Solicitors can recover VAT on full MRO fee, says appeal court – Litigation Futures

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

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Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Max Clifford: Convictions upheld against late publicist – BBC News

Posted April 2nd, 2019 in appeals, assault, news, sexual offences by tracey

‘A conviction for sex offences against celebrity publicist Max Clifford has been upheld by the Court of Appeal.’

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BBC News, 2nd April 2019

Source: www.bbc.co.uk

Jemma Beale: Rape claim ‘liar’ loses conviction appeal – BBC News

‘A “serial liar” who invented false rape and sexual assault allegations has failed in a bid to clear her name.’

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BBC News, 28th March 2019

Source: www.bbc.co.uk

Barrister withdrew from case “without telling client or chambers” – Legal Futures

Posted March 28th, 2019 in appeals, barristers, disciplinary procedures, fines, news, professional conduct by sally

‘A barrister who failed to tell a client that he was withdrawing from their case before the Court of Appeal has effectively been suspended for three years.’

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Legal Futures, 27th March 2019

Source: www.legalfutures.co.uk

Council wins Court of Appeal battle over moving homeless applicant – Local Government Lawyer

Posted March 28th, 2019 in appeals, homelessness, housing, local government, news by sally

‘Someone who does not appeal against a local authority review decision that it has discharged its duty towards them as being homeless cannot later challenge that decision in a subsequent application, the Court of Appeal has ruled.’

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Local Government Lawyer, 27th March 2019

Source: www.localgovernmentlawyer.co.uk

Judge highlights “paradox” between solicitors’ honesty and integrity – Legal Futures

‘Acting without integrity involves “greater moral turpitude” on the part of a solicitor than dishonesty but a lesser sanction, a High Court judge has found, while appearing to question previous Court of Appeal authority on the issue.’

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Legal Futures, 27th March 2019

Source: www.legalfutures.co.uk

Court: time and day can impact limitation period – OUT-LAW.com

Posted March 27th, 2019 in appeals, limitations, news, shareholders, time limits by sally

‘The time of day that a cause of action accrues can alter the date on which the limitation period for raising a claim against that action expires, the Court of Appeal has suggested.’

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OUT-LAW.com, 26th March 2019

Source: www.out-law.com

Court asked to resolve confusion over Inheritance Act claims – Law Society’s Gazette

Posted March 26th, 2019 in appeals, families, family courts, news, time limits by sally

‘A case that threw a wrecking ball at the practice of lawyers making stand-still agreements over late claims could be challenged in the Court of Appeal.’

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Law Society's Gazette, 25th March 2019

Source: www.lawgazette.co.uk

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Mark Duggan family to sue Met Police over death – BBC News

‘The family of Mark Duggan, whose death sparked riots across England in August 2011, are suing the Metropolitan Police for damages, BBC News has learned.’

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BBC News, 23rd March 2019

Source: www.bbc.co.uk

Supreme Court allows ‘reasonable diligence’ appeal in fraud claim – Law Society’s Gazette

Posted March 21st, 2019 in appeals, fraud, news, setting aside, Supreme Court by tracey

‘A person who applies to set aside a judgment on the basis of fraud does not have to demonstrate that the fraud could not have been spotted with reasonable diligence, the Supreme Court has ruled. The judgment in Takhar v Gracefield Developments Limited and others seeks to resolve a ‘bare-knuckle’ conflict between two long-standing principles of public law: that fraud unravels all and that there must come an end to litigation.’

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Law Society's Gazette, 20th March 2019

Source: www.lawgazette.co.uk

Shamima Begum family challenge Javid’s citizenship decision – The Guardian

‘The family of Shamima Begum has formally started court challenges against the home secretary, saying Sajid Javid’s decision to strip the teenager of her citizenship is unfair because hundreds of Britons who went to Islamic State territory have been allowed back.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

The end of the line for Kennedy v Charity Commission – Panopticon

‘The background, as you may recall, is that Mr Kennedy, a Times journalist, was trying to get information out of the Charity Commission in connection with the ‘Mariam Appeal’, a fund set up by George Galloway MP for the purposes of supporting Iraqi children suffering from leukaemia. Mr Kennedy wanted to get hold of the information in connection with an investigation he was conducting into whether monies collected under the name of Mariam’s Appeal had been misused. Mr Kennedy made a FOIA request to the Charity Commission, which had conducted an investigation into Mariam’s Appeal. Mr Kennedy’s request was refused on the basis that the information requested fell within the scope of s. 32 FOIA (absolute exemption concerning court records).’

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Panopticon, 18th March 2019

Source: panopticonblog.com

Nurse jailed for injecting husband with insulin could have murder conviction quashed, court hears – Daily Telegraph

‘A nurse who spent 15 years in prison for murdering her disabled husband by injecting him with insulin could have her conviction quashed in the wake of new medical evidence.’

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Daily Telegraph, 18th March 2019

Source: www.telegraph.co.uk

Children Private Law Update – March 2019 – Family Law Week

Posted March 18th, 2019 in appeals, contact orders, family courts, news, restraint orders by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

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Family Law Week, 14th March 2019

Source: www.familylawweek.co.uk

Supreme Court: income tax must be deducted from creditor interest – OUT-LAW.com

‘Income tax must be deducted before administrators can pay out statutory interest to the creditors of an insolvent company, the UK’s highest court has confirmed.’

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OUT-LAW.com, 14th March 2019

Source: www.out-law.com

A warning before bringing an appeal to the CAT? Costs after the BCMR decision – Blackstone Chambers

Posted March 15th, 2019 in appeals, competition, costs, news, telecommunications, tribunals by sally

‘The Court of Appeal’s judgment in the recent BCMR costs case is a stark warning to all those considering challenging a regulatory decision in the Competition Appeal Tribunal: even if you win, you may still face a big costs bill. See British Telecommunications plc v Office of Communications [2018] EWCA Civ 2542.’

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Blackstone Chambers, 5th March 2019

Source: www.blackstonechambers.com

Excessive punishment for sarcastic applause? Zaha v The FA – Blackstone Chambers

Posted March 14th, 2019 in appeals, disciplinary procedures, fines, news, penalties, sport by sally

‘Crystal Palace FC’s Wilfried Zaha is one of the fastest players in the Premier League. He is also one of the most fouled. After a number of serious challenges in a match at Southampton at the end of January, Zaha was booked for his reaction to a player who had just pushed him over the touchline. He sarcastically applauded the referee in response to the yellow card, which was then followed immediately with a second yellow and therefore a red. As he left the field, Zaha sarcastically applauded the referee again, on more than one occasion, and did so “theatrically” according to the Football Association (FA). This led to him being charged with misconduct outside the jurisdiction of the match referee.’

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Blackstone Chambers, 28th February 2019

Source: www.sportslawbulletin.org

R (Youngsam) v The Parole Board – Blackstone Chambers

Posted March 13th, 2019 in appeals, delay, human rights, news, parole, precedent, prisons by sally

‘The case concerned a prisoner serving a determinate sentence who had been released on licence but then recalled to prison. He complained that there had been a delay in convening a Parole Board hearing concerning his detention, and that this breached his rights under article 5(4) of the European Convention on Human Rights (ECHR).’

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Blackstone Chambers, 27th February 2019

Source: www.blackstonechambers.com

Max Clifford: court of appeal hears attempt to challenge conviction – The Guardian

Posted March 13th, 2019 in appeals, consent, news, sexual offences by sally

‘Max Clifford denied “until his death” that he had sexually assaulted young women, a court has heard.’

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The Guardian, 12th March 2019

Source: www.theguardian.com