Legal challenge to hotel quarantine policy goes to Court of Appeal – BBC News

Posted December 10th, 2021 in appeals, coronavirus, government departments, health, holidays, hotels, judicial review, news by michael

‘A legal challenge to the Government’s mandatory quarantine hotel policy is to be taken to the Court of Appeal.’

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BBC News, 9th December 2021

Source: www.bbc.co.uk

New Judgment: R (on the application of Association of Independent Meat Suppliers and another) v Food Standards Agency [2021] UKSC 54 – UKSC Blog

Posted December 9th, 2021 in appeals, EC law, food, food hygiene, news, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerned the operation of the European Union (“EU”) system for the inspection of meat products to ensure that proper health and safety standards are maintained. The facts of the case arose at a time when, pursuant to the Brexit transition arrangements, EU law was applicable. In 2019, the Supreme Court made a reference to the Court of Justice of the European Union (“CJEU”) on this issue, and the CJEU has now delivered its judgment. The Supreme Court now determines this appeal based on that judgment.’

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UKSC Blog, 8th December 2021

Source: ukscblog.com

US Woman Wins Deportation Appeal Having Lived in the UK for 53 Years – EIN Blog

Posted December 8th, 2021 in appeals, deportation, drug offences, government departments, health, immigration, news by sally

‘Polly Gordon is a US national who has been living in the UK for over 53 years, having moved here in her early 20’s. She gained Indefinite Leave to Remain in 1977. In July 2019, she received a 12-month sentence from the Edinburgh Sheriff’s Court after she was found to have supplied a controlled drug, as a result of which the Home Office sought her deportation under section 32(5) of the UK Borders Act 2007.’

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EIN Blog, 7th December 2021

Source: www.ein.org.uk

The future of class actions after Lloyd – Law Society’s Gazette

Posted December 6th, 2021 in appeals, class actions, compensation, damages, data protection, news, Supreme Court by sally

‘On 10 November, the Supreme Court handed down its long-awaited decision in Lloyd v Google LLC [2021] UKSC 50. The court found unanimously for Google, overturning the Court of Appeal. Mr Lloyd’s claim will not now proceed (at least as currently formulated).’

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Law Society's Gazette, 6th December 2021

Source: www.lawgazette.co.uk

Owners of flats near Tate Modern take privacy case to supreme court – The Guardian

Posted December 6th, 2021 in appeals, housing, news, nuisance, planning, privacy, Supreme Court by sally

‘On one side is Tate Modern. On the other are the owners of nearby luxury apartments objecting to what they regard as the prying eyes of visitors enjoying a viewing platform at Britain’s most visited gallery.’

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The Guardian, 6th December 2021

Source: www.theguardian.com

Exaggerations and fundamental dishonesty – Local Government Lawyer

‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Meghan Markle: Mail on Sunday loses appeal in privacy battle over letter to estranged father – The Independent

Posted December 2nd, 2021 in appeals, media, news, privacy, royal family by sally

‘The publisher of the Mail on Sunday has lost a legal battle to overturn a High Court ruling on its publication of a letter written by Meghan Markle to her estranged father.’

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The Independent, 2nd December 2021

Source: www.independent.co.uk

Court of Appeal on time of demands and legal costs in service charges – Nearly Legal

Posted December 1st, 2021 in appeals, costs, housing, landlord & tenant, leases, news, service charges, tribunals by sally

‘A second appeal to the Court of Appeal from the Upper Tribunal on a service charge dispute – a decision we briefly noted as Kensquare Ltd v Adwoa & Anor here. There were two main issues, both of some significance, but the one on the recovery of freeholder’s costs of FTT proceedings through the service charge is likely to be of the broader importance.’

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Nearly Legal, 30th November 2021

Source: nearlylegal.co.uk

Mother jailed for harming baby hits out at ‘unjust’ appeal ruling – The Guardian

‘A mother jailed for harming her baby has accused the courts of “injustice” after judges accepted she was a victim of abuse but ruled against an application for an appeal against her conviction made on the grounds that her violent ex-partner coerced her to lie at her trial.’

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The Guardian, 1st December 2021

Source: www.theguardian.com

Court of Appeal rejects appeal in homelessness case over level of inquiries made – Local Government Lawyer

Posted November 30th, 2021 in appeals, homelessness, housing, local government, news, reasons by sally

‘The Court of Appeal has dismissed a claim that a London borough made insufficient inquiries into the reason why an appellant was homeless.’

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Local Government Lawyer, 29th November 2021

Source: www.localgovernmentlawyer.co.uk

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

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UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Man-shed miscalculated – Local Government Lawyer

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

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Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Ex-barrister wins appeal over first-ever life sentence for perverting justice – Legal Futures

‘A former barrister who received the first-ever life sentence for perverting the course of justice, over claims she made against another barrister, has won her appeal against sentence.’

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Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in appeals, class actions, compensation, competition, news, tribunals by sally

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

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The Independent, 29th November 2021

Source: www.independent.co.uk

Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent

‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’

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The Independent, 28th November 2021

Source: www.independent.co.uk

Supreme Court hands down landmark ruling on capacity to consent to sexual relations – Local Government Lawyer

‘The Supreme Court has upheld a Court of Appeal decision that to have capacity to have sexual relations with another person, a person needs be aware that their partner must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity.’

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Local Government Lawyer, 24th November 2021

Source: www.localgovernmentlawyer.co.uk

‘Pressing need’ for guidance on judicial visits in CoP – McFarlane – Law Society’s Gazette

‘There is a “pressing need” for the Court of Protection to develop guidance for practitioners and judges on judicial visits to the subject of proceedings, the president of the Family Division has said. A decision that it was in the best interests of a 56-year-old woman, described as “the most complex Covid patient in the world”, to have life-sustaining treatment withdrawn was overturned today because of possible procedural unfairness in relation to the judge’s visit to see her in hospital.’

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Law Society's Gazette, 25th November 2021

Source: www.lawgazette.co.uk

New Judgment: A Local Authority v JB (by his Litigation Friend, the Official Solicitor) [2021] UKSC 52 – UKSC Blog

‘The Respondent commenced proceedings in the Court of Protection seeking declarations under the Mental Capacity Act 2005 as to the Appellant’s capacity to consent to sexual relations. A question arose as to whether the judge should have regard to whether they had capacity to understand that the other person involved must give consent, and did in fact give and maintain consent throughout the act. The judge found that this was not relevant information for the purposes of determining if an individual had capacity to consent to sexual relations under the Act.’

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UKSC Blog, 24th November 2021

Source: ukscblog.com

High Court judge rejects appeal by couple over listing of property as two self-contained units for purposes of council tax – Local Government Lawyer

Posted November 25th, 2021 in appeals, council tax, housing, local government, news, valuation by sally

‘A couple has lost a High Court appeal over a council tax valuation dispute with Oxford City Council.’

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Local Government Lawyer, 25th November 2021

Source: www.localgovernmentlawyer.co.uk

Detention of a minor for his own protection – round two – UK Human Rights Blog

‘The Court of Appeal has recently upheld the High Court decision that Section 38 of the Police and Criminal Evidence Act 1984 (“PACE”) is not incompatible with Article 5 of the European Convention on Human Rights (“ECHR”) insofar as it purports to authorise the detention of minors for their own protection, in the case of Archer v Commissioner of Police of the Metropolis [2021] EWCA Civ 1662.’

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UK Human Rights Blog, 23rd November 2021

Source: ukhumanrightsblog.com