Minstrel singer Brian Davies wins race case appeal – BBC News

Posted May 30th, 2019 in appeals, harassment, news, racism by tracey

‘A man who dressed as a black and white minstrel and directed a “racist” song at a black colleague has had his racial harassment conviction quashed.’

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BBC News, 30th May 2019

Source: www.bbc.co.uk

Possession and the PSED (again) – Nearly Legal

‘London and Quadrant HR v Patrick [2019] EWHC 1263 (QB) follows hard on the footsteps of Powell v Dacorum BC [2019] EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd [2019] EWHC 24 (QB) (our note here), with Turner J making some fairly caustic observations about the use of the public sector equality duty in possession cases. He ended his substantive judgment with the observation that, “I note that the decision in Forward is under appeal to the Court of Appeal. It is to be hoped that, whatever the outcome, such guidance as may be given will significantly reduce the risk that, in future, possession applications are subject to protracted delays and uncertainty which are highly prejudicial to all of those affected”.’

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Nearly Legal, 28th May 2019

Source: nearlylegal.co.uk

Not discrimination to pay male officers less for shared parental leave than female officers on maternity leave – UK Police Law Blog

‘The Court of Appeal in (1) Capita Customer Management Ltd v Ali & (2) Chief Constable of Leicestershire v Hextall [2019] EWCA Civ 900, has overturned the Employment Appeal Tribunal and held that employees do not unlawfully discriminate against men when when paying them less for shared parental leave than they pay women when taking enhanced maternity pay as part of maternity leave. Such claims are not sex discrimination claims but equal terms claims, to be brought under the Equal Pay Act 1970, which are bound to fail because they relate to terms of work affording special treatment to woman in connection with pregnancy of childbirth. An appeal to the Supreme Court is possible.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

High Court rejects appeal by couple jailed for harassing judge – Legal Futures

Posted May 29th, 2019 in appeals, family courts, harassment, judgments, news, sentencing by tracey

‘The High Court has rejected an appeal by a couple jailed for harassing the family judge who heard their “long and contentious litigation” over an adoption.’

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Legal Futures, 29th May 2019

Source: www.legalfutures.co.uk

Judge slashes solicitors’ trial costs saying: Leave the work to counsel – Law Society’s Gazette

‘A Court of Appeal judge has made clear that solicitors should not be paid for trial preparation that is capable of being dealt with by counsel.’

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

PIP breast implant scandal: Victims visited by bailiffs – BBC News

Posted May 28th, 2019 in appeals, bailiffs, compensation, cosmetic surgery, news, victims by tracey

‘Women given faulty breast implants fear thousands of them may have to pay back compensation after visits by bailiffs warning them of legal proceedings.’

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BBC News, 28th May 2019

Source: www.bbc.co.uk

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in appeals, construction industry, contracts, damages, enforcement, insolvency, news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

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Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer

Posted May 23rd, 2019 in appeals, commons, interpretation, local government, news, planning by tracey

‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’

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Local Government Lawyer, 22nd May 2019

Source: www.localgovernmentlawyer.co.uk

Guidance on libel for the social media age – Law Society’s Gazette

‘”He tried to strangle me” – hardly innocuous words. But when Nicola Stocker posted them on Facebook in 2012 she could not have known it was the start of a 76-month libel dispute over two simple questions – questions that would reach the Supreme Court as Stocker v Stocker [2019] UKSC 17.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

No more reasonable doubt in suicide inquests – UK Human Rights Blog

Posted May 22nd, 2019 in appeals, codes of practice, inquests, news, proof, suicide, unlawful killing by sally

‘In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire v The Chief Coroner for England Wales [2019] EWCA Civ 809, the Court of Appeal conclusively held that the standard for proof for both short form and narrative conclusions concerning suicide was the civil balance of probabilities test, rather than the criminal beyond reasonable doubt.’

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UK Human Rights Blog, 20th May 2019

Source: ukhumanrightsblog.com

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

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Nearly Legal, 19th May 2019

Source: nearlylegal.co.uk

Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

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UK Police Law Blog, 10th May 2019

Source: ukpolicelawblog.com

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk

Takeaway boss has two-year manslaughter sentence overturned after death of schoolgirl with nut allergy – Daily Telegraph

‘A takeaway boss found guilty of the manslaughter of a schoolgirl who suffered an allergic reaction to a meal containing peanut proteins has won an appeal against his conviction.’

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Daily Telegraph, 16th May 2019

Source: www.telegraph.co.uk

UK government security decisions can be challenged in court, judges rule – The Guardian

‘Government security decisions will in future be open to challenge in the courts after judges ruled that a secretive intelligence tribunal could not be exempt from legal action.’

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The Guardian, 15th May 2019

Source: www.theguardian.com

Employment Appeal Tribunal hears appeal from Christian ex-magistrate dismissed over adoption comments – Local Government Lawyer

‘The Employment Appeal Tribunal is this week hearing an appeal from a former magistrate who was removed from the judiciary after he expressed the view that it was in a child’s best interests to be raised by a mother and a father.’

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Local Government Lawyer, 15th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog

Posted May 16th, 2019 in appeals, housing, local government, news, Supreme Court, valuation by sally

‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’

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UKSC Blog, 15th May 2019

Source: ukscblog.com