Category: appeals

Back to the drawing board for patient autonomy? Informed consent following McCulloch – Guildhall Chambers

Posted November 15th, 2023 in appeals, chambers articles, consent, doctors, negligence, news by sally

‘In the most significant decision on informed consent since Montgomery, the Supreme Court have held that the question of what “reasonable alternative treatments” a doctor has a duty to inform their patient about is governed by the “professional practice test” (as in Bolam). As to the disclosure of “material risks” inherent in treatment, the test in Montgomery endures.’

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Guildhall Chambers, 24th October 2023

Source: www.guildhallchambers.co.uk

Reassurances, Assurances or Uncertainties? – Hailsham Chambers

Posted November 15th, 2023 in appeals, chambers articles, insurance, jurisdiction, news by sally

‘In this case note Simon Howarth KC discusses the CoA’s review of R (Assurant) V FOS [2023] EWCA Civ 1049 and the jurisdiction issues that arose as a result.’

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Hailsham Chambers, 5th October 2023

Source: www.hailshamchambers.com

Supreme Court rules Rwanda asylum policy unlawful – BBC News

Posted November 15th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK’s highest court has ruled the Rwanda asylum policy is unlawful.’

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BBC News, 15th November 2023

Source: www.bbc.co.uk

UK appeal court dismisses £1.3m award over share purchase agreement wording – OUT-LAW.com

Posted November 15th, 2023 in appeals, damages, drafting, interpretation, news, shareholders by sally

‘A Court of Appeal ruling that overturned a £1.31 million damages award for breach of a share purchase agreement (SPA) demonstrates the importance of careful interpretation of SPA drafting in order to correctly notify and plead breach of warranty claims, according to one legal expert.’

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OUT-LAW.com, 14th November 2023

Source: www.pinsentmasons.com

Bad Optics: The High Court Focuses on Panel Member’s Apparent Bias in Suleman v General Optical Council [2023] EWHC 2110 (Admin) – Mountford Chambers

Posted November 14th, 2023 in appeals, bias, chambers articles, conflict of interest, employment, news, recusal by sally

‘On 16 August 2023 the High Court handed down its judgment allowing the appeal in Suleman v General Optical Council [2023] EWHC 2110 (Admin). The High Court found that a panel member should have recused himself due to his connections to the appellant’s former employer. His failure to do so tainted the entire proceedings.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

CPR Witness Statements: Lost in Translation – St John’s Buildings

Posted November 14th, 2023 in appeals, chambers articles, civil procedure rules, news, practice directions, witnesses by sally

‘An appeal was recently heard by, Mr Justice Freedman, about whether the preparation of a witness statement in English by a multilingual Claimant was CPR compliant or, in breach of Practice direction, 32.PD.18.1. The case is now reported as Afzal v UK Insurance Ltd (2023) EWHC 1730 KB.’

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St John's Buildings, 31st October 2023

Source: stjohnsbuildings.com

Court of Appeal adds additional hurdle to pension trustees recouping payments – OUT-LAW.com

Posted November 13th, 2023 in appeals, courts, enforcement, jurisdiction, local government, news, ombudsmen, pensions by tracey

‘Pension trustees in the UK will have to take an extra step to recover a disputed overpayment, as the English Court of Appeal has recently ruled that the Pensions Ombudsman (PO) is not a “competent court” for such purpose.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

How should schools and colleges investigate allegations of sexual assault against its staff? – Local Government Lawyer

Posted November 13th, 2023 in appeals, child abuse, children, disciplinary procedures, employment, employment tribunals, local government, news, professional conduct, school children, sexual offences, teachers by tracey

‘Investigating allegations against staff is one of the most challenging issues for schools and colleges. Some lessons can be learned from a recent case, writes Joanne Moseley.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Explaining Churchill v Merthyr Tydfil County – Local Government Lawyer

Posted November 13th, 2023 in appeals, damages, housing, local government, news, nuisance by tracey

‘Elizabeth England, of Five Paper Chambers, runs through the key points of the latest Court of Appeal Japanese Knotweed case.’

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Local Government Lawyer, 10th November 2023

Source: www.localgovernmentlawyer.co.uk

Court of Appeal backs taxpayer in share exchange anti-avoidance case – OUT-LAW.com

Posted November 10th, 2023 in appeals, HM Revenue & Customs, news, tax avoidance, taxation by tracey

‘The Court of Appeal in England has backed a taxpayer over its restructuring of a corporate transaction to facilitate tax savings on a share exchange scheme, confirming the earlier decisions of the tax tribunals.’

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OUT-LAW.com, 10th November 2023

Source: www.pinsentmasons.com

Court of Appeal to conclude hearing on compulsory ADR – Legal Futures

Posted November 10th, 2023 in appeals, damages, dispute resolution, housing, local government, news, nuisance by tracey

‘The Court of Appeal will today conclude a three-day hearing on whether the courts can stay proceedings and require parties to engage in ADR as a condition of being able to continue their claims.’

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Legal Futures, 10th November 2023

Source: www.legalfutures.co.uk

SRA appeals ‘astonishing’ £5,000 tribunal costs order – Law Society’s Gazette

Posted November 10th, 2023 in appeals, costs, disciplinary procedures, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘A Solicitors Disciplinary Tribunal costs order of £5,000 was appealed today in the first such challenge by the Solicitors Regulation Authority. Describing the order as ‘astonishing’, the SRA said the correct figure should have been £18,500.’

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Law Society's Gazette, 9th November 2023

Source: www.lawgazette.co.uk

Critically-ill baby’s parents take end-of-life care fight to appeal court – The Independent

Posted November 10th, 2023 in appeals, children, citizenship, doctors, families, family courts, Italy, medical treatment, news by tracey

‘The parents of a critically ill baby who has been at the centre of a life-support fight are preparing to mount an appeal after failing to persuade a High Court judge to let the little girl receive end-of-life care at home.’

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The Independent, 10th November 2023

Source: www.independent.co.uk

UK supreme court to rule on legality of plan to send asylum seekers to Rwanda – The Guardian

Posted November 10th, 2023 in appeals, asylum, deportation, government departments, immigration, news, refugees, Rwanda, Supreme Court by tracey

‘Rishi Sunak’s government will discover next Wednesday whether its flagship immigration policy of sending asylum seekers to Rwanda is lawful.’

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The Guardian, 9th November 2023

Source: www.theguardian.com

King v Dubrey: Keeping donatio mortis causa ‘within its proper bounds’ – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, news, wills by sally

‘The doctrine of donatio mortis causa has been placed within new parameters by the Court of Appeal in King v Dubrey. The doctrine is one of a handful that allow a testator to sidestep their will and the statutory safeguards of the Wills Act 1837 and the Law of Property 1925. As such, it comes with it the risk of attracting “unscrupulous treasure hunters” making fraudulent claims. The Court of Appeal, alert to this risk, sought to revert the doctrine’s expansion over the 19th and 20th centuries and place it within its “proper bounds”. This article seeks to analyse these proper bounds and to aid practitioners navigate the doctrine post-King.’

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Pallant Chambers, 13th October 2023

Source: www.pallantchambers.co.uk

Alerter by George Mallet & William Moody – Supreme Court Judgment on unfair relationships and PPI claims: Smith v RBS [2023] UKSC 34 – Henderson Chambers

Posted November 9th, 2023 in appeals, banking, chambers articles, compensation, insurance, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court has given judgment in Smith and Burrell v Royal Bank of Scotland Plc [2023] UKSC 34, overturning the Court of Appeal and disagreeing with the bank’s limitation argument.’

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Henderson Chambers, 5th October 2023

Source: www.hendersonchambers.co.uk

Court of Appeal allows appeal by father over interim care order – Local Government Lawyer

Posted November 9th, 2023 in appeals, care orders, children, drug abuse, families, local government, mental health, news by sally

‘The Court of Appeal has allowed a father’s appeal against interim care orders made in respect of his three children.’

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Local Government Lawyer, 8th November 2023

Source: www.localgovernmentlawyer.co.uk

SP v DM [2023] EWHC 2089 (Fam): Important ruling on giving evidence in Family Court proceedings – Pallant Chambers

Posted November 9th, 2023 in appeals, chambers articles, evidence, families, family courts, news, pregnancy by sally

‘Eve Anstey for Respondent Father – Giving evidence at a fact-finding hearing is, at the best of times, a stressful and emotional experience. Add to that a pregnancy in its third trimester and an important issue on principle is raised about the parameters of the court’s duty to ensure that a trial is conducted fairly whilst ensuring that the mother’s vulnerability is properly protected. In SP v DM, Sir Jonathan Cohen considered that very issue and the Appellant mother’s arguments which significantly attacked the court for purported procedural irregularity in the way that it conducted the fact-finding hearing in respect of mother’s evidence in light of her pregnancy. The appeal was dismissed on all grounds.’

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Pallant Chambers, 14th October 2023

Source: www.pallantchambers.co.uk

Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers

Posted November 9th, 2023 in appeals, chambers articles, employment, holiday pay, news, Northern Ireland, police, Supreme Court by sally

‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’

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Exchange Chambers, 31st October 2023

Source: www.exchangechambers.co.uk

The Pensions Ombudsman – competent but not a court – Pensions Barrister

Posted November 9th, 2023 in appeals, chambers articles, courts, jurisdiction, news, ombudsmen, pensions by sally

‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’

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Pensions Barrister, 9th November 2023

Source: www.pensionsbarrister.com