OIC mixed claims: 14 months on and still no nearer the Court of Appeal – Legal Futures

Posted August 4th, 2022 in appeals, electronic filing, news, personal injuries, statistics by sally

‘Little progress has been made in the plan to take test cases of so-called mixed claims from the Official Injury Claim (OIC) portal to the Court of Appeal, it admitted yesterday.’

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Legal Futures, 4th August 2022

Source: www.legalfutures.co.uk

Logan Mwangi murder: Craig Mulligan won’t get sentence increased – BBC News

Posted August 4th, 2022 in appeals, murder, news, sentencing, young offenders by sally

‘A teenager who helped murder five-year-old Logan Mwangi before dumping his body in a river will not have his sentence increased.’

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BBC News, 3rd August 2022

Source: www.bbc.co.uk

Court of Appeal rejects as “academic” judicial review claim over ending of ‘Everyone In’ homelessness scheme – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s dismissal of a judicial review challenge to the Government’s decision to end the “Everyone In” initiative that was launched to get rough sleepers off the streets during the pandemic.’

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Local Government Lawyer, 1st August 2022

Source: www.localgovernmentlawyer.co.uk

Archie Battersbee’s life support ‘ending at 11am’ after Supreme Court appeal fails – The Independent

‘The mother of 12-year-old Archie Battersbee said that his life support will be withdrawn at 11am on Wednesday after the family lost a Supreme Court bid to continue his treatment.’

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The Independent, 2nd August 2022

Source: www.independent.co.uk

Whole-life orders only for ‘exceptionally serious cases’, CoA rules – Law Society’s Gazette

Posted August 2nd, 2022 in appeals, murder, news, police, sentencing by sally

‘Whole-life orders should be imposed only in ‘the few exceptionally serious cases’ where a minimum term is not appropriate, the Court of Appeal ruled today in the cases of five killers – including Wayne Couzens, the former Metropolitan Police officer who murdered Sarah Everard.’

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Law Society's Gazette, 29th July 2022

Source: www.lawgazette.co.uk

Goring Gap: High Court overturns 475-home development plan – BBC News

Posted August 2nd, 2022 in appeals, housing, local government, news, parks, planning by sally

‘Plans to build 475 houses in Worthing have been overturned by a High Court judge.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk

Archie Battersbee: Judges reject allowing more time for UN to consider case – BBC News

Posted August 2nd, 2022 in appeals, children, consent, hospitals, medical treatment, news, United Nations by sally

‘A last-minute Court of Appeal hearing has ruled the withdrawal of life support for Archie Battersbee should not be postponed beyond Tuesday.’

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BBC News, 1st August 2022

Source: www.bbc.co.uk

Archie Battersbee’s parents fail in life support bid at supreme court – The Guardian

‘The parents of 12-year-old Archie Battersbee, who was left in a comatose state after suffering brain damage, have failed to persuade the supreme court to intervene in a life support treatment battle.’

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The Guardian, 28th July 2022

Source: www.theguardian.com

Court of Appeal outlines approach advocates and judges should take to requests for clarification of judgments – Local Government Lawyer

‘The Court of Appeal has considered the extent to which judges are required to respond to requests for clarifications in judgments.’

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Local Government Lawyer, 28th July 2022

Source: www.localgovernmentlawyer.co.uk

Wayne Couzens loses appeal against whole-life sentence -Daily Telegraph

Posted July 29th, 2022 in appeals, imprisonment, kidnapping, murder, news, police, rape, sentencing, sexual offences by sally

‘Wayne Couzens is still set to die in prison after he lost his bid to reduce his sentence at the Court of Appeal.’

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Daily Telegraph, 29th July 2022

Source: www.telegraph.co.uk

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

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Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

Windrush man was treated shamefully, appeal judges say – BBC News

Posted July 28th, 2022 in appeals, assault, citizenship, colonies, criminal records, immigration, news by sally

‘A man who travelled to Britain in 1960 when he was three, as part of the Windrush generation, was “shamefully treated”, senior judges have said.’

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BBC News, 28th July 2022

Source: www.bbc.co.uk

Court of Appeal rejects section 3C leave argument in 10 years’ continuous lawful residence claim – EIN Blog

Posted July 26th, 2022 in appeals, immigration, news, notification by sally

‘In this appeal involving indefinite leave to remain (ILR) on the basis of 10 years’ continuous lawful residence and notices, the Court of Appeal held that Mr Marepally whose application for leave to remain had been rejected by a deficient notice, which failed to inform him of his right to appeal, could not rely on section 3C(2)(a) of the Immigration Act 1971 in order to extend his overall period of leave so that he accrued 10 years’ continuous lawful residence. Moreover, the failure to inform him of his right to appeal had caused no injustice as his appeal would have failed in any event. Mr Marepally had a complex immigration history and appealed against the decision that he was not entitled to indefinite leave to remain in the UK. He had entered the UK in February 2009 with entry clearance until 30 April 2014 as a Tier 4 student. Mr Marepally’s leave to remain as a student was curtailed in January 2014, and his application for further leave to remain was rejected. On 29 April 2014 he applied again (unsuccessfully) for leave to remain as a student. His appeal was eventually allowed on 6 May 2016 after which he varied his April 2014 application (on 25 January 2017) by applying for leave to remain as a Tier 5 worker. That application was refused on 29 March 2017, but the notice was deficient and it did not inform him of his right to appeal.’

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EIN Blog, 25th July 2022

Source: www.ein.org.uk

Archie Battersbee: judges deny appeal over decision to stop life support – The Guardian

Posted July 26th, 2022 in appeals, children, consent, hospitals, medical treatment, news by sally

‘The parents of a 12-year-old boy who suffered a “catastrophic” brain injury have been refused permission to appeal against a decision to end his life support treatment.’

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The Guardian, 25th July 2022

Source: www.theguardian.com

New Judgment: HA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) RA (Iraq) (Respondent) v Secretary of State for the Home Department (Appellant) AA (Nigeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2022] UKSC 22 – UKSC Blog

‘These three conjoined appeals concern the statutory regime governing the deportation of foreign criminals under section 117C of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). A “foreign criminal” for the purposes of these appeals is a person who is not a British citizen, is convicted in the UK of an offence, and who is sentenced to a period of imprisonment of at least 12 months. The 2002 Act divides foreign criminals who have been sentenced to terms of imprisonment into two categories. Those sentenced to at least 12 months, but less than four years (“medium offenders”), can avoid deportation if they can establish that its effect on a qualifying child or partner would be “unduly harsh” (“the unduly harsh test”). This is known as Exception 2. Exception 1, which relates to length of lawful residence and integration, is not in issue in this appeal. Those sentenced to at least four years (“serious offenders”) can avoid deportation if they establish that there are “very compelling circumstances, over and above those described in Exceptions 1 and 2” (“the very compelling circumstances test”). Whether deportation would produce unduly harsh effects for a qualifying partner/child is relevant there too.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

New Judgment: Harpur Trust v Brazel [2022] UKSC 21 – UKSC Blog

Posted July 21st, 2022 in appeals, employment, flexible working, holiday pay, news, Supreme Court by sally

‘This appeal concerned the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that year (“part–year workers”).’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

New Judgment: R v Luckhurst [2020] UKSC 23 – UKSC Blog

‘This case concerns whether the Proceeds of Crime Act 2002 (POCA) permits a variation to a restraint order to cover reasonable legal expenses in respect of civil proceedings founded on the same or similar allegations or facts as those giving rise to the making of the restraint order.’

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UKSC Blog, 20th July 2022

Source: ukscblog.com

No diplomatic immunity for actions grounded in modern slavery allegations – UK Human Rights Blog

‘Basfar v Wong [2022] UKSC 20. Judgment here, links to hearings here. The landmark decision handed down on 6 July 2022 by a majority of 3 to 2 in the Supreme Court held that a serving diplomat does not enjoy immunity in an employment tribunal claim grounded in allegations of modern slavery.’

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UK Human Rights Blog, 18th July 2022

Source: ukhumanrightsblog.com

“No claim is unmanageable”: Court of Appeal reinstates huge group action – Legal Futures

Posted July 11th, 2022 in appeals, class actions, damages, foreign jurisdictions, news, pollution by sally

‘The Court of Appeal has reinstated a £5bn claim that a High Court judge struck out because it risked becoming “the largest white elephant in the history of group actions”.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by sally

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk