SDT, BTAS and other tribunals face hefty bills after appeal court ruling – Legal Futures

Posted February 28th, 2022 in appeals, barristers, contract of employment, employment, employment tribunals, news by sally

‘The Court of Appeal has upheld a ruling that a barrister who sat as a tribunal chair for the Nursing and Midwifery Council (NMC) was a “worker” and entitled to sickness and holiday pay.’

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Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

Houghton-le-Spring killer driver’s jail sentence review withdrawn – BBC News

Posted February 28th, 2022 in appeals, dangerous driving, homicide, imprisonment, news, sentencing by sally

‘A driver’s jail sentence for killing a mother in a crash during a police chase will no longer be reviewed to determine whether it was too lenient.’

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BBC News, 27th February 2022

Source: www.bbc.co.uk

New Judgment: Craig (AP) v Her Majesty’s Advocate (for the Government of the United States of America) and another (Scotland) [2022] UKSC 6 – UKSC Blog

Posted February 25th, 2022 in appeals, extradition, fraud, human rights, news, Scotland, sentencing, Supreme Court by sally

‘The appellant is a British citizen living in Scotland. In May 2017, the US Government made a request for his extradition to the US, where he is accused of committing an offence relating to securities fraud.’

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UKSC Blog, 24th February 2022

Source: ukscblog.com

Court of Appeal to start again in test case on deductions from PI damages – Legal Futures

Posted February 24th, 2022 in appeals, consent, costs, damages, fees, news, personal injuries, solicitors by sally

‘The much-anticipated hearing in CAM Legal v Belsner was scrapped yesterday after the Court of Appeal raised the possibility that pre-action legal work was contentious business for costs purposes.’

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Legal Futures, 24th February 2022

Source: www.legalfutures.co.uk

Case Preview: Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another – UKSC Blog

Posted February 23rd, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘In this post, Andre Anthony, a senior associate in the Tax team at CMS, previews the decision awaited from the UK Supreme Court in Commissioners for Her Majesty’s Revenue and Customs v NCL Investments Ltd and another EWCA Civ 663. The appeal was heard by the Supreme Court on 25 and 26 January 2022. The Supreme Court was asked to consider whether accounting debits relating to the grant of share options to employees are a deductible expense for corporation tax purposes.’

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UKSC Blog, 21st February 2022

Source: ukscblog.com

Bloombery v ZXC – the Supreme Court decides – Panopticon

‘The central question for the Supreme Court in Bloombery v ZXC [2022] UKSC 5 was, as Lords Hamblen and Stephens put it (with Lord Reeds, Lloyd-Jones and Sales agreeing): “whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation”. The short answer was “yes”.’

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Panopticon, 21st February 2022

Source: panopticonblog.com

Court of Appeal refuses permission to judicially review infected blood compensation scheme – UK Human Rights Blog

‘CN v Secretary of State for Health and Social Care [2022] EWCA Civ 86. In a judgment handed down on 4 February 2022, the Court of Appeal dismissed an appeal for permission to apply for judicial review concerning the lawfulness of the England Infected Blood Support Scheme (EIBSS) (the “Scheme”). The Court of Appeal concluded that the Scheme’s exclusion of those infected with hepatitis B was not discriminatory. In any event, the Secretary of State’s justification for who was to be compensated under the ex gratia Scheme was to be given a wide margin of appreciation by the courts.’

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UK Human Rights Blog, 21st February 2022

Source: ukhumanrightsblog.com

Solicitor overturns disciplinary tribunal’s dishonesty finding – Legal Futures

‘A solicitor suspended for a year after a tribunal ruled he had acted dishonestly in signing a declaration on behalf of one of his firm’s directors has successfully challenged the decision.’

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Legal Futures, 21st February 2022

Source: www.legalfutures.co.uk

Homelessness – second applications and new facts threshold – Nearly Legal

Posted February 21st, 2022 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This was Mr Minott’s appeal from a judicial review that upheld Cambridge’s refusal to accept a second homeless application.’

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Nearly Legal, 19th February 2022

Source: nearlylegal.co.uk

Tinder rapist Tom Rodwell’s jail sentence ‘not unduly lenient’ – BBC News

Posted February 17th, 2022 in appeals, news, rape, sentencing by sally

‘A multiple rapist who attacked five women he met on the dating app Tinder will not have his jail term reconsidered by the Court of Appeal.’

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BBC News, 17th February 2022

Source: www.bbc.co.uk

Returning instructions a “last resort”, Bar Council tells criminal barristers – Legal Futures

Posted February 16th, 2022 in appeals, barristers, codes of practice, criminal procedure, news by sally

‘Criminal defence barristers should recognise that returning instructions where they are not under a professional duty to do so “should always be a matter of last resort”, the Bar Council has said.’

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Legal Futures, 16th February 2022

Source: www.legalfutures.co.uk

“Hysterical woman” barrister to argue free speech in reprimand appeal – Legal Futures

‘The barrister reprimanded for describing his opponent’s instructing lawyer as a “hysterical woman” says he is being “persecuted for expressing inconvenient truths” ‘

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Legal Futures, 14th February 2022

Source: www.legalfutures.co.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

English test scandal: Home Office accused of ‘shocking miscarriage of justice’ – The Guardian

Posted February 10th, 2022 in appeals, deceit, examinations, government departments, news, visas by sally

‘The Home Office was accused of presiding over a “shocking miscarriage of justice” by MPs during an urgent debate on the English language testing scandal which saw thousands of international students wrongly accused of cheating in an exam they were required to sit as part of their visa application process.’

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The Guardian, 9th February 2022

Source: www.theguardian.com

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

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UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog

‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’

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UK Human Rights Blog, 3rd February 2022

Source: ukhumanrightsblog.com

A case management plea from the EAT – Local Government Lawyer

Posted February 7th, 2022 in appeals, case management, employment, employment tribunals, local government, news by tracey

‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by tracey

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

A Review of the Year in the Court of Appeal (Criminal Division) 2020 – 2021 – Courts & Tribunals Judiciary

Posted February 7th, 2022 in appeals, courts, news, statistics by tracey

‘The Court of Appeal (Criminal Division) has published its annual report for 2020-21.’

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Courts & Tribunals Judiciary, 31st January 2022

Source: www.judiciary.uk

New Judgment: Public Prosecutors Office of the Athens Court of Appeal v O’Connor [2022] UKSC 4 – UKSC Blog

‘The Respondent was ordered to be extradited to Greece for the purposes of conducting a criminal prosecution against him. On that day, the Respondent’s solicitor stated orally in court that an appeal would be lodged against the extradition order, and on 16 December 2015, the notice of application for leave to appeal was filed with the Court. However, due to an oversight, the solicitor failed to serve the notice on the Crown Solicitor’s Office (on behalf of Greece) until about three weeks later.’

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UKSC Blog, 3rd February 2022

Source: ukscblog.com