‘A High Court judge has strongly attacked the claimants in what he described as a “forensic arms race” over a complex claim by 202,000 Brazilian people and businesses following the collapse of a dam in 2015.’
Litigation Futures, 7th October 2020
Source: www.litigationfutures.com
‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’
The Guardian, 5th October 2020
Source: www.theguardian.com
‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’
Nearly Legal, 4th October 2020
Source: nearlylegal.co.uk
‘The Home Office has lost a case in the court of appeal against a 27-year-old lesbian asylum seeker it was found to have unlawfully removed from the UK and was forced to fly back to the UK in the summer of 2019.’
The Guardian, 28th September 2020
Source: www.theguardian.com
‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’
Nearly Legal, 21st September 2020
Source: nearlylegal.co.uk
‘There was a sharp increase in successful appeals to the Supreme Court last year, its annual report has revealed.’
Litigation Futures, 23rd September 2020
Source: www.litigationfutures.com
‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’
Competition Bulletin from Blackstone Chambers, 15th September 2020
Source: competitionbulletin.com
‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’
Local Government Lawyer, 18th September 2020
Source: www.localgovernmentlawyer.co.uk
‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’
Local Government Lawyer, 17th September 2020
Source: www.localgovernmentlawyer.co.uk
‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’
Competition Bulletin from Blackstone Chambers, 15th September
Source: competitionbulletin.com
‘A killer jailed for fatally stabbing an Arsenal fan on a London Underground platform is to appeal against his murder conviction, the BBC has learned.’
BBC News, 18th September 2020
Source: www.bbc.co.uk
‘Lawyers are already predicting a leapfrogged appeal to the Supreme Court after the High Court handed down its ruling in the Financial Conduct Authority’s (FCA) business interruption insurance test case.’
Litigation Futures, 15th September 2020
Source: www.litigationfutures.com
‘Increasing the age at which women born in the UK in the 1950s are entitled to receive their state pension to 66 is lawful, the court of appeal has ruled. The unanimous judgment is a major setback for campaigners who have argued that the government’s changes will be a “disaster” for those on lower incomes.’
The Guardian, 15th September 2020
Source: www.theguardian.com
‘A High Court judge has upheld a decision not to allow a claimant in a noise-induced hearing loss (NIHL) case to rely on a different expert because a joint expert produced an unfavourable report.’
Litigation Futures, 15th September
Source: www.litigationfutures.com
‘Women hit by the state pension age rise are “sick with anxiety” as they wait for their Court of Appeal judgment to be handed down on Tuesday.’
The Independent, 14th September 2020
Source: www.independent.co.uk
‘The UK government is considering whether to allow non-profit organisations to make data protection regulatory complaints and bring court claims on behalf of individuals without their consent.’
OUT-LAW.com, 14th September 2020
Source: www.pinsentmasons.com
‘The Court of Appeal has handed down a judgment on the meaning of “out-of-date” in paragraph 11(d) in the National Planning Policy Framework. Matthew Fraser sets out the key points.’
Local Government Lawyer, 11th September 2020
Source: www.localgovernmentlawyer.co.uk
‘Hussein and Another (Status of passports: foreign law) [2020] UKUT 250 (IAC): CMG Ockelton VP has explained that (i) a person who holds a genuine passport, apparently issued to him, and not falsified or altered, has to be regarded as a national of the State that issued the passport, (ii) the burden of proving the contrary lies on the claimant in an asylum case, and (iii) foreign law (including nationality law) is a matter of evidence, to be proved by expert evidence directed specifically to the point in issue. The appellant Mr Hussein, who had permission to appeal, and the applicant Mr Abdulrasool, who was seeking permission to appeal, were father and son who made asylum claims, which were refused. The applicant, who was born in 2000, additionally claimed that he was so dependent on his parents that it would be disproportionate to remove him from the UK. Mr Hussein’s wife and two minor children were included in the appellant’s claim as his dependents. Both men gave their oral evidence in a hearing before FTTJ McAll in January 2020 as did Mr Hussein’s brother. The SSHD was not present and FTTJ McAll considered Mr Hussein’s claimed history in detail. He decided that he was untruthful and concluded that he had fabricated important parts of his account supporting his asylum claim. He decided that Mr Hussein was a national of Tanzania and could be returned there. He disbelieved the asylum claim and concluded that there was no good article 8 reason why he should not leave the UK and return to his country of nationality. Both appeals were dismissed.’
EIN Blog, 7th September 2020
Source: www.ein.org.uk
‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’
UKSC Blog, 4th September 2020
Source: ukscblog.com
‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’
The Independent, 1st September 2020
Source: www.independent.co.uk
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