Booking referees: Supreme Court rules on employment status of part-time football officials – Employment & Discrimination Blog, 12 King’s Bench Walk

Posted October 16th, 2024 in appeals, chambers articles, employment, news, sport, Supreme Court by sally

‘The case concerned the employment status of part-time football referees who officiated professional football matches in the English Football League.’

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Employment & Discrimination Blog, 12 King's Bench Walk, 12th October 2024

Source: 12kbwemploymentlaw.wordpress.com

A rose by any other name: ‘a good arguable case’ in Isabel dos Santos v Unitel – 4 New Square

Posted October 16th, 2024 in appeals, chambers articles, freezing injunctions, injunctions, news by sally

‘In this article, 4 New Square Chambers’ Seohyung Kim analyses a recent Court of Appeal judgment that restates and clarifies the law regarding freezing injunctions.’

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4 New Square, 2nd October 2024

Source: www.4newsquare.com

SRA criticised for ‘legally misconceived’ case and costs appeal against solicitor – Law Society’s Gazette

‘A KC who represented a solicitor in the High Court after the Solicitors Regulation Authority appealed a costs order following a failed prosecution has criticised the regulator’s “legally misconceived” actions.’

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Law Society's Gazette, 11th October 2024

Source: www.lawgazette.co.uk

Lucy Letby: police and CPS handling of case raises new concerns about convictions – The Guardian

‘When the public inquiry into the crimes of the former nurse Lucy Letby opened in Liverpool last month its chair, Lady Justice Thirlwall, dismissed concerns about the safety of the convictions as “noise”. The judge cautioned that questions being raised were increasing the distress of parents whose children had died or been harmed.’

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The Guardian, 10th October 2024

Source: www.theguardian.com

The future of restructuring plans is being shaped by emerging case law – OUT-LAW.com

Posted October 9th, 2024 in appeals, company law, landlord & tenant, news by sally

‘The use of restructuring plans over the past year shows that they remain an important part of the restructuring toolkit in the UK – and, as companies continue to face economic challenges, we expect they will continue to be an option for businesses in the next 12 months too.’

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OUT-LAW.com, 8th October 2024

Source: www.pinsentmasons.com

Wild camping legal challenge goes to Supreme Court – BBC News

Posted October 9th, 2024 in appeals, commons, news, Supreme Court by sally

‘A long-running legal challenge over the right to wild camp on Dartmoor is being heard at the Supreme Court in London.’

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BBC News, 8th October 2024

Source: www.bbc.co.uk

CA rejects public access barristers’ bid for outstanding fees – Legal Futures

Posted October 7th, 2024 in appeals, barristers, consumer protection, fees, news by michael

‘The Court of Appeal has rejected a bid by two public access barristers to be paid nearly £125,000 in fees after the lower courts found a key term in their retainers unfair.’

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Legal Futures, 4th October 2024

Source: www.legalfutures.co.uk

Adverse possession – the time to believe? – Law Society’s Gazette

‘The Land Registration Act 2002 was thought to have killed off adverse possession as an active legal mechanism, but the recent case of Brown v Ridley has reopened the debate. The central issue: when is the 10-year period during which the applicant must have a reasonable belief to satisfy paragraph 5(4) of schedule 6? This is one of the three conditions which an applicant must satisfy if the registered title owner objects to the application for adverse possession.’

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Law Society's Gazette, 2nd October 2024

Source: www.lawgazette.co.uk

Postmaster jailed for wife’s murder seeks appeal – BBC News

Posted October 3rd, 2024 in appeals, domestic violence, inquiries, married persons, murder, news, postal service by sally

‘A former sub-postmaster serving life in prison for murdering his wife is seeking a fresh appeal of his conviction, arguing the Post Office Inquiry has shed new light on his case.’

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BBC News, 3rd October 2024

Source: www.bbc.co.uk

New English court rules will encourage settlement of litigation – OUT-LAW.com

Posted October 2nd, 2024 in appeals, civil procedure rules, dispute resolution, news by sally

‘New court rules in place from 1 October could lead to judges in England and Wales more frequently ordering parties to disputes to try to resolve them out of court.’

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OUT-LAW.com, 1st October 2024

Source: www.pinsentmasons.com

How to Challenge a ‘Clearly Unfounded’ Immigration Decision – EIN Blog

Posted September 30th, 2024 in appeals, asylum, government departments, human rights, immigration, judicial review, news by sally

‘In some circumstances, if your protection and/or human rights claim is refused, your claim may be certified by the Home Office as “clearly unfounded”. In this article we examine what to do next if you are facing this situation. You will be told that you have no right of appeal and that you must now leave the United Kingdom but such a designation is not necessarily the end of your claim in the UK. This article will go through your options if you receive a decision letter from the Home Office which refuses your claim and informs you the claim has been certified as “clearly unfounded”.’

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EIN Blog, 27th September 2024

Source: www.ein.org.uk

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by sally

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com

Crime victims in UK fight ‘devastating’ practice that stops appeal after a case is dropped – The Guardian

‘A “draconian” practice that stops crime victims challenging last-­minute decisions to drop their cases is leading to miscarriages of justice and must urgently be reformed, campaigners say.’

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The Guardian, 21st September 2024

Source: www.theguardian.com

The inquisitorial jurisdiction of the First-Tier Tribunal (HESC) – Local Government Lawyer

‘An Upper Tribunal judge has handed down an important ruling on the inquisitorial jurisdiction of the First-tier Tribunal (Health, Education and Social Care Chamber) in relation to EHCPs. Benjamin Harrison sets out the key points.’

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Local Government Lawyer, 18th September 2024

Source: www.localgovernmentlawyer.co.uk

King Crude Carriers SA -v- Ridgebury November LLC [2024] EWCA Civ 719: English contract law recognises doctrine of ‘deemed fulfilment’ of a condition precedent – Gatehouse Chambers

Posted September 18th, 2024 in appeals, chambers articles, contracts, damages, debts, deposits, news by sally

‘In a significant decision clarifying the scope of the ‘Mackay v Dick’ principle, the Court of Appeal has ruled that a party cannot rely on the non-fulfilment of a condition precedent to a debt to avoid its obligation to pay where the non-fulfilment is caused by its own breach of contract. The decision reflects the English contract law maxim that a person should not be permitted to take advantage of their own wrongdoing.’

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Gatehouse Chambers, 7th August 2024

Source: gatehouselaw.co.uk

They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg – Financial Remedies Journal

Posted September 16th, 2024 in appeals, bankruptcy, divorce, families, news by sally

‘They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg.’

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Financial Remedies Journal, 9th September 2024

Source: financialremediesjournal.com

Met Police Officer fined for assault after bus fare arrest has conviction quashed – The Independent

‘A Metropolitan Police officer who was fined £1,500 for assault after wrongly arresting a woman for evading a bus fare in Croydon has had his conviction quashed on appeal.’

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The Independent, 14th September 2024

Source: www.independent.co.uk

Granting injunctions against ‘newcomers’ — practical guidance from property litigators – Local Government Lawyer

Posted September 13th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘The Supreme Court’s decision in Anglo International Upholland Ltd v Wainwright [2023] 5 WLUK 613 confirmed the court’s power to grant injunctions against so-called “newcomers”. In the second of two articles, Helena Davies, Oskar Musial, Laura Tweedy and Gemma de Cordova consider the recent developments in newcomer injunctions and how that was dealt with in Upholland.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Procedural steps not taken by employee irrelevant to constructive dismissal claim – Local Government Lawyer

‘An employee’s failure to fully complete every step of an internal grievance process will not impact their right to claim constructive dismissal, according to the recent ruling by the Employment Appeal Tribunal (EAT) involving a local authority. Sharmin Chowdhury analyses the judgment.’

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Local Government Lawyer, 12th September 2024

Source: www.localgovernmentlawyer.co.uk

Man ‘not had a life’ as 1990 murder conviction quashed – BBC News

Posted September 12th, 2024 in appeals, evidence, learning difficulties, murder, news, police interviews by sally

‘A man with learning disabilities who says he felt under pressure to confess to murder says he has not “had a life” for the last 33 years.’

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BBC News, 11th September 2024

Source: www.bbc.co.uk