Minor offences may stay secret after legal challenge fails – The Guardian

‘Some people with minor, past convictions may not have to disclose them in future after the government lost a legal challenge aimed at preserving its system of criminal record checks.’

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The Guardian, 30th January 2019

Source: www.theguardian.com

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

No order for costs following withdrawn forfeiture application – UK Police Law Blog

Posted January 28th, 2019 in appeals, costs, drug offences, forfeiture, news, police, proceeds of crime by sally

‘In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed three points: the starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly; in determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and it may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.’

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UK Police Law Blog, 27th January 2019

Source: ukpolicelawblog.com

Housing association defeats defence against eviction based on ‘cuckooing’ – Local Government Lawyer

‘The public sector equality duty should be considered in cases of ‘cuckooing’ where a vulnerable resident’s home is taken over by others as a base for drug consumption and dealing, the High Court has said.’

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Local Government Lawyer, 24th January 2019

Source: www.localgovernmentlawyer.co.uk

Court restores appeal after email over 10MB bounced back – Law Society’s Gazette

‘The Court of Appeal has granted leniency to a litigant whose first attempt at submitting a document failed because the electronic file was too big. In J v K & Anor, Lord Justice Underhill said the appellant, then unrepresented, could not have been expected to know the limits on email submission and his appeal was wrongly dismissed.’

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Law Society's Gazette, 23rd Janaury 2019

Source: www.lawgazette.co.uk

Woman found to have defamed ex-husband on Facebook takes fight to Supreme Court – Daily Telegraph

Posted January 24th, 2019 in appeals, assault, costs, defamation, domestic violence, families, news, Supreme Court, women by tracey

‘A woman who claimed on Facebook that her ex-husband tried to strangle her is set to fight a judge’s ruling that she is guilty of defamation because he wasn’t trying to kill her. Nicola Stocker, 51, will argue before the Supreme Court that she had used common language to describe the attack by her millionaire ex-husband, for which he was arrested, when talking to his new lover.’

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Daily Telegraph, 23rd January 2019

Source: www.telegraph.co.uk

Immigration chief hits out as “abuse” by lawyers – Legal Futures

Posted January 21st, 2019 in appeals, asylum, immigration, judicial review, news by tracey

‘The appeal system for failed asylum-seekers has been “heavily abused by some lawyers”, the former Home Office director-general of immigration enforcement has claimed.’

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Legal Futures, 21st January 2019

Source: www.legalfutures.co.uk

Court of Appeal says no to indefinite delay to insolvency case – OUT-LAW.com

Posted January 18th, 2019 in appeals, debts, delay, foreign jurisdictions, insolvency, news, Supreme Court by tracey

‘The Court of Appeal has said that English courts will not indefinitely delay a case, preventing English creditors from pursuing claims in insolvency proceedings abroad, especially when the foreign proceedings had ended. It said that an English debt can only be discharged by an English law process.’

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OUT-LAW.com, 17th January 2019

Source: www.out-law.com

Legal aid for welfare benefits plummets over a decade – Law Society’s Gazette

Posted January 18th, 2019 in appeals, benefits, budgets, legal aid, news, statistics by tracey

‘The Ministry of Justice says its delayed review of the impact of its controversial legal aid reforms is nearly done after publishing a table showing an alarming drop in the number of people who have been granted public funding in welfare benefits cases over the last decade.’

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Law Society's Gazette, 17th January 2019

Source: www.lawgazette.co.uk

Home Office refuses to let great-grandparents remain in UK – The Guardian

Posted January 18th, 2019 in appeals, autism, children, deportation, families, grandparents, human rights, immigration, news by tracey

‘The Home Office is trying to separate a couple from their four British children, 11 grandchildren and a great-grandchild by forcing them to return to Iran.’

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The Guardian, 18th January 2019

Source: www.theguardian.com

SRA pays Leigh Day £1m in costs to end disciplinary case – Legal Futures

‘The highly contentious Leigh Day disciplinary case has come to an end with the Solicitors Regulation Authority (SRA) paying the firm £1m in costs after the regulator’s unsuccessful appeal.’

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Legal Futures, 17th January 2019

Source: www.legalfutures.co.uk

Court caps appeal costs to keep ‘some semblance of reasonableness’ – Law Society’s Gazette

Posted January 17th, 2019 in airlines, appeals, costs, costs capping orders, indemnities, news, pensions, Supreme Court by tracey

‘The High Court has taken the proactive step of capping the costs of a litigant before they pursue an appeal through the Supreme Court. Mr Justice Arnold said the claimant in Airways Pension Scheme Trustee Ltd v Fielder & Anor should be limited to the same costs as the defendant – in doing so shaving around £200,000 from the costs estimate.’

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Law Society's Gazette, 16th January 2019

Source: www.lawgazette.co.uk

More flexibility, but potentially more disputes, after UK highways case – OUT-LAW.com

Posted January 14th, 2019 in appeals, interpretation, limitations, news, roads, Supreme Court by tracey

‘A recent UK Supreme Court decision on the common law meaning of ‘highway’ will have significant implications for property developers, an expert has said.’

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OUT-LAW.com, 11th January 2018

Source: www.out-law.com

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by tracey

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

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Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by tracey

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Court of Appeal rules against council over decision resident was not homeless – Local Government Lawyer

Posted January 11th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Sandwell Borough Council acted wrongly when it considered an application for a local resident to be treated as homeless, the Court of Appeal has ruled.’

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Local Government Lawyer, 10th January 2019

Source: www.localgovernmentlawyer.co.uk

Appeal refused over claimant who issued just to recover costs – Litigation Futures

Posted January 10th, 2019 in appeals, costs, news, part 36 offers, pre-action conduct by sally

‘The Court of Appeal has refused permission to appeal a High Court decision that found a claimant was entitled to issue his claim solely in pursuit of costs.’

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Litigation Futures, 9th January 2019

Source: www.litigationfutures.com

Stansted 15 launch appeal against ‘disproportionate’ convictions – The Guardian

Posted January 9th, 2019 in airports, appeals, bias, endangering safety of aircraft, news, terrorism by sally

‘The 15 immigration activists found guilty of a terror offence for blocking the takeoff of a deportation charter flight from Stansted airport have launched an appeal against their convictions.’

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The Guardian, 8th January 2019

Source: www.theguardian.com

Ofsted wins appeal over fairness of complaints procedures in special measures cases – Local Government Lawyer

Posted January 7th, 2019 in appeals, complaints, education, news, standards by sally

‘The Court of Appeal has ruled that a judge was wrong to conclude that Ofsted’s complaints procedures were unfair in serious weakness/special measures cases, and that it was wrong to quash an inspection report.’

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Local Government Lawyer, 2nd January 2019

Source: www.localgovernmentlawyer.co.uk

Man withdraws ‘right to be forgotten’ case against – The Guardian

Posted December 21st, 2018 in appeals, conspiracy, criminal records, data protection, fraud, internet, news, privacy by tracey

‘A businessman who launched legal action against Google for the “right to be forgotten” over a past crime has ended his court battle.’

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The Guardian, 20th December 2018

Source: www.theguardian.com