Firm to take champerty case to Supreme Court – Law Society’s Gazette

Posted March 18th, 2022 in appeals, assignment, champerty, law firms, news, solicitors, Supreme Court by tracey

‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’

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Law Society's Gazette, 17th March 2022

Source: www.lawgazette.co.uk

BT asks Court of Appeal to amend second-ever CPO – Law Society’s Gazette

Posted March 16th, 2022 in appeals, class actions, compensation, news, telecommunications by tracey

‘Telecoms giant BT today asked the Court of Appeal to amend the second collective proceedings order (CPO) granted in the UK in order to make it an ‘opt-in’ claim.’

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Law Society's Gazette, 15th March 2022

Source: www.lawgazette.co.uk

Breaking: Supreme Court backs solicitors over right to recover costs – Law Society’s Gazette

Posted March 16th, 2022 in airlines, appeals, compensation, costs, delay, law firms, news, solicitors, Supreme Court by tracey

‘Solicitors handling flight compensation claims had a right to their costs despite the airline trying to deal directly with their clients, the Supreme Court has ruled.’

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Law Society's Gazette, 16th March 2022

Source: www.lawgazette.co.uk

Mother of murdered toddler Star Hobson has sentence increased – The Guardian

‘The mother of Star Hobson has had her prison sentence for her role in the toddler’s death increased by four years.’

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The Guardian, 15th March 2022

Source: www.theguardian.com

Court upholds ruling that Northern Ireland Protocol is lawful – The Independent

Posted March 15th, 2022 in appeals, brexit, international trade, news, Northern Ireland by tracey

‘The Northern Ireland Protocol is lawful, the Court of Appeal in Belfast has upheld. DUP leader Sir Jeffrey Donaldson said the legal challenge will now go to the Supreme Court.’

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The Independent, 14th March 2022

Source: www.independent.co.uk

Julian Assange denied permission to appeal against extradition – BBC News

Posted March 15th, 2022 in appeals, computer crime, extradition, news, Supreme Court by tracey

‘The Supreme Court has refused to allow Julian Assange his latest appeal against extradition to the US.’

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BBC News, 14th March 2022

Source: www.bbc.co.uk

Star Hobson’s mother Frankie Smith to have sentence for toddler’s death reviewed – The Independent

‘The mother of Star Hobson could have her eight-year jail term for causing or allowing the toddler’s death increased by Court of Appeal judges.’

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The Independent, 15th March 2022

Source: www.independent.co.uk

Mayor of Greater Manchester defeats High Court challenge over bus franchising and impact of pandemic – Local Government Lawyer

Posted March 14th, 2022 in appeals, contracting out, coronavirus, local government, news, transport by tracey

‘Two bus operators have lost a High Court challenge to the decision by Andy Burnham, elected mayor of Greater Manchester, to proceed with bus franchising.’

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Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

CA upholds ban on solicitor taking assignment of client’s action – Legal Futures

Posted March 14th, 2022 in appeals, assignment, champerty, law firms, news, solicitors by tracey

‘The public policy behind the ban on a solicitor taking an assignment of their client’s cause of action prior to judgment holds good in the era of damages-based agreements (DBAs), the Court of Appeal has ruled.’

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Legal futures, 14th March 2022

Source: www.legalfutures.co.uk

Court of Appeal declines to ‘develop’ common law of champerty – Law Society’s Gazette

Posted March 14th, 2022 in appeals, assignment, champerty, law firms, news, solicitors by tracey

‘A London law firm has lost an appeal over the assignment of a now-deceased client’s claim to his solicitors, with the Court of Appeal confirming that “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” ’

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Law Society's Gazette, 14th March 2022

Source: www.lawgazette.co.uk

Capacity to litigate – Family Law

Posted March 11th, 2022 in appeals, Court of Protection, judges, mental health, news by tracey

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

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Family Law, 10th March 2022

Source: www.familylaw.co.uk

Property Guardians and HMOs – they are, you know – Nearly Legal

‘Global 100 Ltd v Jimenez & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER – “property guardians”) (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835 (our note), appealed a First Tier Tribunal decision that a commercial office building, in which 10-12 guardians were living, was an unlicensed HMO and rent repayment orders followed.’

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Nearly Legal, 2nd March 2022

Source: nearlylegal.co.uk

Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

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Practical Law: Construction Blog, 2nd March 2022

Source: constructionblog.practicallaw.com

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

English appeal court rules on assessment of indirect emissions in consent applications – OUT-LAW.com

‘Applications for planning permission for projects in England and Wales will need to provide “utmost clarity” on their potential indirect environmental impacts in the wake of a new court judgment.’

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OUT-LAW.com, 1st March 2022

Source: www.pinsentmasons.com

Supreme Court to hear appeal over ruling by coroner that Article 2 ECHR not engaged where vulnerable woman died – Local Government Lawyer

‘The Supreme Court has granted permission to appeal over a coroner’s ruling that Article 2 of the European Convention on Human Rights (Right to life) was not engaged in a case where a vulnerable, 52-year-old woman with Down’s syndrome and learning disabilities died.’

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Local Government Lawyer, 1st March 2022

Source: www.localgovernmentlawyer.co.uk

Case Comment: Bloomberg LP v ZXC [2022] UKSC 5 – UKSC Blog

‘In this post, Jessica Eaton, an associate in the litigation team at CMS, comments on the Supreme Court’s decision in the Bloomberg LP v ZXC [2022] UKSC 5, case which cojeet_lthumbncerned the right to privacy in the context of a criminal investigation.’

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UKSC Blog, 25th February 2022

Source: ukscblog.com

SDT, BTAS and other tribunals face hefty bills after appeal court ruling – Legal Futures

Posted February 28th, 2022 in appeals, barristers, contract of employment, employment, employment tribunals, news by sally

‘The Court of Appeal has upheld a ruling that a barrister who sat as a tribunal chair for the Nursing and Midwifery Council (NMC) was a “worker” and entitled to sickness and holiday pay.’

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Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

Houghton-le-Spring killer driver’s jail sentence review withdrawn – BBC News

Posted February 28th, 2022 in appeals, dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A driver’s jail sentence for killing a mother in a crash during a police chase will no longer be reviewed to determine whether it was too lenient.’

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BBC News, 27th February 2022

Source: www.bbc.co.uk

New Judgment: Craig (AP) v Her Majesty’s Advocate (for the Government of the United States of America) and another (Scotland) [2022] UKSC 6 – UKSC Blog

Posted February 25th, 2022 in appeals, extradition, fraud, human rights, news, Scotland, sentencing, Supreme Court by sally

‘The appellant is a British citizen living in Scotland. In May 2017, the US Government made a request for his extradition to the US, where he is accused of committing an offence relating to securities fraud.’

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UKSC Blog, 24th February 2022

Source: ukscblog.com