Category: appeals

Akinsanya judgment in Court of Appeal: Home Secretary must re-think EUSS rules for Zambrano carers – EIN Blog

Posted January 26th, 2022 in appeals, carers, children, EC law, government departments, immigration, news by sally

‘The Court of Appeal has dismissed the Home Secretary’s appeal in Akinsanya, finding that she misinterpreted UK law when setting the Immigration Rules for Zambrano carers under the EU Settlement Scheme (‘EUSS’). The result is that she will now need to reconsider, and potentially redraft, the EUSS Rules as they relate to Zambrano carers. This could have a positive impact on thousands of parents of British citizen children in the UK.’

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EIN Blog, 25th January 2022

Source: www.ein.org.uk

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

Posted January 24th, 2022 in appeals, damages, limitations, negligence, news, personal injuries, psychiatric damage, statutory duty, Supreme Court, victims by sally

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Financial Remedy Update, January 2022 – Family Law Week

Posted January 24th, 2022 in appeals, children, divorce, families, family courts, interception, news, telecommunications by sally

‘Stephanie Hawthorn and Abigail Pearse, associates, and Rob Jackson, trainee solicitor, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during December 2021.’

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Family Law Week, 19th January 2022

Source: www.familylawweek.co.uk

Court of appeal to hear challenge over media ban from Prince Philip’s will court case – The Guardian

Posted January 24th, 2022 in appeals, media, news, reporting restrictions, royal family, wills by sally

‘A legal challenge over a decision to ban media organisations from a court case about the Duke of Edinburgh’s will is to be heard by the court of appeal.’

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The Guardian, 24th January 2022

Source: www.theguardian.com

Liverpool bomber papers raise fresh questions for Home Office – BBC News

Posted January 24th, 2022 in appeals, asylum, explosives, government departments, immigration, news, terrorism by sally

‘New details have emerged about the Liverpool bomber Emad Al Swealmeen’s failed asylum attempts – and the false information he used to make his cases.’

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BBC News, 24th January 2022

Source: www.bbc.co.uk

Court of Appeal rules equity partner’s demotion was not conduct extending over a period but a one-off act with continuing consequences – Farrar’s Building

Posted January 21st, 2022 in accountants, age discrimination, appeals, employment, employment tribunals, equality, equity, news, retirement by sally

‘Claimants wishing to bring a discrimination claim under the Equality Act 2010 must do so within 3 months of the discriminatory conduct. Claimants can bring their claim in respect of conduct extending beyond 3 months if the conduct was a sequence of events and the last chain in the event occurred within 3 months of the claim. But when is conduct extending over a period and when is the conduct simply a one-off act with continuing consequences? In Parr v MSR Partners LLP (Formerly Moore Stephens LLP) and Others [2022] EWCA Civ 24, the Court of Appeal held that an equity partner’s demotion to salaried partner was not a continuing act even if he suffered losses many years after the demotion. The demotion was the point at which limitation ran.’

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Farrar's Building, 19th January 2022

Source: www.farrarsbuilding.co.uk

Ben John: Extremist ordered to read books is jailed – BBC News

Posted January 20th, 2022 in appeals, attorney general, imprisonment, news, sentencing, suspended sentences, terrorism by sally

‘A man told by a judge to read classic literature after being found guilty of a terrorism offence will be jailed after a suspended sentence was quashed.’

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BBC News, 19th January 2022

Source: www.bbc.co.uk

Neo-Nazi terror offender ordered to read Jane Austen ‘resumed interest in far-right extremism within days’, court told – The Independent

Posted January 19th, 2022 in appeals, artistic works, attorney general, news, sentencing, suspended sentences, terrorism by michael

‘A neo-Nazi terror offender who was spared jail and ordered to read Jane Austen resumed his interest in far-right extremism within days, a court has heard.’

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The Independent, 19th January 2022

Source: www.independent.co.uk

Bus driver who lost job for ‘being too short’ reinstated after appeal – The Independent

Posted January 19th, 2022 in appeals, employment, health & safety, news, transport, unfair dismissal by michael

‘A woman who was dismissed from her job as a bus driver for “being too short” has been reinstated, the bus operator said.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Negligence claim brought over negligence claim to proceed – Legal Futures

Posted January 18th, 2022 in appeals, legal advice, negligence, news, sale of land, summary judgments, valuation by sally

‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’

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Legal futures, 18th January 2022

Source: www.legalfutures.co.uk

Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by sally

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174 – Family Law

Posted January 17th, 2022 in appeals, children, contact orders, families, news by sally

‘Maria Scotland appeared for the appellant in the recently reported case of Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174. In this article, Maria discusses the guidance that this case offers in relation to supervised contact and updating the Re P guidance on the making of a s.91(14) order.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land – Local Government Lawyer

Posted January 14th, 2022 in appeals, injunctions, local government, news, travellers, trespass by sally

‘A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.’

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Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

Meta faces billion-pound class-action case – BBC News

Posted January 14th, 2022 in appeals, class actions, competition, damages, data protection, internet, news, privacy by sally

‘Up to 44 million UK Facebook users could share £2.3bn in damages, according to a competition expert intending to sue parent company Meta.’

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BBC news, 14th January 2022

Source: www.bbc.co.uk

Star Hobson killing: mother’s sentence referred to court of appeal – The Guardian

Posted January 13th, 2022 in appeals, causing death of children or vulnerable adults, child abuse, news, sentencing by sally

‘The eight-year jail sentence handed to Frankie Smith for causing or allowing the death of her toddler daughter, Star Hobson, has been referred to the court of appeal.’

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The Guardian, 12th January 2022

Source: www.theguardian.com

Supreme Court to hear case on planning conditions and dedication of highways – Local Government Lawyer

Posted January 11th, 2022 in appeals, local government, news, planning, road safety, roads, Supreme Court by sally

‘The Supreme Court has given Swindon Borough Council permission to appeal in a case about whether a planning condition can require the dedication of a highway.’

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Local Government Lawyer, 10th January 2022

Source: www.localgovernmentlawyer.co.uk

Bennell victims to appeal after losing High Court case against Manchester City – The Independent

Posted January 11th, 2022 in appeals, child abuse, news, sexual offences, sport, victims by sally

‘Eight men who were abused by paedophile Barry Bennell more than 30 years ago have said they will appeal after losing a High Court case against Manchester City.’

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The Independent, 10th January 2022

Source: www.independent.co.uk

Gay marriage-cake case declared inadmissible by Strasbourg Court – UK Human Rights Blog

Posted January 10th, 2022 in appeals, Christianity, food, freedom of expression, homosexuality, news, Northern Ireland, references to European Court, sexual orientation discrimination by sally

‘Lee v. the United Kingdom (application no. 18860/19). The European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com

One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog

Posted January 10th, 2022 in appeals, human rights, news, Northern Ireland, Supreme Court, torture by sally

‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’

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UK Human Rights Blog, 7th January 2022

Source: ukhumanrightsblog.com