Prisoners denied access to forensic evidence in bid to prove their innocence – The Guardian

‘Prisoners convicted of serious crimes who may be the victims of miscarriages of justice are being blocked from access to crucial forensic information that could prove their innocence, experts have warned.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

Parents of brain-damaged 12-year-old boy set for latest stage of legal battle – The Independent

Posted July 11th, 2022 in appeals, children, doctors, families, family courts, medical treatment, news by sally

‘The parents of a 12-year-old boy who suffered brain damage three months ago are preparing for the latest stage of a life-support treatment battle. Hollie Dance and Paul Battersbee are hoping a High Court judge will rule that doctors should keep providing treatment to their son Archie Battersbee, after reviewing evidence.’

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The Independent, 11th July 2022

Source: www.independent.co.uk

Kettering deaths inquest: Maddie Durdant-Hollamby was unlawfully killed – BBC News

Posted July 8th, 2022 in appeals, domestic violence, inquests, news, suicide, unlawful killing by sally

‘A woman was repeatedly stabbed in the chest by her “jealous” boyfriend who then took his own life, an inquest has heard.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

Case Preview: Hillside Parks Limited v Snowdonia National Park Authority – UKSC Blog

Posted July 8th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘In this post, Sam Porter, an Associate in the Planning team at CMS, previews the upcoming Supreme Court decision in the case of Hillside Parks Limited v Snowdonia National Park Authority UKSC 2020/0211. The case was heard on 4 July 2022.’

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UKSC Blog, 7th July 2022

Source: ukscblog.com

Defendant DBAs are unlawful, Court of Appeal rules – Legal Futures

Posted July 8th, 2022 in appeals, damages, fees, news, solicitors by sally

‘An agreement that a defendant will pay their solicitors a percentage of any sums they successfully resist having to pay the claimant is unlawful and unenforceable, the Court of Appeal has ruled.’

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Legal Futures, 7th July 2022

Source: www.legalfutures.co.uk

Judges allow appeal by council over affordability and non-payment of rent – Local Government Lawyer

‘It was not unlawful for a Royal Borough of Kingston Upon Thames reviewing officer to conclude that an applicant was intentionally homeless because her previous rent had been affordable but had not been paid.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

No diplomatic immunity in modern slavery cases, Supreme Court rules – BBC News

‘The UK Supreme Court has ruled that diplomats cannot hide behind immunity to exploit workers, in a victory for campaigners against modern slavery.’

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BBC News, 7th July 2022

Source: www.bbc.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

Tech platforms face UK ban on blocking news providers before appeal – The Guardian

Posted July 8th, 2022 in appeals, bills, freedom of expression, internet, media, news by sally

‘Tech platforms will be barred from taking down news content in the UK until an appeal has been heard against the decision, ministers have said.’

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The Guardian, 7th July 2022

Source: www.theguardian.com

New Judgment: Basfar v Wong [2022] UKSC 20 – UKSC Blog

‘The Appellant (a national of the Philippines) is a migrant domestic worker who worked in the household of the Respondent, a diplomat representing the Kingdom of Saudi Arabia in the United Kingdom. Ms Wong claims to be a victim of human trafficking who was forced to work for Mr Basfar and his family in circumstances of modern slavery after they brought her with them to the UK in August 2016.’

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UKSC Blog, 6th July 2022

Source: ukscblog.com

Colonel Gaddafi aide cannot challenge PC Yvonne Fletcher ruling – BBC News

Posted July 7th, 2022 in appeals, homicide, joint liability, Libya, news, police by sally

‘A former aide to ex-Libyan leader Colonel Gaddafi has lost a bid to challenge a judge’s conclusion he was jointly responsible for the killing of police officer Yvonne Fletcher in 1984.’

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BBC News, 6th July 2022

Source: www.bbc.co.uk

Grandmother secures fresh hearing after Court of Appeal finds process that led to placement order deficient – Local Government Lawyer

Posted July 7th, 2022 in appeals, fostering, grandparents, news, placement orders by sally

‘An appeal from the Family Court at Liverpool must be allowed even though it would leave a boy aged two in a foster placement where he has already spent all his life, the Court of Appeal has ruled.’

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Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 – UK Human Rights Blog

‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’

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UK Human Rights Blog, 4th July 2022

Source: ukhumanrightsblog.com

Law firm overturns costs bill misconduct ruling – Legal Futures

‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’

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Legal Futures, 4th July 2022

Source: www.legalfutures.co.uk

FTH v Varis Developments – adjudication and insolvency meet head on again – Practical Law: Construction Blog

‘In its decision in Bresco v Lonsdale, the Supreme Court confirmed that insolvent companies have the statutory and contractual right to adjudicate construction disputes, even if that claim is affected by insolvency set-off.’

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Practical Law: Construction Blog , 29th June 2022

Source: constructionblog.practicallaw.com

Archie Battersbee parents win appeal to reconsider case – BBC News

Posted June 30th, 2022 in appeals, children, consent, medical treatment, news by sally

‘The parents of a 12-year-old boy at the centre of a life support dispute have won an appeal for his case to be heard again.’

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BBC News, 29th June 2022

Source: www.bbc.co.uk

Court of Appeal upholds High Court decision limiting private law actions in pollution disputes – Local Government Lawyer

‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’

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Local Government Lawyer, 28th June 2022

Source: www.localgovernmentlawyer.co.uk

Court of Appeal Refuses Permission to Judicially Review Infected Blood Compensation Scheme – Quarterly Medical Law Review

‘In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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Quarterly Medical Law Review , 24th June 2022

Source: 1corqmlr.com

Not incidental enough – Nearly Legal

Posted June 24th, 2022 in appeals, costs, housing, landlord & tenant, leases, news, service charges by sally

‘Mayor and Burgesses of the London Borough of Tower Hamlets v Khan (2022) EWCA Civ 831. A Court of Appeal judgment on whether a freeholder, LB Tower Hamlets, was entitled to contractual legal costs under the lease, following a money claim for unpaid service charges.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk

We don’t need no tariffs – Nearly Legal

Posted June 24th, 2022 in appeals, damages, housing, landlord & tenant, news, rent, repairs, repossession by sally

‘Khan v Mehmood (2022) EWCA Civ 791 (Housing Law Practitioners Association intervening). This was, it has to be said, in part a rather odd appeal to the Court of Appeal. The background was a rent arrears possession claim by Ms Khan and a defence and disrepair counterclaim by the tenant, Mr Mehmood. At trial, Ms Khan did not appear and was not represented. The possession claim was dismissed and a judgment on the counterclaim made for damages equating 50% of rent for the period 2007 to 2014 (date of trial) (plus return of deposit and penalty for failure to protect). The District Judge added the Simmons v Castle 10% uplift to the disrepair general damages.’

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Nearly Legal, 21st June 2022

Source: nearlylegal.co.uk