Category: appeals

Court of Appeal finds the National Crime Agency’s refusal to investigate human rights abuse-linked cotton imports from the Uyghur region unlawful – UK Human Rights Blog

Posted July 23rd, 2024 in appeals, China, forced labour, human rights, national crime agency, news, proceeds of crime by sally

‘R (World Uyghur Congress) v National Crime Agency [2024] EWCA Civ 715. This landmark decision was a successful appeal from the judgment of Dove J ([2023] EWHC 88 (Admin)) on the single issue of whether the National Crime Agency (“NCA”) misdirected itself when reaching the decision (i) not to investigate alleged offences under Part 7 of the Proceeds of Crime Act 2002 (“POCA”) and (ii) not to commence a civil recovery investigation under Part 5, in respect of certain cotton products brought into the UK alleged to be the product of forced labour and other human rights abuses.’

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UK Human Rights Blog,, 23rd July 2024

Source: ukhumanrightsblog.com

Uyghur v NCA – and how it could affect law firms – Law Society’s Gazette

Posted July 22nd, 2024 in appeals, China, Crown Prosecution Service, forced labour, human rights, judicial review, law firms, legal advice, money laundering, national crime agency, news, proceeds of crime by sally

‘In its recent judgment in World Uyghur Congress v National Crime Agency, the Court of Appeal addressed the application of the money laundering provisions of the Proceeds of Crime Act 2002 (POCA) in the context of international supply chains. The appeal court’s clarification of the scope of the ‘adequate consideration’ exemption under POCA has wide-reaching implications not only for businesses with global supply chains but for all professional services firms in the UK.’

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Law Society's Gazette, 19th July 2024

Source: www.lawgazette.co.uk

Law and religion roundup – Law & Religion UK

Posted July 19th, 2024 in appeals, Charity Commission, Christianity, Church of England, coronavirus, employment, employment tribunals, freedom of expression, government departments, news, planning, school children, unfair dismissal, vaccination by michael

‘Further to the notices relating to Jonathan Fletcher posted by the Diocese of Southwark and the Metropolitan Police, it is perhaps timely to include a link to the Attorney General’s Note, Contempt of court and social media.’

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Law & Religion UK, 14th July 2024

Source: lawandreligionuk.com

The meaning of maintenance – Nearly Legal

Posted July 16th, 2024 in appeals, housing, leases, local government, news, repairs, service charges by sally

‘London Borough of Tower Hamlets v Lessees of Brewster House and Malting House (2024) UKUT 193 (LC) (11 July 2024). This was an appeal to the Upper Tribunal on whether a service charge for major works to remedy structural defects to two blocks of flats was payable. It may well have broader significance for charges for building safety works, depending on lease terms.’

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Nearly Legal, 15th July 2024

Source: nearlylegal.co.uk

Update on limitation periods – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, limitations, local government, news, public procurement, time limits by sally

‘A recent Court of Appeal ruling is a reminder of the applicable limitation periods for those procurements commenced under the current regime, write John Houlden, Laura Tudor and Abigail Cropper.’

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Local Government Lawyer, 12th July 2024

Source: www.localgovernmentlawyer.co.uk

Private hire operators outside London and their customers – Local Government Lawyer

Posted July 16th, 2024 in appeals, contracts, local government, London, news, taxis by sally

‘The Court of Appeal has allowed an appeal over whether a private hire operator outside London is required by legislation to enter into a contract as principal with a person who makes a booking for their vehicle. Gerald Gouriet KC and Michael Feeney examine the ruling and its wider impact.’

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Local Government Lawyer, 15th July 2024

Source: www.localgovernmentlawyer.co.uk

SRA to appeal decision to clear Dentons over AML breaches – Legal Futures

Posted July 15th, 2024 in appeals, law firms, money laundering, news, professional conduct, Solicitors Regulation Authority by sally

‘The High Court looks set to rule on whether a tribunal was right to find that Dentons’ breach of the anti-money laundering (AML) rules was “inadvertent” and did not amount to professional misconduct.’

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Legal Futures, 15th July 2024

Source: www.legalfutures.co.uk

In depth: Manchester Ship Canal and the right to sue over untreated sewage discharges – Law Society’s Gazette

Posted July 10th, 2024 in appeals, damages, negligence, news, sewerage, Supreme Court, waste, water, water companies by sally

‘The Supreme Court’s ruling that a canal owner can seek redress for unauthorised discharges of foul water by a sewage utility could open the floodgates to “thousands” of similar claims.’

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Law Society's Gazette, 9th July 2024

Source: www.lawgazette.co.uk

Important Privy Council decision on standing in environmental cases – 39 Essex Chambers

Posted July 10th, 2024 in appeals, environmental protection, foreign jurisdictions, news, planning, Privy Council by sally

‘The UK privy Council has handed down an important judgement on standing in environmental cases in Eco-Sud v. Minister of Environment, Solid Waste and Climate Change [2024] UKPC 19.’

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39 Essex Chambers, 9th July 2024

Source: www.39essex.com

Carbon emissions and causation: R (Finch) v Surrey County Council and ors – 4 New Square

Posted July 10th, 2024 in appeals, causation, chambers articles, environmental health, environmental protection, judicial review, local government, news, planning, Supreme Court by sally

‘In this post, 4 New Square Chambers’ Alex Forzani explores the Supreme Court’s decision in R (Finch) v Surrey County Council [2024] UKSC 20 and analyses its implications on the scope of environmental impact assessments. The judgment is likely to have significant implications on the development of, and investment in, new projects in the UK.’

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4 New Square, 2nd July 2024

Source: www.4newsquare.com

Lucy Letby: killer or coincidence? Why some experts question the evidence – The Guardian

Posted July 9th, 2024 in appeals, attempted murder, murder, news, nurses, sentencing by sally

‘The verdict handed down to the former neonatal nurse Lucy Letby last week brought to an end more than 21 months of court proceedings. After two trials and two attempts to appeal, Letby has been convicted of murdering seven babies and attempting to murder seven others. She is serving whole-life sentences.’

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The Guardian, 9th July 2024

Source: www.theguardian.com

Co-ownership in the business context: the odiousness of survivorship in equity – Wilberforce Chambers

Posted July 4th, 2024 in appeals, chambers articles, company law, equity, news, partnerships by sally

‘The co-ownership of property is a question that vexes all private client lawyers. The recent judgment of Nugee LJ, a former member of these chambers, in Williams v Williams [2024] EWCA Civ 42 involved litigation that touched upon the issue in the context of partnership and real property.’

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Wilberforce Chambers, 27th June 2024

Source: www.wilberforce.co.uk

Lucy Letby: Courtroom drama, a failed appeal, and battles over the truth – BBC News

Posted July 4th, 2024 in appeals, children, hospitals, murder, news, nurses by sally

‘When former nurse Lucy Letby was convicted of murdering babies last year, news channels rolled on the story, and her mugshot was splashed across front pages and websites around the world.’

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BBC News, 4th July 2024

Source: www.bbc.co.uk

Navigating belief, discrimination, employment and professional ethics: Ngole – Law & Religion UK

Posted July 3rd, 2024 in Administrative Court, appeals, employment, employment tribunals, equality, homosexuality, human rights, judicial review, news, religious discrimination, universities by sally

‘Readers with long memories may recall that when Felix Ngole was a second-year Master’s student on a social work course at Sheffield University, he was excluded from the course by the Faculty of Social Sciences Fitness to Practise Committee after comments he had posted on Facebook about his personal opposition to same-sex marriage. He sought judicial review of that decision, and though the Administrative Court found for the University, in R (Ngole) v The University of Sheffield [2019] EWCA Civ 1127 the Court of Appeal allowed his appeal and remitted his case for reconsideration. We noted the appeal here.’

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Law & Religion UK, 2nd July 2024

Source: lawandreligionuk.com

How has Lucy Letby tried to fight guilty verdicts and what could happen next? – The Guardian

Posted July 3rd, 2024 in appeals, children, Criminal Cases Review Commission, expert witnesses, hospitals, imprisonment, murder, news, nurses, sentencing by sally

‘Lucy Letby was convicted last year of murdering seven babies and attempting to kill six others at the Countess of Chester hospital in north-west England, where she worked as a nurse. She is serving 14 whole-life sentences, meaning she will never be released from prison.’

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The Guardian, 2nd July 2024

Source: www.theguardian.com

What is a ‘New Matter’ in an Immigration Appeal? – EIN Blog

Posted July 1st, 2024 in appeals, immigration, jurisdiction, news, tribunals by sally

‘Since many immigration appeals may take months to be heard by the Immigration Tribunal, circumstances will understandably evolve, which could constitute a new matter for the purposes of the appeal. When appealing an immigration decision, it is important to consider whether a new matter is raised because the Immigration Tribunal does not have jurisdiction to consider the matter without the consent of the Secretary of State. In this post, we examine new matters in immigration appeals, asking what is a new matter in an immigration appeal and what is the process of raising a new matter in an immigration appeal? Further information on the process of appealing an immigration refusal can be found in these Part 1 and Part 2 guides on how to appeal a UK visa or immigration refusal decision.’

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EIN Blog, 1st July 2024

Source: www.ein.org.uk

‘Tourist tax’ on hold as hotels appeal – BBC News

Posted July 1st, 2024 in appeals, consultations, government departments, holidays, hotels, news by sally

‘The first so-called coastal tourist tax in the UK, set to be introduced in parts of Dorset, has been put on hold following opposition from hotels.’

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BBC News, 1st July 2024

Source: www.bbc.co.uk

Tribunal “erred in law” by failing to recognise young person lacked capacity to litigate and failing to appoint his mother as alternative person – Local Government Lawyer

Posted June 28th, 2024 in appeals, autism, children, disabled persons, education, families, local government, news, school children, special educational needs, tribunals, young persons by sally

‘An Upper Tribunal judge has ruled that the First-tier Tribunal “erred in law” by failing to recognise that a young person lacked capacity to litigate and consequently his mother should have been appointed as his alternative person.’

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Local Government Lawyer, 28th June 2024

Source: www.localgovernmentlawyer.co.uk

NCA failure to investigate imports linked to forced Uyghur labour unlawful, court rules – The Guardian

Posted June 28th, 2024 in appeals, China, forced labour, national crime agency, news, proceeds of crime by sally

‘The UK National Crime Agency’s decision not to launch an investigation into the importation of cotton products manufactured by forced labour in China’s Xinjiang province was unlawful, the court of appeal has found.’

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The Guardian, 27th June 2024

Source: www.theguardian.com

Court of Appeal finds Family Division judge failed to adhere to “fundamental principle” of justice being seen to be done – Local Government Lawyer

Posted June 26th, 2024 in appeals, care orders, children, civil procedure rules, families, family courts, habeas corpus, judges, local government, news, placement orders by sally

‘The Court of Appeal has criticised a judge for her “blatantly unfair conduct”, finding that an interchange with a father demonstrated a “complete failure of proper judicial process”.’

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Local Government Lawyer, 25th June 2024

Source: www.localgovernmentlawyer.co.uk