Man who killed ex to be released after appeal denied – BBC News
‘The family of a woman killed by her ex-partner have had an appeal against his release refused.’
BBC News, 12th September 2024
Source: www.bbc.co.uk
Category: appeals
Island hopping in a sea of evidence: Roach v General Medical Council [2024] EWHC 1114 (Admin) – 2 Hare Court
‘In Roach v General Medical Council [2024] EWHC 1114 (Admin), Ritchie J provided a comprehensive overview of the proper approach to appeals founded on a challenge to findings of fact made at Stage 1 by a professional tribunal.’
2 Hare Court, 9th September 2024
Source: www.2harecourt.com
Sufficiency of directions in cases involving delay and prejudicial material: Dutta v GMC [2024] EWHC (Admin) 1217 – 2 Hare Court
‘Dutta is a well-known name in professional discipline. In this more recent Dutta the High Court upheld certain grounds of appeal in relation to facts found by the MPT and remitted the matter back. However, the High Court rejected grounds which related to delay and the admissibility of evidence.’
2 Hare Court, 9th September 2024
Source: www.2harecourt.com
Lucy Letby – latest: Inquiry to begin into baby murders at NHS hospital as appeal attempt launched – The Independent
‘A public inquiry begins on Tuesday into the events surrounding the crimes of child serial killer nurse Lucy Letby.’
The Independent, 10th September 2024
Source: www.independent.co.uk
Renowned solicitor advocate Robin Makin loses appeal against £105,000 costs order – Law Society’s Gazette
‘A renowned solicitor advocate has had his appeal against a £105,000 costs order dismissed by a judge because he applied to the wrong court.’
Law Society's Gazette, 8th September 2024
Source: www.lawgazette.co.uk
Amber Valley Borough Council v Haytop Country Park Ltd [2024] UKUT 237 (LC) – No. 5 Barristers Chambers
‘In an important judgment, the Upper Tribunal (Lands Chamber) has allowed an appeal against the First-tier Tribunal’s decision in respect of a set of conditions attached to a caravan site licence issued by Amber Valley Borough Council to Haytop Country Park Ltd. Richard Kimblin KC appeared for the appellant Borough Council.’
No. 5 Barristers Chambers, 30th August 2024
Source: www.no5.com
Supreme Court hands down significant judgment on statutory interpretation and the “right to manage” regime – Landmark Chambers
‘Today [16 August], the Supreme Court has handed down a significant judgment in the second ever “leapfrog” appeal from the Upper Tribunal: A1 Properties (Sunderland) Ltd v Tudor Studios RTM Company Ltd [2024] UKSC 27. The appeal concerns an issue of statutory interpretation that frequently arises across all areas of the law: where a statute lays down a procedural framework for exercising a statutory right, but is silent as to the consequences of a failure to comply with that framework, how should the court ascertain what Parliament intended should follow from the non-compliance?’
Landmark Chambers, 16th August 2024
Source: landmarkchambers.co.uk
Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947 – St Philips Barristers
‘On Friday 9 August 2024 the Court of Appeal released its judgment in the appeal of Exolum Pipeline Systems Limited v HSE [2024] EWCA Crim 947. James Puzey appeared for the HSE with John Cooper KC and Elizabeth Boon for Exolum. The Company’s appeal against conviction was dismissed and its appeal against sentence was allowed. The Company operates the largest fuel pipeline network in the UK. On 9 March 2018 an underground, high pressure, fuel pipeline in Lincolnshire was suspected to be leaking petrol, albeit that was uncertain. The Company engaged a contractor and its own staff to investigate whether there was a leak. This was carried out by digging up the pipeline whilst it was still at high pressure and still pumping petrol.’
St Philips Barristers, 14th August 2024
Source: st-philips.com
The NPPF and development within the setting of national landscapes – Local Government Lawyer
‘Jack Parker looks at the outcome of a recent case on the effect of the National Planning Policy Framework in relation to development within the setting of a National Landscape.’
Local Government Lawyer, 30th August 2024
Source: www.localgovernmentlawyer.co.uk
Appeal judges reject prisoner’s claim that lawyers failed him in court – Legal Futures
‘The Court of Appeal has rejected a prisoner’s claim that his lawyers “failed to represent him properly” after convictions for grievous bodily harm (GBH).’
Legal Futures, 3rd September 2024
Source: www.legalfutures.co.uk
Re: D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 – St Ives Chambers
‘The recent Court of Appeal decision in D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663 considered issues about the use of medical research literature as evidence in care proceedings under Part IV of the Children Act 1989. This case is an important decision, reminding practitioners of the importance of oral evidence and the evidence provided by expert witnesses in a time when the Government is running a pilot programme which might limit both of those things.’
St Ives Chambers, 8th August 2024
Source: www.stiveschambers.co.uk
Arguing Incompatibility: Lessons from the Court of Appeal – St Philips Barristers
‘In Dudley Metropolitan Borough Council v Marilyn Mailley [2023] EWCA Civ 1246, the Court of Appeal considered whether the statutory provisions governing succession to secure tenancies under the Housing Act 1985 were discriminatory in circumstances where a family member was not able to succeed to a tenancy, as the tenant had ceased to occupy the property due to ill-health and did not have capacity to assign the tenancy to them.’
St Philips Barristers, 19th August 2024
Source: st-philips.com
When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 – Wilberforce Chambers
‘At first blush the decision of Freedman J in Nazir v Begum [2024] EWHC 378 (KB) appears counterintuitive. Section 33(1) of the Administration of Estates Act 1925 (“AEA”) states that:
“On the death of a person intestate as to any real or personal estate, that estate shall be held in trust by his personal representatives with the power to sell it”.’
Wilberforce Chambers, 30th July 2024
Source: www.wilberforce.co.uk
Upper Tribunal allows appeal by council over imposition of conditions that compromised enforcement notice – Local Government Lawyer
‘The Upper Tribunal (Lands Chamber) has overturned a decision of the First-Tier Tribunal (Property Chamber), which it said had not been entitled to impose conditions which had the effect of compromising an enforcement notice and would “perpetuate the harm to the landscape and heritage assets identified by the inspector”.’
Local Government Lawyer, 29th August 2024
Source: www.localgovernmentlawyer.co.uk
Lucy Letby inquiry should be postponed or changed, experts say – The Guardian
‘A group including some of the UK’s leading neonatal experts and professors of statistics is calling on the government to postpone or change the terms of a public inquiry over concerns about the conviction of the neonatal nurse Lucy Letby.’
The Guardian, 27th August 2024
Source: www.theguardian.com
Jurisdiction of the FTT on referrals of rent increases. – Nearly Legal
‘A couple of cases, one Upper Tribunal, one Court of Appeal, both concerned with the Tribunal’s jurisdiction on proposed rent increases in assured and assured shorthold tenancies.’
Nearly Legal, 19th August 2024
Source: nearlylegal.co.uk
Too soon? Prescribed information before a deposit taken – Nearly Legal
‘Siddeeq v Alaian. K00BF465 County Court at Mayor’s and City of London County Court. HHJ Hellman. 9 August 2024 (unreported). A County Court Circuit Judge appeal from a possession claim at Brentford County Court, on the validity of a section 21 notice due to arguments over the deposit prescribed information. The key question was whether information given by the landlord could be ‘prescribed information’ in relation to the deposit if it was given to the tenant before the deposit was paid.’
Nearly Legal, 13th August 2024
Source: nearlylegal.co.uk
Supreme Court dismisses appeal over transfer of management rights in student accommodation dispute – Law Society’s Gazette
‘The Supreme Court has unanimously dismissed an appeal finding failure to serve a claim notice on a landlord did not invalidate the transfer of the right to take over management of a block of student flats.’
Law Society's Gazette, 16th August 2024
Source: www.lawgazette.co.uk
