Category: appeals

Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by tracey

‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’

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Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

In depth: Supreme Court’s Sky ruling sends ‘shockwaves’ through IP sector – Law Society’s Gazette

Posted November 18th, 2024 in appeals, intellectual property, media, news, Supreme Court, trade marks by tracey

‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’

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Law Society's Gazette, 17th November 2024

Source: www.lawgazette.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

Posted November 15th, 2024 in appeals, children, families, female genital mutilation, human rights, immigration, news, Supreme Court by sally

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

Posted November 15th, 2024 in appeals, employment, employment tribunals, news, pensions, rectification, Supreme Court, trade unions by sally

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

Posted November 15th, 2024 in appeals, benefits, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news by sally

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

FCA urges Supreme Court to act quickly over car finance mis-selling – Legal Futures

Posted November 15th, 2024 in appeals, consumer credit, consumer protection, news, Supreme Court by sally

‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’

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Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Splitting hairs: A review of the ‘related to’ test under section 26 Equality Act 2010 – Cloisters

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, equality, harassment, news, sex discrimination by sally

‘In Finn v British Bung Manufacturing Company [2023] EAT 165, the EAT upheld an employment tribunal’s decision that calling a male colleague a ‘bald c**nt’ was harassment related to sex. The employer’s counterargument, that baldness is not an exclusively male characteristic, failed.’

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Cloisters, 8th October 2024

Source: www.cloisters.com

Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

Man freed after appealing against riots sentence – BBC News

Posted November 8th, 2024 in appeals, disabled persons, immigration, imprisonment, mental health, news, sentencing, violent disorder by michael

‘An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing against his sentence.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Firm loses appeal against directors who quit to run their own business – Law Society’s Gazette

Posted November 8th, 2024 in appeals, fiduciary duty, law firms, news, solicitors by tracey

‘A Liverpool firm has lost its legal fight against two former directors who left to form their own business. The Court of Appeal ruled this week that CEL Solicitors had no basis for alleging that Thomas Blanchfield and Mark Montaldo had breached their fiduciary duty before resigning in 2023.’

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Law Society's Gazette, 6th November 2024

Source: www.lawgazette.co.uk

Housing case law: September & October 2024 – Local Government Lawyer

Posted November 8th, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, local government, news, repairs, Supreme Court by tracey

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

Olivia killer’s bid to appeal murder conviction – BBC News

Posted November 7th, 2024 in appeals, murder, news by tracey

‘The man who shot nine-year-old Olivia Pratt-Korbel will try and seek permission to appeal his conviction for her murder in court later this month.’

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BBC News, 6th November 2024

Source: www.bbc.co.uk

HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer

Posted November 6th, 2024 in appeals, houses in multiple occupation, housing, licensing, local government, news, notification by tracey

‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Gabriel Tan: A confused approach to irrationality: Oakley and Sneddon v Secretary of State for Justice – UK Constitutional Law Association

Posted November 4th, 2024 in appeals, constitutional law, Ministry of Justice, news, parole, prisons by tracey

‘On 28 October 2024, the Court of Appeal handed down its eagerly-awaited judgment in Oakley and Sneddon v Secretary of State for Justice, concerning the proper approach to cases where the Secretary of State rejects advice from the Parole Board to transfer prisoners to open prison conditions.’

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UK Constitutional Law Association, 4th November 2024

Source: ukconstitutionallaw.org

Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures

Posted November 4th, 2024 in appeals, delay, immigration, judicial review, news, time limits by tracey

‘The “serious failings” of an immigration claimant’s lawyers in appealing a decision were rendered irrelevant by mistakes in the Court of Appeal office, the court has admitted.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Surge in backlog of wrongful conviction appeals at under-fire watchdog – The Independent

Posted November 4th, 2024 in appeals, Criminal Cases Review Commission, criminal justice, delay, Ministry of Justice, miscarriage of justice, news, statistics by tracey

‘The backlog of people left waiting to know whether they will be allowed to reappeal an alleged miscarriage of justice has soared by nearly half in just four years, The Independent can reveal.’

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The Independent, 2nd November 2024

Source: www.independent.co.uk

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

Posted November 1st, 2024 in adoption, appeals, children, families, family courts, local government, news, placement orders, social services by tracey

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

AGA appeal raises important UK copyright questions – OUT-LAW.com

Posted November 1st, 2024 in appeals, copyright, intellectual property, news, trade marks by tracey

‘Important questions of UK copyright law are set to be considered by the Court of Appeal in London next year in a case in which a dispute has arisen over intellectual property rights relating to AGA cookers.’

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Out-law.com, 31st October 2024

Source: www.pinsentmasons.com

Palestinian student stripped of UK visa after Gaza remarks wins human rights appeal – The Guardian

Posted October 31st, 2024 in appeals, demonstrations, government departments, human rights, immigration, Israel, news, universities, visas by michael

‘A Palestinian student who was stripped of her student visa after remarks she made about the Israel-Gaza war has won a human rights appeal against the Home Office’s decision.’

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The Guardian, 30th October 2024

Source: www.theguardian.com