Category: appeals

CA confirms Ombudsman not “competent court” – Pensions Barrister

Posted November 2nd, 2023 in appeals, courts, news, ombudsmen, pensions by sally

‘Judgment of the CA was handed down today in Pensions Ombudsman v CMG Pension Trustees Ltd. CA confirmed that the requirement in s.91(6) PA95 for trustees to obtain an order of “a competent court”, where their right to recoup overpaid benefits from future pension payments is disputed by the member, is not satisfied solely by a determination of the Ombudsman. This means that such a determination will require to be enforced by the county court on the application of the trustees. However, the Court rejected the respondent’s argument that the county court has a judicial role to play, and held that enforcement was purely an administrative matter to be carried out by a court officer, without the court considering the merits of the matter.’

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Pensions Barrister, 1st November 2023

Source: www.pensionsbarrister.com

Council wins Court of Appeal battle over succession to property after mother entered care home – Local Government Lawyer

Posted November 2nd, 2023 in appeals, care homes, families, housing, human rights, local government, news by sally

‘Dudley Metropolitan Borough Council has defeated an appeal by a resident who claimed she should have been able to succeed to her mother’s council house as – had her mother not had to enter a care home – she would have been resident there with her at the time of her death.’

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Local Government Lawyer, 2nd November 2023

Source: www.localgovernmentlawyer.co.uk

Property Guardians and HMOs – occupation and use – Nearly Legal

Posted October 30th, 2023 in appeals, houses in multiple occupation, housing, local government, news, repossession by tracey

‘Global 100 Ltd v Jimenez & Ors (2023) EWCA Civ 1243. This was the Court of Appeal judgment in the latest of Global 100 (and Global Guardians) attempts to get out of properties occupied by guardians being subject to local auhtority licensing requirements, and the consequences of that.’

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Nearly Legal, 29th October 2023

Source: nearlylegal.co.uk

Court of Appeal quashes murder conviction following ‘entirely avoidable’ procedural error – Law Society’s Gazette

Posted October 30th, 2023 in appeals, criminal procedure, imprisonment, murder, news, sentencing by tracey

‘A murder conviction has been quashed for the second time due to an ‘entirely avoidable’ procedural error which Court of Appeal judges determined made the conviction unsafe.’

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Law Society's Gazette, 27th October 2023

Source: www.lawgazette.co.uk

Andrew Malkinson: Wrongful conviction inquiry judge pledges ‘fearless’ review – BBC News

Posted October 27th, 2023 in appeals, evidence, inquests, inquiries, judges, miscarriage of justice, news, police, rape, sexual offences by sally

‘A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be “fearless” in seeking the truth.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

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Law & Religion UK, 26th October 2023

Source: lawandreligionuk.com

Indi Gregory: European judges reject appeal over ill baby’s case – BBC News

Posted October 27th, 2023 in appeals, children, doctors, hospitals, human rights, medical treatment, news by sally

‘European judges have rejected a bid by the parents of a critically ill baby to have her life-support treatment continued.’

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BBC News, 26th October 2023

Source: www.bbc.co.uk

English court issues reminder of burden of proof in product liability cases – OUT-LAW.com

Posted October 27th, 2023 in appeals, burden of proof, causation, damages, news by sally

‘The English Court of Appeal has reminded claimants that, where there are competing explanations for causation in an action for damages, it is for them to prove their case on the balance of probabilities.’

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OUT-LAW.com, 26th October 2023

Source: www.pinsentmasons.com

Shamima Begum faces wait for appeal decision in citizenship case – The Independent

Posted October 25th, 2023 in appeals, citizenship, government departments, immigration, news, terrorism, trafficking in human beings by sally

‘Shamima Begum will face a wait to find out whether she has won a Court of Appeal bid over the removal of her British citizenship.’

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The Independent, 25th October 2023

Source: www.independent.co.uk

Pub murder conviction quashed over procedural error – BBC News

Posted October 25th, 2023 in appeals, Crown Court, imprisonment, jurisdiction, murder, news, sentencing by sally

‘A man who was jailed for murdering another man outside a pub has had his conviction quashed because of a procedural error.’

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BBC News, 25th October 2023

Source: www.bbc.co.uk

Indi Gregory: Legal challenge from critically ill baby’s parents dismissed – BBC News

Posted October 24th, 2023 in appeals, children, consent, hospitals, medical treatment, news, parental rights by tracey

‘The parents of a critically ill baby have had a legal challenge against a ruling to end life-support treatment dismissed.’

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BBC News, 23rd October 2023

Source: www.bbc.co.uk

Three-day hearing on Shamima Begum’s legal fight set to begin in Court of Appeal – The Independent

Posted October 24th, 2023 in appeals, citizenship, news, proscribed organisations, terrorism by tracey

‘Shamima Begum’s legal fight over the decision to deprive her of her British citizenship is set to reach the Court of Appeal.’

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The Independent, 24th October 2023

Source: www.independent.co.uk

Private sector accommodation in discharge of duty – meeting the tests at the right time – Nearly Legal

Posted October 23rd, 2023 in appeals, health & safety, homelessness, housing, landlord & tenant, local government, news by tracey

‘Ayinla v London Borough of Newham. Central London County Court. 29 September 2023. The key issue was whether LB Newham had met the requirements of satisfying itself that a private sector tenancy offered in discharge of duty was suitable, with regard to the judgment in Hajjaj v City of Westminster (2021) EWCA Civ 1688 (our note) and the conditions in Article 3 of The Homelessness (Suitability of Accommodation) (England) Order 2012.’

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Nearly Legal, 22nd October 2023

Source: nearlylegal.co.uk

Court of Appeal judges set to consider critically ill baby’s case – The Independent

Posted October 23rd, 2023 in appeals, children, doctors, families, medical treatment, news by tracey

‘The parents of a critically ill baby are preparing to stage an appeal after losing a High Court fight. A High Court judge recently ruled that doctors could lawfully limit the treatment they provide to Indi Gregory – against the wishes of her parents, Dean Gregory and Claire Staniforth.’

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The Independent, 23rd October 2023

Source: www.independent.co.uk

Courts increase sentences for child sex offenders – Attorney General’s Office

Posted October 20th, 2023 in appeals, attorney general, child abuse, criminal justice, grievous bodily harm, imprisonment, news, rape, sentencing, sexual offences, statistics by tracey

‘Figures released as part the Unduly Lenient Sentence (ULS) scheme annual statistics for 2022 show there were 23 child sex offence sentence increases. This was followed by 10 sentences increased for rape offences and 7 for cases involving grievous bodily harm.’

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Attorney General's Office, 17th October 2023

Source: www.gov.uk

Invitation to treat? Supreme Court clarifies the professional practice test – Gatehouse Chambers

Posted October 19th, 2023 in appeals, chambers articles, doctors, medical treatment, news, professional conduct, Supreme Court by sally

‘In McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26, the Supreme Court considered which legal test should be applied to the assessment of whether an alternative treatment was reasonable and should be discussed with a patient.’

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Gatehouse Chambers, 22nd September 2023

Source: gatehouselaw.co.uk

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 tracey

‘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