appeals – Page 5 – Current Awareness

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

Posted January 24th, 2024 in appeals, homelessness, housing, human rights, local government, news, statutory duty, Supreme Court by sally

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk

Criminal review body missed chance to clear Andrew Malkinson in 2013 – The Guardian

Posted January 24th, 2024 in appeals, Criminal Cases Review Commission, DNA, evidence, forensic science, imprisonment, miscarriage of justice, news, rape, sentencing, sexual offences by sally

‘The organisation responsible for investigating miscarriages of justice missed a major opportunity to reconsider Andrew Malkinson’s case, internal documents suggest.’

The Guardian, 24th January 2024

Source: www.theguardian.com

Law reform charity brings tribunal challenge over police forces withholding Prevent data – Local Government Lawyer

Posted January 24th, 2024 in appeals, charities, disclosure, freedom of information, local government, news, police, public interest, terrorism by sally

‘The First Tier Tribunal has heard a Freedom of Information (FOI) appeal over the refusal from police forces to release anonymised data relating to the controversial anti-terrorism programme Prevent.’

Local Government Lawyer, 23rd January 2024

Source: www.localgovernmentlawyer.co.uk

The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

Nearly Legal, 21st January 2024

Source: nearlylegal.co.uk

Judge defines Monster Munch in bizarre ruling on Walkers’ poppadoms – The Independent

Posted January 22nd, 2024 in appeals, food, news, taxation, VAT by tracey

‘A judge has ruled that Walkers’ poppadoms are crisps rather than the popular Indian food, as the company lost at a tax tribunal.’

The Independent, 21st January 2024

Source: www.independent.co.uk

Trade mark ruling ‘first’ showing UK divergence from EU law post-Brexit – OUT-LAW.com

Posted January 19th, 2024 in appeals, brexit, EC law, intellectual property, news, time limits, trade marks by sally

‘A recent Court of Appeal ruling on trade mark infringement is the first clear example of a UK court consciously deciding to depart from a judgment of the Court of Justice of the EU (CJEU)after Brexit, an expert has said.’

OUT-LAW.com, 18th January 2024

Source: www.pinsentmasons.com

A material difference in material contribution claims – Mills & Reeve

Posted January 19th, 2024 in appeals, causation, news, personal injuries by sally

‘If you’ve ever felt perplexed by the concept of material contribution or its treatment of divisible and indivisible injuries, you’re not alone.’

Mills & Reeve, 18th January 2024

Source: www.mills-reeve.com

Two men jailed on racist police officer’s evidence have convictions overturned – The Guardian

Posted January 19th, 2024 in appeals, corruption, Criminal Cases Review Commission, criminal justice, imprisonment, miscarriage of justice, news, police, professional conduct, racism, theft by sally

‘Two men who were framed by a racist and corrupt detective for the same offence he was later jailed for have had their convictions posthumously quashed by the court of appeal 46 years later.’

The Guardian, 18th January 2024

Source: www.theguardian.com

CA allows representative action against IP law firm to go ahead – Legal Futures

Posted January 19th, 2024 in appeals, class actions, compensation, intellectual property, law firms, news by sally

‘The Court of Appeal has given the green light to a representative action against IP law firm Marks & Clerk (M&C) that alleges it “grossly overcharged” thousands of small businesses by operating a “secret commissions scheme” with IP management business CPA Global.’

Legal Futures, 19th January 2024

Source: www.legalfutures.co.uk

Supreme Court refuses permission to appeal rejection of vicarious liability claim against school over abuse by work placement individual – Local Government Lawyer

Posted January 19th, 2024 in appeals, child abuse, employment, local government, news, school children, sexual grooming, sexual offences, Supreme Court, teachers, vicarious liability by sally

‘The Supreme Court has refused a claimant permission to appeal over the Court of Appeal’s dismissal of her claim that a school was vicariously liable for sexual abuse by an individual who had undertaken a work experience placement.’

Local Government Lawyer, 18th January 2024

Source: www.localgovernmentlawyer.co.uk

Courts “could cope” with large number of Post Office appeals, says LCJ – Legal Futures

Posted January 17th, 2024 in appeals, bills, computer programs, courts, fraud, government departments, judges, miscarriage of justice, news, postal service, select committees, theft by sally

‘The courts “could cope” with a large volume of criminal appeals in the wake of the Post Office scandal, the Lady Chief Justice told MPs yesterday.’

Legal Futures, 17th January 2024

Source: www.legalfutures.co.uk

Planning Inspectorate to stop accepting comments on appeals via email in bid to “streamline” process – Local Government Lawyer

Posted January 17th, 2024 in appeals, electronic mail, enforcement, local government, news, planning by sally

‘The Planning Inspectorate has said it will stop accepting comments on planning and enforcement appeals via email in order to streamline the process both for the inspectorate and local planning authorities.’

Local Government Lawyer, 17th January 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal moves to reaffirm “wide and flexible powers” of family court in care case – Local Government Lawyer

Posted January 15th, 2024 in appeals, care orders, children, coercive & controlling behaviour, domestic violence, families, family courts, injunctions, news by tracey

‘The Court of Appeal has allowed a Guardian’s appeal against a family judge’s conclusion that she did not have jurisdiction to grant an injunction.’

Local Government Lawyer, 12th January 2024

Source: www.localgovernmentlawyer.co.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

Posted January 12th, 2024 in appeals, bereavement, damages, doctors, duty of care, families, news, personal injuries, psychiatric damage, Supreme Court by sally

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

EAT rejects barrister’s appeal over £3m claim against chambers – Legal Futures

Posted January 11th, 2024 in appeals, barristers, belief discrimination, employment tribunals, equality, news, time limits by sally

‘The Employment Appeal Tribunal (EAT) has rejected an appeal from a barrister expelled from chambers after posting a tweet about a “stroppy teenager of colour”.’

Legal Futures, 11th January 2024

Source: www.legalfutures.co.uk

A blow – possibly fatal – to the IWGB’s quest for union recognition with Deliveroo – Cloisters

Posted January 10th, 2024 in appeals, chambers articles, contract of employment, employment, human rights, judicial review, news, Supreme Court, trade unions by sally

‘On 21 November 2023, the Supreme Court handed down its long-awaited judgment in the Deliveroo case, dismissing the appeal of the IWGB trade union. The Court confirmed that the union is not entitled to apply for statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) because its members, Deliveroo’s delivery riders (“the Riders”), are not workers within the autonomous concept under article 11 of the European Convention on Human Rights (“ECHR”).’

Cloisters, 27th November 2024

Source: www.cloisters.com

Court of Appeal examines procedural unfairness in EEA family permit case and holds FTT acted unfairly on remittances – EIN Blog

Posted January 10th, 2024 in appeals, families, government departments, immigration, news by sally

‘The Court of Appeal has held that the FTT had acted unfairly during the hearing of an appeal against the SSHD’s refusal of Dahir Elmi Abdi, Ubah Elmi Abdi and Mahrez Sharif Hassan’s applications for EEA family permits by failing to give them and their brother Ashkir Elmi Abdi, an EEA national on whom they claimed to be financially dependent, an opportunity to address the point on which it dismissed their appeal, i.e. the remittances demonstrating dependence did not come from him, based on a calculation showing that his declared income in the UK could not have supported the amounts he claimed to have sent, and therefore they were not financially dependent on him.’

EIN Blog, 10th January 2024

Source: www.ein.org.uk

Gas drilling at site in Jeremy Hunt’s Surrey constituency given green light – The Guardian

Posted January 10th, 2024 in appeals, energy, environmental protection, government departments, judicial review, miners, news, planning by sally

‘Gas drilling at a site in the Surrey Hills can go ahead after the court of appeal ruled that no further attempts to stop the project could be brought to court.’

The Guardian, 9th January 2023

Source: www.theguardian.com

Interim removal of children – Local Government Lawyer

Posted January 8th, 2024 in appeals, care orders, children, drug abuse, families, local government, news by tracey

‘A recent Court of Appeal authority is a useful case for family practitioners to have in their toolkit, particularly those representing parents facing applications for interim removal of their children, writes Malvika Jaganmohan.’

Local Government Lawyer, 5th January 2024

Source: www.localgovernmentlawyer.co.uk

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