appeals – Page 72 – Current Awareness

Standard of Proof and the Chief Coroner’s Law Sheet No.6 – Maughan and Beyond – Parklane Plowden Chambers

Posted January 22nd, 2021 in appeals, chambers articles, civil justice, coroners, inquests, news, standard of proof, Supreme Court, unlawful killing by sally

‘On 13th January 2021, the new Chief Coroner, HHJ Teague QC, published Law Sheet No.6. This new guidance comes exactly two months after the Supreme Court gave judgment on 13th November 2020 in the case of R (on the application of Thomas Maughan) v. HM Senior Coroner for Oxfordshire [2020] UKSC 46 where it ruled by majority that all conclusions in coronial inquests, whether short form or narrative, are to be determined on the civil standard of proof: the balance of probabilities.’

Parklane Plowden Chambers, 19th January 2021

Source: www.parklaneplowden.co.uk

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk

FCA v Arch Insurance (UK) Ltd and others – St John’s Chambers

Posted January 22nd, 2021 in appeals, causation, chambers articles, coronavirus, financial services ombudsman, insurance, news, Supreme Court by sally

‘This short note summarises the key parts of the Supreme Court’s decision in this important test case, by which it allowed most of the FCA’s appeals against the decision of the Divisional Court and found largely in favour of policyholders.’

St John's Chambers, 21st January 2021

Source: www.stjohnschambers.co.uk

Police force wins appeal over sharing of information about teenager with local crime reduction partnership – Local Government Lawyer

Posted January 22nd, 2021 in appeals, data protection, disclosure, judicial review, news, police, privacy, young persons by sally

‘A teenager has failed in a judicial review of how information on her was shared between Sussex Police and the Brighton & Hove Business Crime Reduction Partnership.’

Local Government Lawyer, 21st January 2021

Source: www.localgovernmentlawyer.co.uk

‘Professionally embarrassed’ lawyers wrong to withdraw during murder trial – Legal Futures

Posted January 22nd, 2021 in appeals, barristers, evidence, firearms, forensic science, murder, news, trials by sally

‘The legal team of a man accused of murder was wrong to withdraw during the trial citing “professional embarrassment” but the move did not render his subsequent conviction unsafe, the Court of Appeal has ruled.’

Legal Futures, 22nd January 2021

Source: www.legalfutures.co.uk

Email attachments are not privileged just because message is – Legal Futures

Posted January 21st, 2021 in appeals, disclosure, electronic mail, news, privilege, Supreme Court by sally

‘The Supreme Court has refused to interfere in a ruling that legal professional privilege (LPP) which covers an email does not extend to any attachments.’

Legal Futures, 21st January 2021

Source: www.legalfutures.co.uk

Landmark hearing to examine handling of domestic abuse cases by UK courts – The Guardian

Posted January 20th, 2021 in appeals, children, coercive & controlling behaviour, domestic violence, families, family courts, news, rape, sexual offences by sally

‘A landmark hearing in the court of appeal is under way to examine how cases of domestic abuse are handled by judges in the family courts.’

The Guardian, 19th January 2021

Source: www.theguardian.com

Judges reject Lockerbie bomber’s appeal against conviction – BBC News

Posted January 18th, 2021 in appeals, bereavement, Criminal Cases Review Commission, explosives, families, miscarriage of justice, news, Scotland, terrorism by sally

‘Scottish judges have rejected a third appeal on behalf of the Libyan man convicted of the Lockerbie bombing.’

BBC News, 16th January 2021

Source: www.bbc.co.uk

New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

Posted January 18th, 2021 in appeals, causation, coronavirus, financial services ombudsman, insurance, interpretation, news, Supreme Court by sally

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

UKSC Blog, 15th January 2021

Source: ukscblog.com

Solo 45 has jail term increased to 30 years on appeal – BBC News

Posted January 18th, 2021 in appeals, news, rape, sentencing, sexual offences, victims by sally

‘A grime artist convicted of repeatedly raping four women has had his jail sentence increased on appeal.’

BBC News, 16th January 2021

Source: www.bbc.co.uk

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by sally

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk

Abuse of Process – Credit hire brought outside of the MOJ portal – Poku v Abedin – Park Square Barristers

Posted January 13th, 2021 in abuse of process, appeals, chambers articles, damages, news, personal injuries by sally

‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’

Park Square Barristers, 6th January 2021

Source: www.parksquarebarristers.co.uk

Credit where credit’s due? A ‘likely’ story – Carmelite Chambers

Posted January 13th, 2021 in appeals, case management, chambers articles, guilty pleas, interpretation, news, sentencing by sally

‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’

Carmelite Chambers, 11th January 2021

Source: www.carmelitechambers.co.uk

The Domestic Abuse Bill and family courts – Transparency Project

Posted January 11th, 2021 in appeals, bills, domestic violence, families, family courts, news by sally

‘As was noted in the “Harm report” published in June last year and the Family Justice Council forum that was held on 14 December, there is mounting concern about the way family courts deal with allegations of domestic abuse that arise in some contact disputes.’

Transparency Project, 10th January 2021

Source: www.transparencyproject.org.uk

Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, immigration, news, statutory interpretation by sally

‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’

5SAH, 5th January 2021

Source: www.5sah.co.uk

Extradition – A Year in Review of 2020 – A look forward to 2021 – 5SAH

Posted January 8th, 2021 in appeals, chambers articles, extradition, human rights, news by sally

‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’

5SAH, 6th January 2021

Source: www.5sah.co.uk

Council wins Court of Appeal battle over fate of land subject to statutory trust for recreational purposes – Local Government Lawyer

Posted January 8th, 2021 in appeals, local government, news, planning by sally

‘Shropshire Council has won a case in the Court of Appeal over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’

Local Government Lawyer, 7th January 2021

Source: www.localgovernmentlawyer.co.uk

Judge refuses to free Julian Assange on bail as US appeals ruling against extradition – The Independent

Posted January 7th, 2021 in appeals, bail, deportation, mental health, news, surety by sally

‘Julian Assange has lost an attempt to be freed on bail as he awaits a US appeal against a judge’s ruling that he cannot be extradited.’

The Independent, 6th January 2021

Source: www.independent.co.uk

LEI does not have to fund appeals during “unmeritorious claims” – Litigation Futures

Posted January 6th, 2021 in appeals, barristers, contracts, costs, employment, employment tribunals, insurance, news, striking out, unfair dismissal by sally

‘Legal expenses insurance (LEI) does not have to fund interlocutory appeals that are likely to succeed as part of claims that overall are predicted to fail, the High Court has ruled.’

Litigation Futures, 5th January 2021

Source: www.litigationfutures.com

«
1
…
67
68
69
70
71
72
73
74
75
76
77
…
357
»

Archives