Rikki Neave murderer James Watson loses appeal against conviction – BBC News

Posted September 5th, 2023 in appeals, bad character, children, DNA, evidence, murder, news by sally

‘A man jailed last year for murdering a six-year-old boy in 1994 has lost his appeal against his conviction.’

Full Story

BBC News, 4th September 2023

Source: www.bbc.co.uk

Is an appropriate adult always appropriate? – Local Government Lawyer

Posted September 4th, 2023 in appeals, children, local government, news by tracey

‘Sally Gore analyses a Court of Appeal ruling that considered the fairness of an age assessment when an appropriate adult was not used for the short-form assessment/interview.’

Full Story

Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

One-hour oral judgment in family case ‘plainly irregular’ – Law Society’s Gazette

Posted September 4th, 2023 in appeals, child abuse, children, judges, judgments, news, sexual offences by tracey

‘A one-hour oral judgment delivered on a complex family case was “manifestly insufficient” and should be re-examined, the Court of Appeal has ruled.’

Full Story

Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

Full Story

Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Court of Appeal sets aside circuit judge’s “plainly irregular” ruling – Legal Futures

Posted September 1st, 2023 in appeals, care orders, children, families, family courts, judges, news by sally

‘The Court of Appeal has set aside a circuit judge’s ruling in public law children proceedings after describing his decision as “plainly irregular”.’

Full Story

Legal Futures, 1st September 2023

Source: www.legalfutures.co.uk

Doctor Knows Best – Supreme Court Clarifies “Professional Practice Test” – Parklane Plowden Chambers

‘On 12th July 2023, the Supreme Court handed down its judgment in McCulloch and Others v Forth Valley Health Board [2023] UKSC 26, the first Supreme Court decision on the issue of informed consent since Montgomery v Lanarkshire Health Board [2015] UKSC 11.’

Full Story

Parklane Plowden Chambers, 14th July 2023

Source: www.parklaneplowden.co.uk

Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers

‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’

Full Story

Gatehouse Chambers, 26th July 2023

Source: gatehouselaw.co.uk

Case comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 – Gatehouse Chambers

‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’

Full Story

Gatehouse Chambers, 17th July 2023

Source: gatehouselaw.co.uk

Third Party Costs Orders and Experts: Order Restored – QMLR

Posted August 30th, 2023 in appeals, chambers articles, costs, dentists, expert witnesses, negligence, news by sally

‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’

Full Story

QMLR, 18th July 2023

Source: 1corqmlr.com

Court of Appeal hands down judgment in the Trucks Collective Proceedings: Conflicts of Interest, Rival CPO Applications, and Jurisdiction to Appeal – Henderson Chambers

‘On 25 July 2023, the Court of Appeal handed down its judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. The appeal raised important issues in the continued development of the collective proceedings regime, including as to how conflicts of interest within a class might be addressed, the willingness of the Court of Appeal to interfere with the Competition Appeal Tribunal’s (“CAT”) assessment of two rival applications for a collective proceedings order (“CPO”), and the scope of the statutory jurisdiction to appeal. The judgment is accessible here.’

Full Story

Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk

Supreme Court spells out the limitations of nuisance – 4KBW

‘Georgia Whiting and Chris Bryden of 4 King’s Bench Walk report on a Supreme Court ruling on a major oil spill.’

Full Story

4KBW, 13th July 2023

Source: www.4kbw.co.uk

In seminal case on litigation funding, Supreme Court overturns established practice to hold that Litigation Funding Agreements are Damages-Based Agreements – 4 New Square

Posted August 30th, 2023 in appeals, chambers articles, claims management, damages, news, Supreme Court by sally

‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’

Full Story

4 New Square, 26th July 2023

Source: www.4newsquare.com

Seventeen years: what does Andrew Malkinson’s wrongful conviction say about the appeals process? – UK Human Rights Blog

‘Earlier this month, the Court of Appeal overturned Andrew Malkinson’s conviction for rape and related assault offences, for which he had spent 17 years in prison. An appeal in 2006 upheld the verdict and applications to the Criminal Case Review Commission (CCRC) in 2012 and 2020 were denied. Finally, a third application last year convinced the CCRC to order fresh DNA analysis. It was this evidence as well as treatment of some previously undisclosed information to do with Malkinson’s witness identification which secured his release.’

Full Story

UK Human Rights Blog, 29th August 2023

Source: ukhumanrightsblog.com

Court of Appeal finds council had “due regard” to s149 Equality Act when offering accommodation in Walsall to single mother who had lived in London all her life – Local Government Lawyer

Posted August 25th, 2023 in appeals, children, equality, families, homelessness, housing, local government, London, news by sally

‘The Court of Appeal has dismissed a single mother’s appeal against a decision of a reviewing officer of the London Borough of Waltham Forest, finding that the accommodation offered to her was “reasonable and suitable”.’

Full Story

Local Government Lawyer, 24th August 2023

Source: www.localgovernmentlawyer.co.uk

Informed Consent: What is the test for reasonable alternative or variant treatments? – Gatehouse Chambers

Posted August 25th, 2023 in appeals, chambers articles, consent, medical treatment, news, Supreme Court by sally

‘The Supreme Court in Montgomery imposed (or perhaps clarified) a duty to ensure that any patient is aware of the material risks involved in any recommended treatment. They also extended the duty to obtain informed consent to informing the patient of “any reasonable alternative or variant treatments.”’

Full Story

Gatehouse Chambers, 7th July 2023

Source: gatehouselaw.co.uk

Catherine Ellis Considers the Recent CA Case of G&H (Leave to Revoke Placement Order) [2023] EWCA Civ 768- Pump Court Chambers

‘This was an appeal by a grandmother against a refusal of her application under s24(2)(2) Adoption and Children Act 2002 (“the 2002 Act”) for leave to apply to revoke placement orders in respect of her grandchildren. The application for leave was made six weeks after the care and placement orders had been made.’

Full Story

Pump Court Chambers, 27th July 2023

Source: www.pumpcourtchambers.com

Maguire, Detention, and Article 2 Inquests – Doughty Street Chambers

‘Maguire [2023] UKSC 20 is the most recent, and highest, authority on the engagement of Article 2 ECHR in inquests. The Supreme Court’s judgment ties together the Maguire and Morahan authorities (both of which had previously reached the Court of Appeal). It runs to 77 pages, with a leading judgment from Lord Sales, and a concurrence from Lord Stephens.’

Full Story

Doughty Street Chambers, 7th July 2023

Source: insights.doughtystreet.co.uk

Top 3 Cases – Falcon Chambers

Posted August 25th, 2023 in appeals, chambers articles, leases, news, telecommunications, tribunals by sally

‘In this series of articles, we aim to highlight 3 of the most interesting cases in our field decided in the past month. This month, the Court of Appeal have been busy and we were spoilt for choice! We’ve selected cases on concurrent leases under the telecoms Code, receivership, and the ability to challenge a decision by the Upper Tribunal to refuse permission to appeal from the First-tier Tribunal.’

Full Story

Falcon Chambers, 1st August 2023

Source: www.falcon-chambers.com

Council fails in Upper Tribunal appeal over mentoring support during non-term time periods – Local Government Lawyer

‘The Upper Tribunal has found that a decision made by the First-tier Tribunal regarding autism mentoring support during non-term time periods did not involve an error on a point of law.’

Full Story

Local Government Lawyer, 21st August 2023

Source: www.localgovernmentlawyer.co.uk

MQM London member wins in Court of Appeal – EIN Blog

Posted August 18th, 2023 in appeals, asylum, government departments, immigration, news, Pakistan by sally

‘In a difficult case, Elisabeth Laing LJ allowed the appeal of “WAS” against the dismissal of his asylum claim by the Upper Tribunal owing to the fact that UTJ McWilliam “failed properly” to consider the factors relevant to WAS’s commitment to the notorious person of Altaf Hussain (founder of the Muttahida Qaumi Movement or “MQM”) and the effect on risk to him from the Pakistani authorities applying the historic judgment in HJ (Iran) v SSHD [2010] UKSC 31. The appeal was also allowed on the basis that the UT’s findings were contrary to the FTT’s preserved findings and contrary to the UT’s own conclusions. WAS entered the UK in June 2012 as student. In December 2015 he made an application for further leave to remain (as the spouse of a British citizen) which was refused in 2016. He then made a protection claim in October 2017 on the basis of his actual or perceived political opinion. He said that he was a member of the MQM, an opposition movement in Pakistan. The protection claim was refused in April 2018. The FTT dismissed his appeal in June 2018 and found that he was an active member of MQM in Pakistan for about 3 years from 2009 to 2012 and that his father is an active supporter of MQM. The FTT said that his credibility was damaged by the fact that he had not claimed asylum until October 2017 in circumstances where his political affiliations had not changed.’

Full Story

EIN Blog, 17th August 2023

Source: www.ein.org.uk