Category: appeals

Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

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Local Government Lawyer, 14th December 2022

Source: www.localgovernmentlawyer.co.uk

Sovereign immunity for former Spanish king upheld on appeal – Law Society’s Gazette

Posted December 15th, 2022 in appeals, Crown, harassment, immunity, news by sally

‘Sovereign immunity has been upheld in the Court of Appeal in a case involving allegations that the former king of Spain harassed a woman over a two-year period.’

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Law Society's Gazette, 14th December 2022

Source: www.lawgazette.co.uk

Case Comment: Guest v Guest [2022] UKSC 27 – UKSC Blog

Posted December 14th, 2022 in appeals, estoppel, news, Supreme Court, wills by sally

‘In this post, Tobias Seger, an Associate at CMS, comments on the Supreme Court’s decision in Guest v Guest [2022] UKSC 27, handed down by the Supreme Court on 19 October 2022. This case concerns the proper approach to granting relief under the doctrine of proprietary estoppel.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Case Preview: R (Day) v Shropshire Council (heard 7th December 2022) – UKSC Blog

Posted December 14th, 2022 in appeals, judicial review, local government, news, planning, Supreme Court by sally

‘Shrewsbury Town Council owned a plot of land which was subject to a statutory trust arising either under section 10 of the Open Spaces Act 1906 or, impliedly, under the Public Health Act 1875. Pursuant to that trust, the town council had to allow the public to enjoy the land as an open space.’

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UKSC Blog, 12th December 2022

Source: ukscblog.com

Appeal Begins For People Fighting For The £20 Uplift In Universal Credit Payments – Each Other

Posted December 8th, 2022 in appeals, benefits, coronavirus, disability discrimination, judicial review, news by sally

‘Two million people on legacy benefits missed out more than £1,500 in extra Universal Credit support payments during the Covid-19 lockdown in the UK. Four claimants brought a challenge to the High Court in November 2021 in relation to the UK government’s failure to apply a similar increase to legacy benefits. Today, the Court of Appeal will heard the case.’

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Each Other, 7th December 2022

Source: eachother.org.uk

UK woman whose children were removed against their wishes loses appeal – The Guardian

Posted December 8th, 2022 in appeals, children, custody, expert witnesses, family courts, news, psychiatrists by sally

‘A mother whose children were removed from her care against their wishes after an unregulated psychologist said she had “alienated” them from their father has lost a high court appeal to have her case reopened.’

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The Guardian, 7th December 2022

Source: www.theguardian.com

Don’t double compensate for the same claim, defendants tell CoA – Law Society’s Gazette

Posted December 2nd, 2022 in appeals, compensation, damages, news, personal injuries by sally

‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’

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Law Society’s Gazette, 1st December 2022

Source: www.lawgazette.co.uk

Mastercard fails to throw out class of ‘dead claimants’ – Law Society’s Gazette

Posted November 30th, 2022 in appeals, banking, class actions, competition, news by sally

‘Court of Appeal judges today unanimously dismissed an appeal against the landmark decision this year to allow about three million now deceased people to continue to be part of a mammoth group action against Mastercard. The ruling concludes a six-year struggle to get the collective proceedings certified in the Competition Appeal Tribunal.’

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Law Society's Gazette, 29th November 2022

Source: www.lawgazette.co.uk

Taxi driver licence appeals: burden of proof – Local Government Lawyer

Posted November 28th, 2022 in appeals, burden of proof, licensing, local government, news, taxis by sally

‘Prof Roy Light analyses the case law around the burden of proof in taxi driver licence appeals.’

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Local Government Lawyer, 25th November 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rules against EasyJet again on flight delay claims – Legal Futures

Posted November 28th, 2022 in airlines, appeals, compensation, delay, electronic mail, news by sally

‘EasyJet’s latest effort to cut out solicitors from flight delay claims has failed, after the Court of Appeal found shortcomings in its automated system.’

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Legal Futures, 28th November 2022

Source: www.legalfutures.co.uk

‘Is the conviction sound? No’: lawyer vows to prove Michael Stone’s innocence – The Guardian

Posted November 28th, 2022 in appeals, barristers, Criminal Cases Review Commission, criminal justice, evidence, miscarriage of justice, murder, news by sally

‘Mark McDonald believes Russell murders case will turn out to be a serious miscarriage of justice.’

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The Guardian, 27th November 2022

Source: www.theguardian.com

Woman with Down’s syndrome loses abortion law appeal – BBC News

Posted November 25th, 2022 in abortion, appeals, disability discrimination, disabled persons, equality, human rights, news, time limits by sally

‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’

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BBC News, 25th November 2022

Source: www.bbc.co.uk

The beginning of a pushback against Article 2 inquests? – UK Human Rights Blog

Posted November 25th, 2022 in appeals, drug abuse, human rights, inquests, mental health, news, suicide by sally

‘In R (Morahan) v HM Assistant Coroner for West London [2022] EWCA Civ 1410, the Court of Appeal robustly rejected a challenge to the earlier decision of the Divisional Court that Article 2 did not apply to drug related death of a voluntarily admitted psychiatric patient.’

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UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Court of Appeal in London rules on reasonable endeavours in force majeure clause – OUT-LAW.com

Posted November 23rd, 2022 in appeals, arbitration, contracts, dispute resolution, news, shipping law by sally

‘The Court of Appeal for England and Wales has ruled that a switch of the currency in which payments were made in a ship charter contract would count as ‘reasonable endeavours’ and would avoid the contract not being fulfilled because of a force majeure event.’

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OUT-LAW.com, 22nd November 2022

Source: www.pinsentmasons.com

Hillside Parks – common sense is not that common (but the law is not an ass) – Local Government Lawyer

Posted November 21st, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court judgment in Hillside Parks shows that common sense helps operate the planning system in a practical and fair way, Roy Pinnock writes.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

UK citizenship appeal by Shamima Begum to begin – The Independent

Posted November 21st, 2022 in appeals, citizenship, government departments, immigration, news, terrorism, trafficking in human beings, victims by sally

‘Shamima Begum is set to begin her appeal over the removal of her UK citizenship.’

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The Independent, 21st November 2022

Source: www.independent.co.uk

Alleged Islamophobia in misconduct proceedings: El Diwany – Law & Religion UK

Posted November 18th, 2022 in appeals, disciplinary procedures, employment, equality, harassment, Islam, news, professional conduct, recusal, religious discrimination, solicitors by sally

‘Mr Farid El Diwany was twice convicted in Norway of harassment [16] and, in consequence, was struck off the Roll of Solicitors [16(ix)]. In El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin), he appealed against an order of the Solicitors Disciplinary Tribunal (“the SDT”) dated 18 November 2021 refusing his application to be restored to the Roll [1].’

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Law & Religion UK, 16th November 2022

Source: lawandreligionuk.com

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by sally

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Manchester youth leader jailed over ‘conspiracy’ texts denied permission to appeal – The Guardian

Posted November 17th, 2022 in appeals, conspiracy, gangs, grievous bodily harm, imprisonment, murder, news, sentencing, telecommunications, violence by sally

‘A youth leader who addressed MPs in parliament has been denied permission to appeal against the eight-year sentence he was given for sending text messages as part of a violent conspiracy.’

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The Guardian, 16th November 2022

Source: www.theguardian.com

“Spent” golden contract means enterprise zone allowances disallowed – OUT-LAW.com

Posted November 14th, 2022 in appeals, contracts, corporation tax, income tax, news, taxation, time limits by sally

‘Investors behind the construction of two data centres could not claim Enterprise Zone allowances (EZAs) on the expenditure they incurred because it was deemed to have been incurred under a contract entered into outside of the statutory window for claiming the allowances.’

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OUT-LAW.com, 11th November 2022

Source: www.pinsentmasons.com