Category: appeals

Landmark Supreme Court Judgment on Interchange Fees – Monckton Chambers

Posted July 10th, 2020 in appeals, banking, chambers articles, competition, fees, news, Supreme Court by sally

‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’

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Monckton Chambers, July 2020

Source: www.monckton.com

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

Posted July 10th, 2020 in appeals, chambers articles, coronavirus, divorce, enforcement, families, family courts, financial provision, news by sally

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 – Tanfield Chambers

Posted July 10th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’

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Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, civil procedure rules, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘If possession proceedings were initially “brought” under CPR Part 55, and are not caught by one of the exceptions set out in CPR PD 51Z Para.2A, then the automatic stay imposed by the practice direction takes effect.’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

Posted July 8th, 2020 in appeals, chambers articles, covenants, holidays, housing, landlord & tenant, leases, news, tribunals by sally

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Watchdog challenges ruling on lethal force by UK firearms officers – The Guardian

Posted July 8th, 2020 in appeals, disciplinary procedures, firearms, news, ombudsmen, police, professional conduct by sally

‘A police watchdog has begun an appeal after failing to bring misconduct proceedings against a specialist firearms officer who shot and killed a man while trying to foil an attempt to snatch two prisoners from a prison van.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Appeal judges reject divorcee’s negligence claim – Legal Futures

Posted July 8th, 2020 in appeals, damages, divorce, families, fees, law firms, negligence, news, solicitors, time limits by sally

‘The Court of Appeal has upheld a ruling that a negligence claim brought by a woman against her law firm over its work on her divorce was out of time.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

Mother vows for justice as IOPC brings case against Met firearms officer – The Guardian

Posted July 7th, 2020 in appeals, firearms, news, police, self-defence by sally

‘The mother of a man shot dead by police has vowed to get justice for her son as the court of appeal is to hear a challenge to police use of force.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Case Preview: Lehtimaki and Ors v Cooper – UKSC Blog

Posted July 6th, 2020 in appeals, charities, fiduciary duty, jurisdiction, news, Supreme Court by sally

‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is awaited in the matter of Lehtimaki and Ors v Cooper, which concerns whether the court has jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty.’

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UKSC Blog, 3rd July 2020

Source: ukscblog.com

Penalised for parking on your own land – Law Society’s Gazette

Posted July 6th, 2020 in appeals, judicial review, news, parking, penalties, roads, statutory interpretation by sally

‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’

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Law Society's Gazette, 6th July 2020

Source: www.lawgazette.co.uk

Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog

Posted July 6th, 2020 in appeals, domestic violence, families, forfeiture, homicide, intestacy, murder, news, unlawful killing, victims, wills by sally

‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’

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OUP Blog, 3rd July 2020

Source: blog.oup.com

Evidencing a joint tenancy – Nearly Legal

Posted July 6th, 2020 in appeals, housing, landlord & tenant, news, repossession by sally

‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’

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Nearly Legal, 5th July 2020

Source: nearlylegal.co.uk

Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog

Posted July 3rd, 2020 in appeals, care homes, coronavirus, coroners, dispute resolution, inquests, news, statutory duty by sally

‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’

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Dispute Resolution Blog, 30th June 2020

Source: www.lexisnexis.co.uk

Case Comment: Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – UKSC Blog

Posted July 3rd, 2020 in appeals, company law, insolvency, news, Supreme Court by sally

‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’

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UKSC Blog, 1st July 2020

Source: ukscblog.com

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

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UKSC Blog, 2nd July 2020

Source: ukscblog.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

Posted July 3rd, 2020 in appeals, data protection, enforcement, freedom of information, local government, news, tribunals by sally

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

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Panopticon, 2nd July 2020

Source: panopticonblog.com

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

Posted July 3rd, 2020 in appeals, forfeiture, housing, landlord & tenant, leases, news, probation, prostitution, soliciting to murder, tribunals by sally

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

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Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

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The Guardian, 2nd July 2020

Source: www.theguardian.com

Landlord’s knowledge of breach: waiver of forfeiture Faiz v Burnley BC [2020] EWCA 407 (Ch); 2 WLUK 318 (Ch D) – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, forfeiture, landlord & tenant, news, rent by sally

‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk