Children law update – Local Government Lawyer
‘Michael Jones discusses a wide range of recent children law rulings from the Court of Appeal and the Family Division.’
Local Government Lawyer, 20th January 2023
Source: www.localgovernmentlawyer.co.uk
Category: appeals
The CIL appeal in Braithwaite – Local Government Lawyer
‘Christopher Cant sets out the lessons to be learned from an important Court of Appeal ruling on the effect of a “revised liability notice” for Community Infrastructure Levy upon an earlier liability notice relating to a housing and office development for which planning permission had been granted.’
Local Government Lawyer, 20th January 2023
Source: www.localgovernmentlawyer.co.uk
Eamonn Holmes in challenge to tax tribunal ruling over ’employee’ status at ITV – The Independent
‘Television presenter Eamonn Holmes is challenging a tribunal ruling that concluded he should be treated as an ITV employee for tax reasons when he presented This Morning.’
The Independent, 15th January 2023
Source: www.independent.co.uk
Judges allow partial appeal against Rwanda asylum seeker ruling – The Guardian
‘Two judges who ruled that the Home Office’s plan to send asylum seekers to Rwanda to have their cases processed was lawful have granted permission for parts of their decision to be challenged at the court of appeal.’
The Guardian, 16th January 2023
Source: www.theguardian.com
What Is Sentencing And How Does It Work? – Each Other
‘The House of Commons Justice Committee has launched an inquiry into the public’s opinion and understanding of sentencing. The Justice Committee will examine their understanding of the current approach to sentencing in England and Wales. It has made us ask the question: what does sentencing mean for our rights?’
Each Other, 13th January 2023
Source: eachother.org.uk
Penalties for gambling breaches – Local Government Lawyer
‘Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.’
Local Government Lawyer, 13th January 2023
Source: www.localgovernmentlawyer.co.uk
Bank’s solicitor “may have owed duty of care” to third party – Legal Futures
‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’
Legal Futures, 16th January 2023
Source: www.legalfutures.co.uk
Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer
‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’
Local Government Lawyer, 10th January 2023
Source: www.localgovernmentlawyer.co.uk
Hudson v Hathway [2022] EWCA Civ 1648 – Falcon Chambers
‘The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.’
Falcon Chambers, 22nd December 2022
Source: www.falcon-chambers.com
Mother v Father [2022] EWHC 3107 (Fam): I was not allowed to give evidence or cross-examine in family court: can I appeal? – Becket Chambers
‘This article provides an overview of the court’s powers in limiting evidence heard during family court proceedings. I will be examining some key lessons on this topic as heard in the recent case of Mother v Father [2022] EWHC 3107 (Fam).’
Becket Chambers, 20th December 2022
Source: becket-chambers.co.uk
Episode 6: The Ghost in the Machine? Good Faith in Contract after Re Compound Photonics – Blackstone Chambers
‘Join Andreas Gledhill KC as he explores the implications of the recent Court of Appeal decision Re Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371.’
Blackstone Chambers, 13th December 2022
Source: www.blackstonechambers.com
Abuse of Process for Lost Evidence: Alive and Kicking – 25 Bedford Row
‘Colin Wells discusses the recent case of ANP [2022] EWCA Crim 1111 in which the Court of Appeal (Criminal Division) considered the circumstances of when a case might be stayed as an abuse of process when important evidence has been lost or destroyed.’
25 Bedford Row, 5th December 2022
Source: www.25bedfordrow.com
Court of Appeal: UT should normally re-make decision instead of remitting case to FTT – EIN Blog
‘AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022). In this deportation case, Underhill, Nicola Davies and Stuart-Smith LJJ held that where, on an appeal from the First-tier Tribunal (FTT), the Upper Tribunal (UT) found that where the FTT’s decision involved an error of law, it would normally re-make the decision instead of remitting it to the FTT, unless it was satisfied that the error had deprived a party of a fair hearing before the FTT. Where the UT was so satisfied, it would normally remit the decision to the FTT. If the UT chose instead to re-make the decision itself, it would have to give cogent reasons for doing so. “AEB” appealed against a decision of the UT upholding a deportation order made by the respondent SSHD. The appellant was a Nigerian national who had been in the UK for 30 years and who was separated from his partner but helped to care for their three children, all of whom had significant disabilities and special needs. In 2017, he was convicted of dishonesty and sentenced to 4 years’ imprisonment. As a result, the SSHD served a deportation decision under the automatic deportation provision set out in section 32 of the UK Borders Act 2007. AEB appealed to the FTT relying on article 8 of the ECHR, which brought into play the provisions of Part 5A of the Nationality, Immigration and Asylum Act 2002. But the FTT dismissed his appeal and UT set aside that dismissal on the basis that the FTT had made errors of law which had deprived AEB of a fair hearing.’
EIN Blog, 9th January 2023
Source: www.ein.org.uk
Covid loans secrecy is in the public interest, tribunal rules – Law Society’s Gazette
‘The public interest in preventing prejudice to commercial interests trumps the public interest in publishing details of recipients of emergency Covid loans, the First Tier Tribunal has ruled. In Spotlight on Corrupton & Anor v The Information Commissioner & The British Business Bank, tribunal judge Sophie Buckley rejected two appeals against the information commissioner’s decision not to require the British Business Bank to identify all the businesses that had taken out loans under four government schemes during the pandemic.’
Law Society’s Gazette, 6th January 2023
Source: www.lawgazette.co.uk
Maranello Rosso Ltd v Lohomij B.V. & others – Blackstone Chambers
‘The Court of Appeal has handed down a significant judgment on the interpretation of settlement agreements; and specifically, whether a settlement agreement was intended to, and has the effect of, precluding or releasing claims arising from fraud, conspiracy or other intentional wrongdoing despite not expressly referring to such claims.’
Blackstone Chambers, 21st December 2022
Source: www.blackstonechambers.com
Case Management Decisions – are they appealable? – Becket Chambers
‘“No” appears to be the short answer. This is a recent decision (this month) where the High Court upheld a decision by a lay bench not to permit oral evidence of the parties at a private law final hearing. The court held that it was a legitimate exercise of the court’s case management powers. This judgment may surprise some people, and it would be interesting to see what the Court of Appeal would decide if it was further appealed.’
Becket Chambers, 21st December 2022
Source: becket-chambers.co.uk
Can the tables ever be turned: when can professionals sue their clients for breaching duties to them? by Helen Evans KC – 4 New Square Chambers
‘When professionals are sued, it’s not unusual for them to make an assertion that their clients were “up to something”, or to complain that they had provided wilfully misleading or incomplete instructions.’
4 New Square Chambers, 7th December 2022
Source: www.4newsquare.com
The Return of Detrimental Reliance – Case Note: Hudson v Hathway [2022] EWCA Civ 1648 – Guildhall
‘The ever-troublesome common intention constructive trust (“CICT”) has been back before the Court of Appeal. Hudson v Hathway is a second appeal, from Kerr J. The first appeal was from HHJ Ralton in the County Court at Bristol.’
Guildhall Chambers, 22nd November 2022
Source: www.guildhallchambers.co.uk
Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog
‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’
UKSC Blog, 4th January 2023
Source: ukscblog.com
The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer
‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’
Local Government Lawyer, 16th December 2022
Source: www.localgovernmentlawyer.co.uk
