No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

Full Story

Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Former postman wrongfully convicted of attempted rape to sue police force over forensic failings – The Independent

‘A former postman who was wrongly convicted of attempted rape is suing West Mercia police after it emerged that the force had failed to detect another man’s DNA on the victim’s clothing.’

Full Story

The Independent, 28th November 2018

Source: www.telegraph.co.uk

Solicitors win on appeal over status of costs bills – Law Society’s Gazette

Posted November 28th, 2018 in appeals, costs, law firms, news by tracey

‘The Court of Appeal has allowed a challenge from a law firm whose former clients wanted a full assessment of more than £200,000 in billed costs. Lord Justice Newey overturned a High Court ruling which had held that a statute bill served by a law firm should contain details of disbursements.’

Full Story

Law Society's Gazette, 28th November 2018

Source: www.lawgazette.co.uk

Terminally ill Noel Conway loses Supreme Court appeal – BBC News

Posted November 28th, 2018 in appeals, assisted suicide, human rights, news, Supreme Court by tracey

‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’

Full Story

BBC News, 27th November 2018

Source: www.bbc.co.uk

Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog

Posted November 27th, 2018 in appeals, Commercial Court, construction industry, contracts, fire, insurance, news by tracey

‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’

Full Story

Practical Law: Construction Blog, 23rd November 2018

Source: constructionblog.practicallaw.com

A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog

‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’

Full Story

UK Human Rights Blog, 26th November 2018

Source: ukhumanrightsblog.com

What is ‘substantial injustice’ for the purposes of a criminal case review? – UK Human Rights Blog

‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’

Full Story

UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

Full Story

UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

Full Story

Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Facebook appeals against Cambridge Analytica fine – BBC News

Posted November 23rd, 2018 in appeals, data protection, fines, internet, news, ombudsmen, privacy by sally

‘Facebook has appealed against a fine imposed on it by the UK’s data watchdog after the Cambridge Analytica scandal.’

Full Story

BBC News, 21st November 2018

Source: www.bbc.co.uk

Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law

‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Improvement clauses needing improvement – Nearly Legal

Posted November 23rd, 2018 in appeals, drafting, housing, injunctions, landlord & tenant, news, repairs by sally

‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’

Full Story

Nearly Legal, 22nd November 2018

Source: nearlylegal.co.uk

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

Full Story

Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

Facebook to lodge appeal against ICO’s £500,000 fine – The Guardian

Posted November 22nd, 2018 in appeals, data protection, fines, internet, news by tracey

‘Facebook is lodging an appeal against the record fine of £500,000 levied against it by the Information Commissioner’s Office in the UK, arguing that the penalty “challenges some of the basic principles of how people should be allowed to share information online”.’

Full Story

The Guardian, 21st November 2018

Source: www.theguardian.com

UK ban on Kellogg’s Coco Pops children’s TV advert overturned – The Guardian

Posted November 21st, 2018 in advertising, appeals, children, complaints, food, news, obesity, ombudsmen by tracey

‘Kellogg’s, the maker of Coco Pops, has beaten a junk food advert ban after lobbying to overturn a decision by the UK’s advertising regulator, in a move that has outraged obesity campaigners.’

Full Story

The Guardian, 21st November 2018

Source: www.theguardian.com

Lewis Graham: Lady Justices and Dissent on the Court of Appeal of England and Wales – UK Constitutional Law Association

Posted November 20th, 2018 in appeals, gender, judgments, judiciary, news, statistics, women by sally

‘Much has been said on the gender imbalance of the senior courts of England and Wales. Since the House of Lords became the Supreme Court in 2009, a total of 22 men have sat as full-time Justices, compared to just three women, all of whom are currently serving. Justifiably, a lot of attention has fallen on Lady Hale, an outspoken exponent of greater judicial diversity and current Court President.’

Full Story

UK Constitutional Law Association, 15th November 2018

Source: ukconstitutionallaw.org

Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog

‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’

Full Story

UKSC Blog, 12th November 2018

Source: ukscblog.com

Court of Appeal clears way for Mastercard hearing – Litigation Futures

Posted November 15th, 2018 in appeals, banking, class actions, EC law, fees, judicial review, jurisdiction, news by tracey

‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’

Full Story

Litigation Futures, 15th November 2018

Source: www.litigationfutures.com

Supreme Court deals blow to second medical use patents – Law Society’s Gazette

Posted November 15th, 2018 in appeals, disclosure, intellectual property, medicines, news, patents, standards, Supreme Court by tracey

‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’

Full Story

Law Society's Gazette, 14th November 2018

Source: www.lawgazette.co.uk

Laura Mitchell loses appeal against Andrew Ayres murder conviction – The Guardian

Posted November 15th, 2018 in appeals, joint enterprise, murder, news by tracey

‘A trainee midwife sentenced to life imprisonment for murder, who claimed she was looking for her shoes in a car park when the fatal attack occurred outside a Bradford pub, has failed to overturn her conviction. The court of appeal’s ruling in the test case of Laura Mitchell was greeted with dismay by supporters who have been campaigning for changes to the controversial “joint enterprise” rules.’

Full Story

The Guardian, 14th November 2018

Source: www.theguardian.com