Killer with ‘misplaced’ sense of injustice loses appeal – BBC News
‘A murderer with an “entirely misplaced” sense of injustice over his life sentence had an appeal rejected.’
BBC News, 19th August 2024
Source: www.bbc.co.uk
Category: appeals
Government drops appeal over climate activist who held sign outside UK court – The Guardian
‘The government has dropped an appeal against a judge’s decision to throw out a contempt case against a woman who stood outside a climate activist trial holding a placard about jury rights.’
The Guardian, 15th August 2024
Source: www.theguardian.com
Protest v Disorder – Distinctions in Law | John Oliver writes – 5SAH
‘With reference to the disorder sweeping across the country, John Oliver writes about the court’s approach to protests and disorder and where the line between the two sits. John also summarises the court’s approach to sentencing offences committed in the context of widespread disorder. With reference to appeal cases, John explains that public protection, punishment and deterrence will be at the forefront of the sentencing judge’s mind in these cases.’
5SAH, 9th August 2024
Source: www.5sah.co.uk
Court of Appeal: Albanian siblings of EU nationals wrongly refused status under EUSS – EIN Blog
‘Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777 (10 July 2024). The Court of Appeal held in this case that the SSHD had erred in refusing to grant pre-settled or settled status under the EU Settlement Scheme (EUSS) to non-EU nationals who were siblings of EU nationals who had exercised free movement rights in the UK before its withdrawal from the EU.’
EIN Blog, 9th August 2024
Source: www.ein.org.uk
Eight opt-out class actions per person in the UK, research finds – Legal Futures
‘Actions filed at the Competition Appeals Tribunal (CAT) encompass a staggering 544m class members, the equivalent of 8.1 actions for each person in the UK, according to new research.’
Legal Futures, 9th August 2024
Source: www.legalfutures.co.uk
Judges have refused to save Shamima Begum. Labour should bring her back to the UK to face justice – The Guardian
‘Stripping her of her citizenship was a political act by a bullying home secretary. Keir Starmer’s government can right that wrong.’
The Guardian, 8th August 2024
Source: www.theguardian.com
Shamima Begum: supreme court refuses to hear UK citizenship appeal – The Guardian
‘Shamima Begum’s legal fight to restore her UK citizenship has received a big blow after the supreme court refused to hear an appeal.’
The Guardian, 7th August 2024
Source: www.theguardian.com
Persistent questioning of appellant by judge was fair – EIN Blog
‘The Court of Appeal held in this case that FTTJ Beg’s persistent questioning of an immigration appellant, Mr Tareque Hossain, a Bangladeshi national, who had been found to have fraudulently obtained an English language competence test did not indicate that she had “descended into the arena” such as to adversely affect her evaluation of the evidence. FTTJ Beg’s questions concerned matters that fell within the areas previously covered by the evidence and were clearly directed to the central issue of whether Mr Tareque Hossain had undertaken the test. There was no evidence that she was unable to consider the evidence objectively. It was fairer that she asked questions about the matters going to the central factual issue rather than leave her concerns unaddressed, and without giving Mr Hossain and his witnesses an opportunity to deal with them. Mr Tareque Hossain had appealed against a decision upholding the refusal of his application for leave to remain in the UK. He entered the UK on a student visa but his leave to remain was curtailed on the basis that he had relied on an English language test (“TOEIC”) which was fraudulently obtained from the Educational Testing Service (“ETS”). He could not appeal and did not challenge that finding by way of judicial review but claimed asylum (later withdrawn) and made a series of applications the last of which was a further application for leave to remain on the basis of his family and private life made on 21 October 2020. His application was refused on the basis that his TOEIC exam involved cheating.’
EIN Blog, 6th August 2024
Source: www.ein.org.uk
Tribunal requires overseas litigation funder to abide by ALF code – Legal Futures
‘The Competition Appeal Tribunal (CAT) has made an overseas funder’s compliance with key parts of the Association of Litigation Funders’ code of conduct a condition of granting a collective proceedings order.’
Legal Futures, 7th August 2024
Source: www.legalfutures.co.uk
CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer
‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’
Local Government Lawyer, 2nd August 2024
Source: www.localgovernmentlawyer.co.uk
‘In contemplation of death’ case goes to appeal – Law Society’s Gazette
‘Members of a family who lost out on a £2.8m inheritance after a relative left his estate to a friend by using a doctrine of Roman law have won permission to appeal over a potential “precedent of importance”.’
Law Society's Gazette, 5th August 2024
Source: www.lawgazette.co.uk
Green light for billionaire to challenge law firm’s £13m fees – Legal Futures
‘The Court of Appeal has upheld a decision that none of the 79 invoices worth nearly £13m received by a billionaire businessman over six years were statutory bills, meaning they remain open for challenge.’
Legal Futures, 2nd August 2024
Source: www.legalfutures.co.uk
Miscellaneous – legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten – Nearly Legal
‘Thanet Lodge (Mapesbury Road) & Anor v Mirchandani (LANDLORD AND TENANT – SERVICE CHARGES – recovery of legal and mediation expenses as service charges) (2024) UKUT 205 (LC). This was an appeal on a leaseholder’s challenge to the payability of legal costs that the RTM company had sought to put through the service charge.’
Nearly Legal, 28th July 2024
Source: nearlylegal.co.uk
Supreme Court confirms no tax deductions on costs associated with disposal of a business – OUT-LAW.com
‘Tax deductions were not available for professional fees incurred by an investment company once a decision to sell a business it held had been made, because they were expenses of a capital nature even though they are accepted to have been expenses of management, the UK’s highest court has ruled.’
OUT-LAW.com, 31st July 2024
Source: www.pinsentmasons.com
Disbanding a parish – and a question of jurisdiction: All Saints Spring Park PCC – Law & Religion UK
‘All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23 was an appeal by the PCC and the incumbent of All Saints Spring Park under the Mission and Pastoral Measure 2011 to the Judicial Committee of the Privy Council against a scheme made by the Church Commissioners under the Measure. An episcopal visitation in 2016 had concluded that the parish was not financially viable [5], and the Commissioners made a scheme under the Measure to dissolve the parish and divide its area between the neighbouring parishes of St John Shirley and St George Shirley. The incumbent, Revd Yvonne Clarke – who was the first black woman to be ordained deacon in the Church of England and one of the first women to be ordained priest [3] – and the Parochial Church Council had made written representations on the proposal, but the Bishop of Southwark duly approved the scheme in June 2020.’
Law & Religion UK, 31st July 2024
Source: lawandreligionuk.com
UK Supreme Court rewrites the rules on retained EU case law – OUT-LAW.com
‘In an important recent judgment, the UK Supreme Court has rewritten the post-Brexit rules on application of EU case law in the UK courts, so that they apply retrospectively in proceedings in respect of pre-Brexit events.’
OUT-LAW.com, 29th July 2024
Source: www.pinsentmasons.com
Air Travel Woes – Law Pod UK
‘A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.’
Law Pod UK, 25th July 2024
Source: audioboom.com
Virgin Media: CA gives no respite – Pensions Barrister
‘Paul Newman KC has written a casenote on today’s decision, in which the CA dismissed the appeal against the judge’s decision that the contracting-out legislation required amendments which only affected future service benefits to be accompanied by written actuarial confirmation.’
Pensions Barrister, 25th July 2024
Source: www.pensionsbarrister.com
Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences – Local Government Lawyer
‘The Upper Tribunal (Lands Chamber) has removed a housing licensing penalty imposed on one member of a married couple and reduced the penalty on the other.’
Local Government Lawyer, 25th July 2024
Source: www.localgovernmentlawyer.co.uk
When is a Crematorium Actually a Crematorium? – 39 Essex Chambers
‘On 10 May 2024, the Court of Appeal handed down judgment in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507.
The Court of Appeal dismissed the claimant’s appeal against the High Court’s dismissal of her challenge to the grant of planning permission for a crematorium on land in the parish of Tandridge, near Oxted, Surrey. At first instance ([2023] EWHC 92 (Admin), Timothy Mould KC (sitting as a Deputy High Court Judge) dismissed the claim.’
39 Essex Chambers, 16th July 2024
Source: www.39essex.com
