appeals – Page 85 – Current Awareness

Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25 – Hardwicke Chambers

Posted July 1st, 2020 in appeals, chambers articles, company law, contracts, damages, debts, dispute resolution, insolvency, jurisdiction, news, Supreme Court by sally

‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’

Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

Posted June 29th, 2020 in appeals, chambers articles, data protection, disclosure, electronic mail, news, privacy, witnesses by sally

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

Evans v Betesh Partnership and McGinty [2020] EWHC 1589 (QB) – Parklane Plowden Chambers

Posted June 29th, 2020 in appeals, barristers, chambers articles, damages, delay, negligence, news, part 36 offers, personal injuries, solicitors by sally

‘High Court decision (24/06/20) concerning solicitor/barrister professional negligence arising out of a personal injury case.’

Parklane Plowden Chambers, 24th June 2020

Source: www.parklaneplowden.co.uk

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

Posted June 26th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk

The Court of Appeal considers the consequences of failure to serve a registration order under the Lugano Convention: Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 – Hardwicke Chambers

Posted June 26th, 2020 in appeals, bankruptcy, chambers articles, civil procedure rules, debts, news by sally

‘Oliver Hyams and Amy Held investigate the recent case of Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480.’

Hardwicke Chambers, 23rd June 2020

Source: hardwicke.co.uk

Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

Law Society's Gazette, 23rd June 2020

Source: www.lawgazette.co.uk

UK’s facial recognition technology ‘breaches privacy rights’ – The Guardian

Posted June 24th, 2020 in appeals, data protection, equality, facial mapping, human rights, investigatory powers, news, police, privacy, race discrimination by sally

‘Automated facial recognition technology that searches for people in public places breaches privacy rights and will “radically” alter the way Britain is policed, the court of appeal has been told.’

The Guardian, 23rd June 2020

Source: www.theguardian.com

Solicitor fined after conviction for abusive Facebook messages – Legal Futures

Posted June 24th, 2020 in appeals, autism, disabled persons, disciplinary procedures, fines, internet, malicious communications, news, professional conduct, solicitors, threatening behaviour by sally

‘A junior solicitor diagnosed with Asperger’s syndrome who was convicted after sending a woman he briefly dated a series of abusive Facebook messages has been fined £10,000 by a disciplinary tribunal.’

Legal Futures, 24th June 2020

Source: www.legalfutures.co.uk

Shell faces UK supreme court case over Niger delta pollution – The Guardian

Posted June 24th, 2020 in appeals, energy, environmental health, environmental protection, news, pollution, Supreme Court by sally

‘The fossil fuel company Shell must be held accountable for significant and systematic pollution caused by oil extraction in the Niger delta, lawyers will argue in the supreme court.’

The Guardian, 23rd June 2020

Source: www.theguardian.com

Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association

Posted June 23rd, 2020 in appeals, coronavirus, legal aid, legal profession, legal representation, news, regulations, remuneration by sally

‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’

UK Constitutional Law Association, 23rd June 2020

Source: ukconstitutionallaw.org

Universal credit rules irrational and unlawful, judge says – The Guardian

Posted June 23rd, 2020 in appeals, benefits, computer programs, government departments, judicial review, news by sally

‘Four single mothers have secured a victory over the government after the appeal court ruled that rigid universal credit payment rules that leave tens of thousands of working benefit claimants out of pocket were irrational and unlawful.’

The Guardian, 22nd June 2020

Source: www.theguardian.com

Court of Appeal allows appeal over refusal of application for intermediary assessment – Local Government Lawyer

Posted June 23rd, 2020 in adoption, appeals, care orders, case management, disabled persons, learning difficulties, local government, news by sally

‘The Court of Appeal has allowed an appeal from a case management decision in care proceedings refusing an application by a parent with a learning disability for an intermediary assessment and the appointment of an intermediary.’

Local Government Lawyer, 22nd June 2020

Source: www.localgovernmentlawyer.co.uk

Suspension suffices for doctor’s online sexual misconduct – UK Human Rights Blog

Posted June 22nd, 2020 in appeals, child abuse, disciplinary procedures, doctors, internet, news, professional conduct, sexual offences by sally

‘GMC v Awan concerns a GP’s sexually motivated online chat with someone posing as 13 year old child. The GMC’s appeal under section 40A of the Medical Act 1983 was dismissed by Mostyn J and the 9-month suspension imposed by the Tribunal was upheld.’

UK Human Rights Blog, 19th June 2020

Source: ukhumanrightsblog.com

Practice – Injunctions pending Appeal Evalve Inc v Edwards Lifesciences Ltd – NIPC Law

Posted June 22nd, 2020 in appeals, injunctions, intellectual property, news, patents by sally

‘In Evalve Inc and others v Edwards Lifesciences Ltd #1 [2020] EWHC 514 (Pat) (12 March 2020)). Mr Justice Birss held that two patents that protected the market for a device known as the MitraClip were valid and infringed. In Evalve Inc and others v Edwards Lifesciences Ltd (#2) [2020] EWHC 513 (Pat) (12 March 2020) Mr Justice Birss rejected the defendant’s contention that it should be allowed to market its product notwithstanding the judgment on the ground that some patients were assisted by a product that competed with the MitraClip but not by the MitraClip itself. I blogged about those cases in Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #1 27 March 2020 NIPC Law and Patents – Evalve Inc. and Others v Edwards Lifesciences Ltd. #2 30 March 2020.’

NIPC Law, 20th June 2020

Source: nipclaw.blogspot.com

The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report – The Guardian

Posted June 17th, 2020 in appeals, complaints, disclosure, domestic violence, imprisonment, legal aid, miscarriage of justice, news, prisons, psychiatric damage, race discrimination, sentencing, statistics, women by sally

‘One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say.’

The Guardian, 17th June 2020

Source: www.theguardian.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

Posted June 16th, 2020 in appeals, civil procedure rules, coronavirus, news, practice directions, repossession, stay of proceedings by sally

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Case comment: Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 – UKSC Blog

Posted June 16th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘In this case comment, Stephen McNaught, Mark McMurray, Josh Risso-Gill and Gael Hardie, who all work within the planning team at CMS, comment on the decision recently handed down by the UK Supreme Court in the matter of Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20, which concerned “listed buildings”.’

UKSC Blog, 12th June 2020

Source: ukscblog.com

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

Posted June 16th, 2020 in appeals, asbestos, cancer, compensation, damages, limitations, news, statutory interpretation by sally

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

When does a crime cause “serious harm”? Court of Appeal considers the application of Article 8 to foreign national offenders – UK Human Rights Blog

Posted June 16th, 2020 in appeals, deportation, guilty pleas, human rights, indecent photographs of children, news, possession of false identity documents by sally

‘This judgment concerns the definition of “an offence that has caused serious harm” for the purpose of an appeal against deportation on private and family life grounds under Article 8. In this set of cases, the Court of Appeal took a broad view as to the meaning of this provision, but also held that there must be evidence that the offender has actually caused serious harm.’

UK Human Rights Blog, 15th June 2020

Source: ukhumanrightsblog.com

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