Julian Assange denied permission to appeal against extradition – BBC News
‘The Supreme Court has refused to allow Julian Assange his latest appeal against extradition to the US.’
BBC News, 14th March 2022
Source: www.bbc.co.uk
Category: appeals
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.’
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
‘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.’
Local Government Lawyer, 11th March 2022
Source: www.localgovernmentlawyer.co.uk
CA upholds ban on solicitor taking assignment of client’s action – Legal Futures
‘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.’
Legal futures, 14th March 2022
Source: www.legalfutures.co.uk
Court of Appeal declines to ‘develop’ common law of champerty – Law Society’s Gazette
‘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.” ’
Law Society's Gazette, 14th March 2022
Source: www.lawgazette.co.uk
Capacity to litigate – Family Law
‘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.’
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.’
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.’
Practical Law: Construction Blog, 2nd March 2022
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.’
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.’
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.’
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.’
UKSC Blog, 25th February 2022
Source: ukscblog.com
Houghton-le-Spring killer driver’s jail sentence review withdrawn – BBC News
‘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.’
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
‘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.’
UKSC Blog, 24th February 2022
Source: ukscblog.com
Case Preview: Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another – UKSC Blog
‘In this post, Andre Anthony, a senior associate in the Tax team at CMS, previews the decision awaited from the UK Supreme Court in Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another EWCA Civ 663. The appeal was heard by the Supreme Court on 25 and 26 January 2022. The Supreme Court was asked to consider whether accounting debits relating to the grant of share options to employees are a deductible expense for corporation tax purposes.’
UKSC Blog, 21st February 2022
Source: ukscblog.com
Bloombery v ZXC – the Supreme Court decides – Panopticon
‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’
Panopticon, 21st February 2022
Source: panopticonblog.com
Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog
‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. 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.’
UK Human Rights Blog, 21st February 2022
Source: ukhumanrightsblog.com
Solicitor overturns disciplinary tribunal’s dishonesty finding – Legal Futures
‘A solicitor suspended for a year after a tribunal ruled he had acted dishonestly in signing a declaration on behalf of one of his firm’s directors has successfully challenged the decision.’
Legal Futures, 21st February 2022
Source: www.legalfutures.co.uk
