Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant – Local Government Lawyer

‘A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.’

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Local Government Lawyer, 4th January 2021

Source: www.localgovernmentlawyer.co.uk

PSED, breach and ‘subsequent compliance’ – Nearly Legal

‘An appeal on the issue of whether a Council landlord’s initial failure to have regard to the Public Sector Equality Duty on commencing possession proceedings could be remedied by later performance of that duty.’

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Nearly Legal, 2nd January 2021

Source: nearlylegal.co.uk

W (Children): judge’s recusal does not indicate bias – Transparency Project

Posted December 21st, 2020 in appeals, bias, children, contact orders, families, judges, news, recusal by sally

‘Reading the case name W (Children: Reopening/recusal) I assumed that this would be another of those applications by a party, invariably the father, for the recusal of the judge in a children application, on the basis of alleged bias.’

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Transparency Project, 18th December 2020

Source: www.transparencyproject.org.uk

Harry Dunn: CPS pursue case against suspect despite immunity ruling – BBC News

‘The Crown Prosecution Service has said there remains a “realistic prospect of conviction” for Harry Dunn’s alleged killer despite a High Court ruling she had diplomatic immunity.’

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BBC News, 20th December 2020

Source: www.bbc.co.uk

PC Andrew Harper killers’ sentences unchanged after appeal – The Guardian

Posted December 17th, 2020 in appeals, homicide, news, police, sentencing by sally

‘The sentences given to the killers of PC Andrew Harper, who was dragged to his death in August 2019, will not be increased after challenges at the court of appeal.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by sally

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

No business interruption decision from Supreme Court until next year – Law Society’s Gazette

‘Judgment in an urgent test case to determine whether businesses hit by Covid-19 will receive insurance pay-outs will not be handed down by the Supreme Court until January at the earliest. Five Supreme Court justices heard a case between the Financial Conduct Authority and six insurance companies in November. The dispute concerned business interruption insurance (BII) and the court was asked to rule on provisions in insurance policies relating to disease clauses, prevention of access clauses and hybrid clauses.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Top UK court overturns block on Heathrow’s third runway – The Guardian

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk

Collective Actions in the Supreme Court – Competition Bulletin from Blackstone Chambers

‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’

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Competition Bulletin from Blackstone Chambers, 11th December 2020

Source: competitionbulletin.com

Mastercard judgment ‘lowers bar’ for collective action – Law Society’s Gazette

‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’

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Law Society's Gazette, 11th December 2020

Source: www.lawgazette.co.uk

Financial Remedy Update, December 2020 – Family Law Week

‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2020.’

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Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

‘Stockwell Six’: two men could have convictions overturned – The Guardian

‘Two men who were jailed nearly 50 years ago on the word of a corrupt detective could finally have their names cleared.
The cases of two members of the so-called “Stockwell Six”, who were accused of attempting to rob that officer on the underground, are now being referred to the court of appeal by the Criminal Cases Review Commission (CCRC).’

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The Guardian, 14th December 2020

Source: www.theguardian.com

Police drop rape investigation into Tory ex-minister – The Independent

Posted December 14th, 2020 in appeals, evidence, news, parliament, police, political parties, rape, sexual offences, victims by sally

‘Police have dropped their investigation into a Conservative MP and ex-minister who was arrested after a woman accused him of rape.’

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The Independent, 13th December 2020

Source: www.independent.co.uk

Serial rapists receive longer minimum jail terms after appeal – BBC News

Posted December 11th, 2020 in appeals, imprisonment, news, rape, recidivists, sentencing, sexual offences by sally

‘Two serial rapists with life sentences will have the minimum time they must spend in prison extended from 30 to 40 years, the High Court has ruled.’

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BBC News, 11th December 2020

Source: www.bbc.co.uk

Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog

‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’

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Practical Law: Construction Blog, 9th December 2020

Source: constructionblog.practicallaw.com

Tate Modern attacker loses appeal against sentence – The Guardian

Posted December 10th, 2020 in appeals, attempted murder, news, sentencing by sally

‘Jonty Bravery, the teenager who threw a six-year-old boy from a viewing platform at the Tate Modern, has had his appeal against his 15-year minimum term for attempted murder dismissed.’

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The Guardian, 9th December 2020

Source: www.theguardian.com

Johnny Depp applies to court of appeal over ‘wife beater’ ruling – The Guardian

Posted December 9th, 2020 in appeals, defamation, domestic violence, media, news by sally

‘Johnny Depp has applied directly to the court of appeal in a bid to overturn a high court ruling that he assaulted his ex-wife Amber Heard and put her in fear for her life.’

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The Guardian, 8th December 2020

Source: www.theguardian.com

Case Comment: Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34 – UKSC Blog

Posted December 9th, 2020 in appeals, bribery, charterparties, evidence, news, Supreme Court, torture by sally

‘On 5 August 2020, the UK Supreme Court handed down judgment in Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; [2020] 1 W.L.R. 3549. Against the background of a commercial charterparty dispute, this appeal raised important questions about the admissibility of evidence potentially obtained through torture.’

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UKSC Blog, 8th December 2020

Source: ukscblog.com

Guess who? Does a section 8 notice have to contain the landlord’s own name and address? – Hardwicke Chambers

‘Kort Egan discusses Prempeh v Lakhany [2020] EWCA Civ 1422, in which the Court of Appeal considered whether a section 8 notice that is signed by the landlord’s agent and contains the agent’s details, must also include the landlord’s name and address.’

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Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk