Not “wrong in law” for judges to change transcripts – Litigation Futures

Posted May 19th, 2017 in amendments, judgments, judiciary, news, reasons by tracey

‘It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held.’

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Litigation Futures, 19th May 2017

Source: www.litigationfutures.com

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Charlene Ashiru on Protecting Your Judgment: A New Tort of Asset-Stripping? – Littleton Chambers

‘Whilst it might be tempting as a Defendant company to dissipate assets to avoid Judgment debts, it is ill-advised and is unlikely to provide an easy escape.’

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Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

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Decorated Royal Marine cleared of photobomb sex assault at university ball – Daily Telegraph

Posted May 15th, 2017 in assault, judgments, news, sexual offences, universities by sally

‘A decorated Royal Marine who was accused of sexually assaulting a student at her graduation ball while photobombing a picture has been cleared.’

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Daily Telegraph, 12th May 2017

Source: www.telegraph.co.uk

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Court of Appeal decides Supreme Court ruling in Hesham Ali is already redundant – Free Movement

Posted April 20th, 2017 in appeals, human rights, immigration, judgments, news, precedent, Supreme Court by sally

‘The Court of Appeal has in the case of NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 decided that the Supreme Court’s landmark judgment in Hesham Ali [2016] UKSC 60 is confined to cases in which the Immigration Rules are applied and does not apply to cases decided under the statutory human rights considerations introduced by the Immigration Act 2014.’

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Free Movement, 18th April 2017

Source: www.freemovement.org.uk

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Lady Hale on indirect discrimination: Essop and Naeem – Law & Religion UK

‘In Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27, there were two conjoined cases: Essop and Naeem v Secretary of State for Justice. The Supreme Court gave a unanimous judgment on both.’

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Law & Religion UK, 7th April 2017

Source: www.lawandreligionuk.com

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Collective Proceedings in the CAT: mobility scooters roll on for now – Competition Bulletin from Blackstone Chambers

‘Last Friday the CAT handed down a judgment on the first ever-application for a collective proceedings order under the new regime introduced by the Consumer Rights Act 2015. The judgment will generally be welcomed by potential claimants, but it has a sting in the tail which may cause serious difficulties for class actions in other vertical infringement cases.’

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Competition Bulletin from Blackstone Chambers, 6th April 2017

Source: www.competitionbulletin.com

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Judge rules ‘paedophile hunters’ can continue posing as children online – The Guardian

‘Self-described “paedophile hunters” have welcomed a court ruling that will allow them to continue to pose as children online to catch sexual predators.’

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The Guardian, 8th April 2017

Source: www.guardian.co.uk

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Judges once again avoid right to die issue – UK Human Rights Blog

‘Noel Douglas Conway, 67, is a victim of motor neurone disease. He has just been refused permission to seek judicial review of the criminalisation of physician-assisted suicide under the Suicide Act 1961. The High Court considered that Parliament has recently examined the issue following the Supreme Court decision in the 2014 Nicklinson case , and two out of three judges concluded that it would be “institutionally inappropriate” for a court to declare that s.2(1) of the Suicide Act was incompatible with the right to privacy and autonomy under Article 8 of the ECHR. Charles J dissented (and those who are interested in his opinion might want to look at his ruling last year in the case of a minimally conscious patient).’

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UK Human Rights Blog, 2nd April 2017

Source: www.ukhumanrightsblog.com

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Ilott – Upholding Testamentary Freedom – Family Law Week

‘Mark Jones, barrister, Three Dr Johnson’s Buildings, examines the judgment in the first Inheritance Act appeal to be heard by the Supreme Court and its implications for future claims.’

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Family Law Week, 23rd March 2017

Source: www.familylawweek.co.uk

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Relief from Sanctions: Simon Patterson (The Trustee in Bankruptcy of George Spencer) v George Spencer and Others [2017] EWCA Civ 140 – Zenith PI Blog

Posted March 24th, 2017 in appeals, bankruptcy, judgments, news, sanctions, striking out, time limits by sally

‘The Appellant (the sixth Defendant in proceedings regarding the bankruptcy of her father) sought relief from sanctions after her application for permission to appeal was struck out for failure to provide a transcript of the judgment.’

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Zenith PI Blog, 21st March 2017

Source: www.zenithpi.wordpress.com

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Munby: ‘judges should not have to justify themselves’ – Law Society’s Gazette

Posted March 13th, 2017 in appeals, judges, judgments, judiciary, media, news by sally

‘The most senior family judge has stepped into the controversy over press attacks on the judiciary, telling solicitors that judges should not have to justify their rulings – while conjuring a dystopian vision of judges being hauled on to Newsnight to defend themselves.’

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Law Society’s Gazette, 10th March 2017

Source: www.lawgazette.co.uk

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Recent ruling a reminder that journalistic defence can defeat data protection breach claims, says expert – OUT-LAW.com

‘ A ruling by the High Court in London last month highlights the special rules that publishers can rely on under UK data protection law to defeat claims that they have processed personal data unlawfully.’

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OUT-LAW.com, 8th March 2017

Source: www.out-law.com

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Yet another subject access judgment… – Panopticon

Posted March 8th, 2017 in appeals, costs, data protection, disclosure, documents, judgments, news, reasons, universities by tracey

‘So, as the saying goes, you wait months for a subject access judgment, and then three come along at once.’

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Panopticon, 6th march 2017

Source: www.panopticonblog.com

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Section 32 DPA: Resistance not Futile – Panopticon

‘We have banged the drum on Panopticon to almost Phil Collins-like levels on theme of the growing utility of the Data Protection Act to media lawyers, but it would be foolish to pretend it can always produce an answer from nowhere in a traditional journalism context. The judgment in ZXC v Bloomberg LP [2017] EWHC 328 (QB) reminds us of that.’

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Panopticon, 6th March 2017

Source: www.panopticonblog.com

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High Court: costs budget DOES trump detailed assessment – Litigation Futures

Posted February 27th, 2017 in appeals, budgets, civil procedure rules, costs, judges, judgments, news, stay of proceedings by tracey

‘An approved or agreed budget will bind the parties at detailed assessment unless there is good reason not to, the High Court has ruled in a decision that is almost certain to go to the Court of Appeal.’

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Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

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Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

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Income rules for foreign spouses upheld – BBC News

‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

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Opposite-sex civil partnerships? Steinfeld & Anor in the Court of Appeal – Law & Religion UK

‘S 1(1) Civil Partnership Act 2004 stipulates that only a same-sex couple may conclude a civil partnership: “A civil partnership is a relationship between two people of the same sex…”. In June 2014 the Coalition Government published the results of its second consultation on the future of civil partnership: Civil Partnership Review (England and Wales) – Report on Conclusions. After considering the responses to that consultation, the Government decided that it would not be making any changes at present.’

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Law & Religion UK, 21st February 2017

Source: www.lawandreligionuk.com

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Court of Appeal issues new-style short judgment – Local Government Lawyer

Posted February 20th, 2017 in appeals, courts, documents, judgments, news by sally

‘The Court of Appeal has issued a new-style ‘short judgment’ in an immigration case, avoiding the lengthy documents normally issued by courts.’

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Local Government Lawyer, 17th February 2017

Source: www.localgovernmentlawyer.co.uk

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Court of Appeal judges told to stop writing unneccesarily long judgments – Daily Telegraph

Posted February 9th, 2017 in appeals, judges, judgments, judiciary, news by sally

‘Court of Appeal judges have been told to stop unnecessarily long judgments and replace them with more concise rulings.’

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Daily Telegraph, 8th February 2017

Source: www.telegraph.co.uk

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