Court of Appeal refuses VW permission to appeal Dieselgate ruling – Litigation Futures

‘The Court of Appeal has refused Volkswagen permission to appeal the decision that it tried to cheat clean air regulations.’

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Litigation Futures, 7th August 2020

Source: www.litigationfutures.com

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Partner fired for ‘topping up’ fees overturns tribunal ruling – Legal Futures

‘The Employment Appeal Tribunal has overturned a ruling that a law firm was entitled to fire a partner who was accused of “topping up” legal aid fees with cash from a client’s father.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

Posted August 5th, 2020 in appeals, compensation, costs, damages, deceit, indemnities, news, personal injuries by sally

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

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Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

SRA imposes ban on trainee solicitor jailed for rape – Legal Futures

‘A one-time trainee solicitor who violently raped one woman and attempted to rape another has been banned from the profession.’

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Legal Futures, 5th August 2020

Source: www.legalfutures.co.uk

Another recusal refusal – but this time the Court of Appeal steps in – Transparency Project

‘In the second such case in a month, a judge has refused to recuse herself at the request of a litigant, but on this occasion the Court of Appeal has reversed that decision and ordered that she step down from the case and let another judge take over.’

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Transparency Project, 3rd August 2020

Source: www.transparencyproject.org.uk

Council wins appeal over order discharging interim care orders – Local Government Lawyer

Posted August 4th, 2020 in appeals, care orders, children, local government, news by sally

‘Herefordshire Council has won an appeal from an order discharging interim care orders in relation to girls aged nine and seven.’

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Local Government Lawyer, 3rd August 2020

Source: www.localgovernmentlawyer.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

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Litigation Futures, 4th August 2020

Source: www.litigationfutures.com

Former police chief convicted over child abuse video granted court of appeal hearing – The Guardian

‘A decorated former police chief has won two key battles in her fight to overturn her conviction for possessing a child abuse video and get her job back, the Guardian has learned.’

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The Guardian, 2nd August 2020

Source: www.theguardian.com

Vos named as next Master of the Rolls – Litigation Futures

Posted August 3rd, 2020 in appeals, judges, news by sally

‘Sir Geoffrey Vos will take over as Master of the Rolls next year, it was announced on Friday, with a new Senior President of Tribunals and eight new Court of Appeal judges also named.’

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Litigation Futures, 3rd August 2020

Source: www.litigationfutures.com

Shamima Begum: Bid to return in citizenship fight goes to Supreme Court – BBC News

‘The case of runaway Shamima Begum, who is fighting to return to the UK from Syria, will go to the Supreme Court.’

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BBC News, 31st July 2020

Source: www.bbc.co.uk

Chris Packham loses appeal against HS2 rail project – The Guardian

‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’

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The Guardian, 31st July 2020

Source: www.theguardian.com

Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers

‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’

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Tanfield Chambers, 17th July 2020

Source: www.tanfieldchambers.co.uk

Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer

‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’

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Local Government Lawyer, 29th July 2020

Source: www.localgovernmentlawyer.co.uk

Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project

Posted July 31st, 2020 in adoption, appeals, care orders, children, families, grandparents, guardianship, news by sally

‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’

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Transparency Project, 31st July 202

Source: www.transparencyproject.org.uk

Uber BV v Aslam – Old Square Chambers

‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’

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Old Square Chambers, 21st July 2020

Source: www.oldsquare.co.uk

A right to cross-examine? The current position – No. 5 Chambers

Posted July 30th, 2020 in appeals, cross-examination, news, planning by sally

‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:

“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’

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No. 5 Chambers, 21st July 2020

Source: www.no5.com

Upper Tribunal rejects appeal by county council over naming of school for child with special educational needs – Local Government Lawyer

‘Worcestershire County Council has lost an Upper Tribunal case over which school a child with special educational needs should attend.’

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Local Government Lawyer, 30th July 2020

Source: www.localgovernmentlawyer.co.uk

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

High Court provides clarity on third-party access to court documents – OUT-LAW.com

‘The English High Court has refused to give access to court documents on the basis that doing so would not advance the principles of open justice.’

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OUT-LAW.com, 28th July 2020

Source: www.pinsentmasons.com