.localgovernmentlawyer.co.uk

Judge wrong to block reporting of ‘highly contentious’ family case – Law Society’s Gazette

‘A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedings to the press.’

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Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Government to progress stayed ordinary residence disputes after Supreme Court judgment – Local Government Lawyer

‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’

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Local Government Lawyer, 6th October 2023

Source: www.localgovernmentlawyer.co.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’

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Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk

How UK plan to send asylum seekers to Rwanda ended up before supreme court – The Guardian

‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’

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The Guardian, 9th October 2023

Source: www.theguardian.com

Lin and Megan Russell: Michael Stone’s murder convictions reviewed – BBC News

‘The convictions of Michael Stone for the murders of Lin Russell and her daughter Megan are to be reviewed.’

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BBC News, 8th October 2023

Source: www.bbc.co.uk

Dyslexia and the importance of assessing the effect of disability on giving evidence – 3PB

‘The Appellant was Ms Habib. She brought a discrimination case against the Respondent, the nature of which was not really relevant to the decision of the EAT. Credibility was a key issue however. The Tribunal found that the way the Appellant gave evidence led them to believe that she was not always being truthful and that her recollection was sometimes unreliable. Her claims were dismissed.’

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3PB, 4th September 2023

Source: www.3pb.co.uk

High Court rejects appeal from “I like what I see” solicitor – Legal Futures

‘The High Court has rejected an appeal against a £20,000 fine imposed on a male law firm owner who said “mmm, I like what I see” to a young woman applying for a paralegal position.’

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Legal Futures, 3rd October 2023

Source: www.legalfutures.co.uk

Local authority challenges Tribunal costs awards decision following specialist school legal battle – Local Government Lawyer

‘East Sussex County Council has submitted a request for permission to appeal a decision ordering it to pay school fees costs to the family of a young autistic boy.’

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Local Government Lawyer, 29th September 2023

Source: www.localgovernmentlawyer.co.uk

‘I could have had a job and kids’: Oliver Campbell hopes for justice 30 years after murder charge – The Guardian

Posted October 2nd, 2023 in appeals, learning difficulties, miscarriage of justice, murder, news by sally

‘In 1991 Campbell, who has a mental impairment, received a life sentence for a crime he says he did not commit.’

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The Guardian, 2nd October 2023

Source: www.theguardian.com

Five more ex Post Office workers have convictions set aside – Criminal Cases Review Commission

‘Five more former sub-postmasters have had convictions set aside after their cases were sent back to court by the Criminal Cases Review Commission (CCRC).’

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Criminal Cases Review Commission, 28th September 2023

Source: ccrc.gov.uk

Ex-MP jailed over expenses fraud loses appeal against prison sentence – The Independent

Posted September 27th, 2023 in appeals, drug abuse, expenses, fraud, imprisonment, news, parliament, sentencing by sally

‘A former MP jailed for expenses fraud has lost a Court of Appeal bid to challenge his four-year prison sentence.’

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The Independent, 26th September 2023

Source: www.independent.co.uk

Offers of accommodation and the public sector equality duty – Local Government Lawyer

Posted September 22nd, 2023 in appeals, benefits, equality, housing, local government, news by sally

‘Michael Mullin and Scarlet Taylor-Waller analyse an important Court of Appeal ruling in a case where a council offered accommodation in Walsall to an appellant who had lived all her life in London.’

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Local Government Lawyer, 21st September 2023

Source: www.localgovernmentlawyer.co.uk

CA allows funder to challenge financial remedy consent order – Legal Futures

Posted September 19th, 2023 in appeals, consent orders, divorce, financial provision, news, third parties by sally

‘A litigation funder owed up to £1m by the wife in a “bitter and extortionately expensive” divorce battle can remain a party to financial remedy proceedings, the Court of Appeal has ruled.’

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Legal Futures, 19th September 2023

Source: www.legalfutures.co.uk

Forced marriage and the inherent jurisdiction – Local Government Lawyer

‘The Court of Appeal recently considered the use of the inherent jurisdiction in a forced marriage case. Rhys Hadden analyses the ruling.’

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Local Government Lawyer, 15th September 2023

Source: www.localgovernmentlawyer.co.uk