Sumption calls for larger Supreme Court panels – Litigation Futures

Posted October 8th, 2018 in appeals, judges, judgments, lists, news, Supreme Court by sally

‘The Supreme Court should sit in larger panels more often, Lord Sumption has suggested, although he recognised that it could lead to fewer appeals being allowed.’

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Litigation Futures, 5th October 2018

Source: www.litigationfutures.com

The need for a ‘joined up’ or holistic evaluation of welfare in children proceedings – Family Law

‘In AH v CD and others [2018] EWHC 1643 (Fam), [2018] All ER (D) 162 (Jun) an application by a father who sought his son’s return to Spain, after the child was taken out of the jurisdiction by his mother, raised issues under the 1980 Hague Convention, and also as to the discharge of a care order made by a court which had not been told of the child’s father’s whereabouts. Richard Jones, barrister at 1 Garden Court Chambers, explains the issues.’

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Family Law, 28th August 2018

Source: www.familylaw.co.uk

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Judge orders indemnity costs against NHS trust for outrageous “bimbling” – Litigation Futures

Posted August 2nd, 2018 in costs, delay, hospitals, judgments, news by tracey

‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’

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Litigation Futures, 2nd August 2018

Source: www.litigationfutures.com

Ex-husband used corporate structures to conceal wealth, court rules – OUT-LAW.com

‘An English court has ordered a wealthy Russian businessman to transfer ownership of a luxury yacht from one of his companies to his ex-wife, in order to satisfy part of their divorce settlement.’

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OUT-LAW.com, 3rd May 2018

Source: www.out-law.com

MoJ “considering wider impact” of employment tribunal fees ruling as it ramps up refund efforts – Litigation Futures

Posted May 3rd, 2018 in courts, employment tribunals, fees, judgments, news, repayment by tracey

‘The Ministry of Justice (MoJ) is taking legal advice on the wider implications of last year’s Supreme Court ruling that the introduction of employment tribunal fees was unlawful, it has emerged.’

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Litigation Futures, 3rd May 2018

Source: www.litigationfutures.com

Ecclesiastical court judgments – April – Law & Religion UK

Posted May 1st, 2018 in ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during April 2018.’

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Law & Religion UK, 30th April 2018

Source: www.lawandreligionuk.com

Three examples of how not to do family justice – Transparency Project

Posted April 18th, 2018 in family courts, judgments, judiciary, mistake, news by sally

‘This week involves a trio of disastrous cases where things have gone wrong and judges have explained why.’

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Transparency Project, 17th April 2018

Source: www.transparencyproject.org.uk

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

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Family Law, 13th April 2018

Source: www.familylaw.co.uk

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by tracey

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

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UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Ecclesiastical court judgments – February 2018 – Law & Religion UK

‘Review of the ecclesiastical court judgments during February 2018.’

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Law & Religion UK, 3rd March 2018

Source: www.lawandreligionuk.com

Does the inclusion of families and children in family proceedings go far enough? – Family Law Week

Posted February 23rd, 2018 in children, families, family courts, judgments, news, witnesses by tracey

‘Adele Cameron-Douglas, barrister of 4 Paper Buildings, asks how children can continue to be involved in proceedings that concern them after their conclusion.’

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Family Law Week, 22nd February 2018

Source: www.familylawweek.co.uk

LCIA transparency drive welcomed as anonymised challenge decisions published – OUT-LAW.com

Posted February 15th, 2018 in anonymity, arbitration, judgments, news, publishing by sally

‘The recent publication of an online database of anonymised arbitrator challenge decisions by the London Court of International Arbitration (LCIA) is a “significant development in regards to transparency”, an expert has said.’

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OUT-LAW.com, 14th February 2018

Source: www.out-law.com

Ecclesiastical court judgments – December and January – Law & Religion UK

Posted February 1st, 2018 in courts, ecclesiastical law, judgments, news by tracey

‘Review of the ecclesiastical court judgments during January 2018, & additional judgments from 2017.’

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Law & Religion UK, 31st January 2018

Source: www.lawandreligionuk.com

Application of Provincial Court decisions – Law & Religion UK

Posted January 30th, 2018 in Church of England, courts, ecclesiastical law, judgments, news by sally

‘On 8 February, General Synod will consider the Report of the Revision Committee, GS 2064Y, on the draft Church of England (Miscellaneous Provisions) Measure, GS 2064A. An issue of relevance to ecclesiastical jurisdiction is Clause 7, which will finally resolve an on-going issue of the applicability of decisions of the Provincial Courts.’

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Law & Religion UK, 29th January 2018

Source: www.lawandreligionuk.com

Kisses and cuddles not enough… – Transparency Project

Posted January 23rd, 2018 in adoption, judgments, learning difficulties, news by sally

‘The BBC recently reported that two children were to be adopted ‘as kisses and cuddles [were] not enough‘.’

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Transparency Project, 20th January 2018

Source: www.transparencyproject.org.uk

Crowdsourcing “can accurately predict court decisions 80% of time” says study – Legal Futures

Posted January 8th, 2018 in civil justice, judgments, legal aid, news by sally

‘Crowdsourcing is an accurate predictor of court judgments, at best proving accurate in over eight out of ten cases, according to a rigorous analysis.’

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Legal Futures, 8th January 2018

Source: www.legalfutures.co.uk

10 cases that defined 2017 – UK Human Rights Blog

Posted January 4th, 2018 in human rights, judgments, news by sally

‘2017 has been a dramatic year in global politics and no less in the world of human rights law.’

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UK Human Rights Blog, 22nd December 2017

Source: ukhumanrightsblog.com

Court of Appeal upholds assignments of pre-LASPO CFAs – 4 New Square

Posted December 11th, 2017 in agreements, appeals, assignment, contracts, costs, fees, judgments, law firms, news by sally

‘Today [5 December] the Court of Appeal gave it’s eagerly awaited judgment in Budana v The Leeds Teaching Hospitals NHS Trust [2017] EWCA Civ 1980. Overturning the decision of DJ Besford in the County Court at Kingston-Upon-Hull, the court ruled that a pre-LASPO CFA could validly be transferred from one firm of solicitors to another, even after 1 April 2013, in such a way as to preserve the right to recover success fees and ATE premiums, provided all three parties (client and both firms) expressly so agreed.’

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4 New Square, 5th December 2017

Source: www.4newsquare.com

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk