appeals – Page 87 – Current Awareness

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in appeals, chambers articles, criminal justice, deceit, news, Supreme Court by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

5SAH, 18th May 2020

Source: www.5sah.co.uk

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

Posted June 5th, 2020 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, professional conduct, transfer of undertakings, unfair dismissal by sally

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

3PB, 2nd June 2020

Source: www.3pb.co.uk

Implications for expulsions following the Supreme Court ruling of AM (Zimbabwe) – Garden Court Chambers

Posted June 4th, 2020 in appeals, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘Cases where applicants seek to resist removal from the UK because of adverse health consequences have given rise to both great passions and difficult points of principle. The decision of the Supreme Court in AM (Zimbabwe) [2020] UKSC 17 gave the opportunity for the UK’s approach to catch up with that taken by the ECtHR in recent years. In this post we look at the implications of the judgment both generally and in relation to two specific scenarios, namely destitution and “fitness to fly”.’

Garden Court Chambers, 19th May 2020

Source: www.gardencourtchambers.co.uk

‘Sham marriage’ solicitor loses strike-off appeal – Legal Futures

Posted June 4th, 2020 in abuse of process, appeals, disciplinary procedures, entrapment, news, sham transactions, solicitors, visas by sally

‘The High Court has dismissed an appeal by a solicitor struck off after telling an undercover television reporter that he would help them apply for a visa on the back of a bogus marriage.’

Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

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

Posted June 3rd, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, local government, news, practice directions, repossession by sally

‘This article seeks to provide a further update from my colleague Paul Tapsell’s article on residential possession and lease forfeiture proceedings during Covid-19.’

Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Supreme Court to rule on ‘paedophile hunters’ case – BBC News

Posted June 3rd, 2020 in appeals, child abuse, children, deceit, human rights, internet, news, police, privacy, prosecutions, sexual offences, Supreme Court by sally

‘A convicted paedophile who was snared by a vigilante group is to have his case examined at the UK Supreme Court.’

BBC News, 3rd June 2020

Source: www.bbc.co.uk

Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16 – Wilberforce Chambers

Posted May 29th, 2020 in appeals, judicial review, local government, news, pensions, Supreme Court by sally

‘In 2016, the Government issued guidance to local authorities administering the local government pension scheme (“LGPS”) which had the effect of restricting divestments from UK defence companies and foreign countries. In response, the Palestine Solidarity Campaign, a company dedicated to campaigning in support of the rights of the Palestinian people, sought judicial review of this guidance. In R (on the application of Palestine Solidarity Campaign Ltd and another) v Secretary of State for Housing, Communities and Local Government [2020] UKSC 16, the Supreme Court ruled by a bare majority in favour of the PSC.’

Wilberforce Chambers, 28th May 2020

Source: www.wilberforce.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Coercive Control and the consequences of forfeiture – Challen v Challen [2020] EWHC 1330 – St John’s Chambers

Posted May 29th, 2020 in appeals, coercive & controlling behaviour, diminished responsibility, domestic violence, forfeiture, homicide, miscarriage of justice, news, retrials by sally

‘Sally Challen’s case has become well known in recent years, as a miscarriage of justice that resulted in a woman spending years behind bars for an offence she did not commit. The facts were not in dispute. In August 2010 she had reconciled with Richard, her partner and husband of forty years, after previously leaving the matrimonial home and starting divorce proceedings. Over lunch, she beat him to death with a hammer. Subsequently dissuaded from committing suicide, she was convicted of his murder and sentenced to life imprisonment, with the prosecution describing her as jealous and possessive, and the jury rejecting her defence of diminished responsibility. In 2019 the Court of Appeal allowed her appeal, quashed her conviction, and directed a re-trial to reconsider the defences of diminished responsibility and provocation, in the light of new expert evidence about the effect of coercive control in a relationship. Richard had behaved appallingly towards Slly during their relationship. Finally in September 2019 the Crown accepted the plea that Sally Challen had offered throughout, that of guilty to manslaughter by reason of diminished responsibility. Edis J sentenced her to 9 years and 4 months imprisonment, with the effect that she was immediately released.’

St John's Chambers, 28th May 2020

Source: www.stjohnschambers.co.uk

The Scope of the Last Straw Doctrine: Identifying The Camel’s Back. Williams v The Governing Body of Alderman Davies Church in Wales Primary School UKEAT/0109/19/LA – Parklane Plowden Chambers

Posted May 28th, 2020 in appeals, chambers articles, constructive dismissal, employment, employment tribunals, news, unfair dismissal by sally

‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’

Parklane Plowden Chambers, 12th May 2020

Source: www.parklaneplowden.co.uk

Court of Appeal says coronavirus stay also covers appeals against possession orders – Local Government Lawyer

Posted May 28th, 2020 in appeals, coronavirus, housing, local government, news, practice directions, repossession by sally

‘The suspension of possession proceedings due to the COVID-19 outbreak applies to appeals as well as new cases, the Court of Appeal has ruled.’

Local Government Lawyer, 28th May 2020

Source: www.localgovernmentlawyer.co.uk

Business and Property: ToLATA update May 2020 – St Ives Chambers

Posted May 28th, 2020 in appeals, chambers articles, land registration, news, trusts, valuation by sally

‘By way of observation, the principle set out in Bagum-v-Hafiz [2015] EWCA Civ 801 whereby a beneficiary under a trust of land may effectively buy out the others interests appears to be increasingly applied and it has been recently considered in the Court of Appeal case of In the matter of the Estate of Roger Kingsley sub nom (1) Karim Sophie Kingsley (2) Aaron Richard Playle (as Executors of the Estate of Roger John Kingsley) v Sally Margaret Kingsley [2020] EWCA Civ 297. There, the Court of Appeal rejected the appeal that in a farming partnership case the judge had not been entitled to make an orderforsale at a court-assessed price rather than ordering a sale on the open market. Unlike a trustee, the court was not required to get the best price for the property. The Court rejected the notion that Bagum required some sort of valuation threshold to be overcome. On the contrary, Bagum was authority for the proposition that valuation (and the risk that the court-assessed value would not necessarily be the same as the price in an open market sale) was clearly a discretionary matter.’

St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

When 52 is also 51 because 55. – Nearly Legal

Posted May 28th, 2020 in appeals, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘An appeal to the Court of Appeal on the issue of whether appeals of possession orders (or indeed appeals from Part 55 possession proceedings generally) are caught by the Practice Direction 51Z stay of part 55 possession claims.’

Nearly Legal, 27th May 2020

Source: nearlylegal.co.uk

Sally Challen can inherit controlling husband’s estate, rules judge – The Guardian

Posted May 28th, 2020 in appeals, coercive & controlling behaviour, domestic violence, families, homicide, inheritance tax, murder, news, victims, wills by sally

‘A woman who won an appeal over her conviction for murdering her controlling husband can inherit his estate, a judge has ruled.’

The Guardian, 27th May 2020

Source: www.theguardian.com

Can urns be buildings? Supreme Court rules in landmark listing dispute – Law Society’s Gazette

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘A landowner who sold two 18th century lead urns he had inherited with his home without realising that they were subject to a listing order has had his appeal against an enforcement notice backed by the Supreme Court. Today’s ruling in Dill v Secretary of State for Housing and Local Government could help clarify the definition of “building” on the statutory list.’

Law Society's Gazette, 20th May 2020

Source: www.lawgazette.co.uk

New Judgment: Dill v Secretary of State for Housing, Communities and Local Government & Anor [2020 UKSC 20] – UKSC Blog

Posted May 27th, 2020 in appeals, listed buildings, local government, news, planning, Supreme Court by sally

‘This appeal concerns the correct treatment of a pair of early 18th century lead urns resting on limestone pedestals. It raised important questions about the correct interpretation and application of the Planning (Listed Buildings and Conservation Areas) Act 1990, namely, whether the items were “buildings” for the purposes of the Act. The Courts below concluded that the items were “buildings” and the applicant appealed to the Supreme Court.’

UKSC Blog, 27th May 2020

Source: ukscblog.com

Patents – Rockwool International A/S v Knauf Insulation Ltd – NIPC Law

Posted May 27th, 2020 in appeals, news, patents by sally

‘This was an appeal from the refusal of the hearing officer, Mr Huw Jones, to revoke British patents GB2451719 (“719”) and GB2496951(“951”) (see Rockwool International A/S and Knauf Insulation Limited BL 0/291/19 28 May 2019).’

NIPC Law, 23rd May 2020

Source: nipclaw.blogspot.com

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

Posted May 26th, 2020 in appeals, costs, disciplinary procedures, Law Commission, Law Society, news, public interest, solicitors, Solicitors Regulation Authority by sally

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

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