Starmer in public row with most senior judge over Gaza immigration decision – The Independent

Posted February 19th, 2025 in appeals, government departments, immigration, Israel, judges, judiciary, news, parliament by tracey

‘Sir Keir Starmer has found himself in a row with the most senior judge in England and Wales after criticising an immigration decision at last week’s Prime Minister’s Questions.’

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The Independent, 19th February 2025

Source: www.independent.co.uk

Norman Hay Plc (in Member’s Voluntary Liquidation) v Marsh Ltd – 4 New Square

Posted February 18th, 2025 in appeals, causation, chambers articles, insolvency, negligence, news by tracey

‘In this case analysis, Nicholas Broomfield and Diarmuid Laffan discuss Norman Hay Plc v Marsh Ltd, examining its treatment of causation principles in brokers’ negligence claims and its clarification of the limited circumstances in which Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) applies.’

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4 New Square, 11th February 2025

Source: www.4newsquare.com

Southport killer Axel Rudakubana’s sentence not unduly lenient, attorney general says – The Independent

‘Southport killer Axel Rudakubana’s sentence was not unduly lenient and will not be referred to the Court of Appeal, the attorney general has said.’

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The Independent, 14th February 2025

Source: www.independent.co.uk

Court of Appeal adopts intervener’s submissions in Higgs v Farmor’s School and upholds guidance provided by the EAT in landmark case of manifestation of religion and belief – Cloisters Chambers

‘The Court of Appeal has today upheld the guidance provided by the EAT, that was proposed by Sarah Fraser Butlin KC for the Archbishops’ Council, in a major decision concerning the question of how courts and tribunals should approach religious or philosophical belief discrimination cases concerning the manifestation of belief – when people are treated less favourably because they have done or said something expressing their protected beliefs. The guidance will be of real practical assistance to employers and employees.’

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Cloisters Chambers, 12th February 2025

Source: www.cloisters.com

School employee wins Court of Appeal battle over dismissal for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer

‘The Court of Appeal has allowed an appeal from a Christian school employee who was dismissed because she posted messages on her personal Facebook account opposing the teaching in schools, and in particular primary schools, of “gender fluidity” and that same-sex marriage is equivalent to marriage between a man and a woman.’

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Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

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Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court quashes extradition of trader in ‘landmark’ judgment – Law Society’s Gazette

‘The extradition to the US of a man accused of insider trading has been quashed by the Supreme Court in a “landmark judgment” after the court itself granted permission to appeal.The appeal centred on the definition of an “extradition offence” and the operation of the double criminality rule in section 137 of the Extradition Act 2003.’

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Law Society's Gazette, 13th February 2025

Source: www.lawgazette.co.uk

MoJ to pay Andrew Malkinson ‘significant’ sum over wrongful rape conviction – The Guardian

‘Andrew Malkinson is to be given a payout by the Ministry of Justice, more than a year and a half after the court of appeal declared his innocence.’

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The Guardian, 12th February 2025

Source: www.theguardian.com

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by tracey

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer

‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’

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Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

Hear my trial a comin’: Sony’s appeal dismissed in Jimi Hendrix record rights dispute – Law Society’s Gazette

Posted February 11th, 2025 in appeals, artistic works, copyright, intellectual property, news, striking out by tracey

‘Sony Music has lost its appeal in the long-running claim on the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer Mitch Mitchell.’

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Law Society's Gazette, 10th February 2025

Source: www.lawgazette.co.uk

Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com

Posted February 10th, 2025 in appeals, bankruptcy, damages, enforcement, foreign jurisdictions, insolvency, news, Russia by tracey

‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 7th, 2025 in appeals, EC law, medicines, news by Lily

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk

Pensions tribunal decisions highlight need for procedural compliance – OUT-LAW.com

Posted February 6th, 2025 in appeals, employment, fines, news, ombudsmen, pensions, statistics, tribunals by sally

‘A number of recent UK First-tier Tribunal (FTT) rulings highlight the importance of following the tribunal’s rules, in particular to provide the documentation required in appeals against The Pensions Regulator, an expert has said.’

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OUT-LAW.com, 5th February 2025

Source: www.pinsentmasons.com

After experts find ‘no medical evidence’ of murder, will Lucy Letby get a retrial? – The Guardian

‘Despite 14 leading experts concluding there was “no medical evidence” that Lucy Letby murdered babies, there is no guarantee that her case will be sent back to the court of appeal – let alone quickly.’

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The Guardian, 5th February 2025

Source: www.theguardian.com

Homelessness – local connection and necessity – Nearly Legal

‘Hussaini v Islington London Borough Council (2025) EWCA Civ 22. Mr Hussaini was a refugee. He had been accommodated in Barking & Dagenham area. On grant of leave to remain, he applied as homeless to Islington. Islington decided he did not have a local connection to the borough and referred the application to Barking. Mr H sought a review and s.204 appeal but was unsuccessful on both. He appealed to the Court of Appeal.’

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Nearly Legal, 2nd February 2025

Source: nearlylegal.co.uk

Solicitor “cannot complain” to JCIO about judge’s criticism – Legal Futures

‘The High Court has rejected a solicitor and his client’s bid to challenge the Judicial Conduct Investigations Office’s (JCIO) refusal to entertain their complaints about three Court of Appeal judges.’

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Legal Futures, 4th February 2025

Source: www.legalfutures.co.uk

Case of last wrongly convicted Stockwell Six member referred to court of appeal – The Guardian

‘The last convicted member of the Stockwell Six, a group of young black men falsely accused of trying to rob a corrupt police officer more than half a century ago, has had his case referred back to the court of appeal.’

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The Guardian, 31st January 2025

Source: www.theguardian.com

The Employment Relations Act 1999 (Blacklists) Regulations 2010: Ryanair DAC v Benjamin Morais & Ors – Devereux Chambers

‘Analysis from Stuart Brittenden KC and Bruce Carr KC.’

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Devereux Chambers, 17th January 2025

Source: www.devereuxchambers.co.uk