Private Prosecution Stayed as an Abuse of Process: Costs Recovered – 25 Bedford Row

‘The issue of recovering legal costs for a defendant who successfully applied to stay a private prosecution, on grounds of abuse of process, was considered and decided upon by the Court of Appeal (Criminal Division) in Muhammed Asif v Adil Iqbal Ditta and Noreen Riaz [2021] EWCA Crim 1091 (judgment 15th July 2021).’

Full Story

25 Bedford Row, 9th August 2021

Source: www.25bedfordrow.com

Determining the question of motivation in whistleblowing claims is not always as complicated as it seems – 3PB

‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’

Full Story

3PB, 9th August 2021

Source: www.3pb.co.uk

XR demands answers on how protests will be policed after Supreme Court defends disruptive demonstrations – The Independent

‘Extinction Rebellion has demanded to know how its upcoming demonstrations will be policed after the Supreme Court ruled that protest can be a “lawful excuse” to block roads under human rights law.’

Full Story

The Independent, 22nd August 2021

Source: www.independent.co.uk

Mother loses appeal over order that father should be informed of care proceedings – Local Government Lawyer

Posted August 20th, 2021 in appeals, care orders, children, families, local government, news, rape, sexual offences by sally

‘The Court of Appeal has dismissed an appeal against an order that a child’s biological father should be informed of care proceedings concerning his daughter against the mother’s wishes.’

Full Story

Local Government Lawyer, 19th August 2021

Source: www.localgovernmentlawyer.co.uk

UK academic sues university after losing role in critical race theory row – The Guardian

‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’

Full Story

The Guardian, 16th March 2021

Source: www.theguardian.com

Disgraced surgeon Ian Paterson makes bid to appeal his conviction – The Independent

Posted August 16th, 2021 in appeals, cancer, doctors, medical treatment, news, wounding by sally

‘Disgraced breast surgeon Ian Paterson has launched a bid to have his conviction for putting women through unnecessary surgery overturned, in a move that has left victims devastated.’

Full Story

The Independent, 14th August 2021

Source: www.independent.co.uk

UK appeal court clarifies ‘doctrine of merger’ – OUT-LAW.com

Posted August 13th, 2021 in abuse of process, appeals, damages, mergers, news, res judicata by sally

‘A recent decision by the English Court of Appeal confirms the scope of the “doctrine of merger”, which is designed to prevent an abuse of court process by preventing parties from bringing multiple claims in respect of the same cause of action.’

Full Story

OUT-LAW.com, 12th August 2021

Source: www.pinsentmasons.com

How not to conduct a placement application (part 2) – Local Government Lawyer

Posted August 13th, 2021 in adoption, appeals, children, families, local government, news, placement orders by sally

‘Rebecca Cross looks at a Court of Appeal ruling in a case where the ADM [agency decision maker] failed to carry out their duties properly.’

Full Story

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Authorising unregistered care and deprivation of liberty – Local Government Lawyer

‘Martin Downs analyses the Supreme Court’s judgment on the use of the inherent jurisdiction to authorise the deprivation of liberty of children in alternative restrictive placements by a local authority in cases where an approved secure children’s home is unavailable.’

Full Story

Local Government Lawyer, 13th August 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

Full Story

Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

What does AA v BB tell us about the treatment of domestic abuse since Re H-N? – Transparency Project

‘What does AA v BB tell us about the treatment of domestic abuse since Re H-N?’

Full Story

Transparency Project, 10th August 2021

Source: www.transparencyproject.org.uk

Watchdog backs regulator’s plan to reduce UK energy firms’ returns – The Guardian

‘The competition watchdog has sided with Great Britain’s energy regulator after an industry rebellion over a clampdown on the returns energy network companies can make at the expense of customer bills.’

Full Story

The Guardian, 11th August 2021

Source: www.theguardian.com

Third party tax information notices taxpayers have no right to attend hearing – OUT-LAW

Posted August 11th, 2021 in appeals, HM Revenue & Customs, news, taxation, third parties, tribunals by sally

‘The tax tribunal has no power to direct that an application by HM Revenue & Customs (HMRC) for a third party information notice be held “inter partes”, that is with the taxpayer or the third party present, the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

Channel migrants: Asylum seeker cleared of people smuggling was ‘scapegoat’ – BBC News

‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’

Full Story

BBC News, 11th August 2021

Source: www.bbc.co.uk

No power to accept late review request – Nearly Legal

‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’

Full Story

Nearly Legal, 8th August 2021

Source: nearlylegal.co.uk

Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com

‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’

Full Story

OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

Full Story

OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

DON’T LOOK NOW: Non-party costs orders and Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 – 3PB

Posted August 6th, 2021 in appeals, chambers articles, costs, news by sally

‘As Lord Justice Coulson warned at the start of his judgment in the recent Court of Appeal decision in Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037:

“For those who believe that most civil litigation does not end up being about the costs that were incurred in pursuing that same litigation in the first place, look away now.”’

Full Story

3PB, 30th July 2021

Source: www.3pb.co.uk

Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers

‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’

Full Story

Devereux Chambers, 3rd August 2021

Source: www.devereuxchambers.co.uk

Authorising unregistered care and deprivation of liberty — Martin Downs – UK Human Rights Blog

‘Legislatures in London and Cardiff have long ago established the most detailed safeguards and systems of registration to protect young people placed in children’s homes – most especially where that involves depriving them of their liberty. At the same time, the administrations in both capitals have presided over a situation whereby there is a significant shortage of such registered accommodation. This has tended to provoke expressions of outrage by the Judiciary. One of these problem cases has reached the Supreme Court (T (A Child), Re [2021] UKSC 35).’

Full Story

UK Human Rights Blog, 5th August 2021

Source: ukhumanrightsblog.com