Taxi driver’s attacker jailed after court intervenes – Attorney General’s Office

‘A woman who permanently blinded a taxi driver in one eye after a frenzied attack with her high heels has been jailed for three years.’

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Attorney General's Office, 7th August 2023

Source: www.gov.uk

Andy Malkinson: Living costs deduction scrapped for wrongly convicted – BBC News

‘A controversial rule which deducted living costs from compensation paid to wrongly jailed people has been scrapped.’

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BBC News, 6th August 2023

Source: www.bbc.co.uk

Umbrella Interchange Fee Proceedings – Blackstone Chambers

Posted August 4th, 2023 in appeals, brexit, chambers articles, competition, EC law, fees, limitations, news, time limits by sally

‘On Wednesday [26 July], the Competition Appeal Tribunal handed down a judgment that is particularly significant for its analysis of the European Union (Withdrawal) Act 2018 (the “2018 Act”) and the scope of retained EU law.’

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Blackstone Chambers, 28th July 2023

Source: www.blackstonechambers.com

The power to regulate proceedings and place restrictions on councillor voting – Local Government Lawyer

Posted August 4th, 2023 in appeals, local government, news by sally

‘Philip McCourt looks at a recent Court of Appeal case and what that means for committee members who aren’t present for a full item of business but may still wish to vote.’

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Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

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Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters

‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’

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Cloisters, 14th July 2023

Source: www.cloisters.com

How not to talk about capacity and mental illness – Doughty Street Chambers

‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’

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Doughty Street Chambers, 19th July 2023

Source: insights.doughtystreet.co.uk

McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers

‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’

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Old Square Chambers, 18th July 2023

Source: oldsquare.co.uk

The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR

‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Appeal: ongoing judicial review can be ‘reasonable excuse’ for late tax payment – OUT-LAW.com

Posted August 2nd, 2023 in appeals, delay, HM Revenue & Customs, judicial review, news, tax avoidance, taxation by sally

‘The existence of judicial review (JR) proceedings can, in the right circumstances, be a reasonable excuse for non-payment or late payment of UK tax, the Court of Appeal has confirmed.’

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OUT-LAW, 1st August 2023

Source: www.pinsentmasons.com

Court rejects appeal against NHS England over gender dysphoria treatment delays – The Guardian

Posted August 1st, 2023 in appeals, delay, medical treatment, news, transgender persons by sally

‘Campaigners have lost a court of appeal challenge against NHS England over waiting times for gender dysphoria treatment.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Intentional homelessness – what counts as accommodation? – Nearly Legal

Posted August 1st, 2023 in appeals, homelessness, housing, local government, news by sally

‘A second appeal to the Court of Appeal on Folkestone’s decision that Ms Hodge was intentionally homeless because she had left a room in a hostel run by a charity that she was occupying under licence.’

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Nearly Legal, 31st July 2023

Source: nearlylegal.co.uk

Wild camping allowed on Dartmoor again after court appeal succeeds – The Guardian

Posted August 1st, 2023 in appeals, commons, news, statutory interpretation by sally

‘Wild camping is once again allowed on Dartmoor after the national park won a successful appeal against a ruling in a case brought by a wealthy landowner.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Incompetent Litigation Leading to Strike Out of a Claim – Beware! – Becket Chambers

Posted August 1st, 2023 in adjournment, appeals, chambers articles, negligence, news, pleadings, striking out by sally

‘The recent decision in Brem v Clark & Anor [2023] EWHC 1358 (KB) is a good reminder of the matters that the court will consider when determining an application to strike out a ‘dubious’ claim in unusual circumstances and a subsequent appeal against the decision to strike out.’

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Becket Chambers, 4th July 2023

Source: becket-chambers.co.uk

Just Stop Oil protesters have appeals blocked over Dartford crossing sentences – The Guardian

Posted August 1st, 2023 in appeals, demonstrations, environmental protection, news, nuisance, roads, sentencing by sally

‘Two Just Stop Oil protesters who scaled the bridge at the Dartford crossing, closing it to traffic for more than a day and a half, have been refused permission to appeal against their sentences.’

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The Guardian, 31st July 2023

Source: www.theguardian.com

Suitability appeal – don’t ignore evidence of need – Nearly Legal

‘Our grateful thanks to Daniel Grütters of One Pump Court for the following note and copy of the judgment in a section 204 appeal on the suitability of temporary accommodation.’

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Nearly Legal, 28th July 2023

Source: nearlylegal.co.uk

From the Upper Tribunal (Lands Chamber) and one Court of Appeal decision – Nearly Legal

Posted July 31st, 2023 in appeals, housing, landlord & tenant, leases, news, service charges by sally

‘Some brief notes on recent Upper Tribunal and Court of Appeal decisions on leasehold and service charge issues.’

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Nearly Legal, 30th July 2023

Source: nearlylegal.co.uk

Supreme Court litigation funding ruling poses challenge for mass actions – OUT-LAW.com

Posted July 31st, 2023 in appeals, competition, damages, news, Supreme Court, third parties by sally

‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’

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OUT-LAW.com, 28th July 2023

Source: www.pinsentmasons.com

CA overturns ruling that £2.7bn class action should proceed as opt-in – Legal Futures

Posted July 31st, 2023 in appeals, banking, class actions, compensation, competition, news by sally

‘The Court of Appeal last week overturned a decision that £2.7bn collective proceedings over a foreign exchange spot-trading cartel should be on an opt-in, rather than opt-out, basis.’

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Legal Futures, 31st July 2023

Source: www.legalfutures.co.uk

Judge right to award lying libel claimant £1 damages, appeal rules – Law Society’s Gazette

Posted July 31st, 2023 in appeals, damages, deceit, defamation, fraud, news, personal injuries by sally

‘A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted “deliberately false” evidence on the extent of harm caused by the libel.’

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Law Society's Gazette, 27th July 2023

Source: www.lawgazette.co.uk