Rapist who complained about lawyers sent counsel ‘thank you’ note – Legal Futures

Posted March 5th, 2024 in appeals, legal advice, news, rape by tracey

‘A man convicted of rape has lost an appeal that was based partly on the quality of legal advice, with evidence showing he actually sent his trial counsel a “thank you” card.’

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Legal Futures, 5th March 2024

Source: www.legalfutures.co.uk

Affordability and suitability – getting the numbers right – Nearly Legal

Posted March 4th, 2024 in appeals, families, housing, local government, news by tracey

‘Ake v Lewisham Borough Council (2024) K40CL060 (Central London County Court 4 February 2024). This was a statutory appeal pursuant to section 204 of the Housing Act 1996 (‘the 1996 Act’), against a review decision made by Lewisham Borough Council on 27 February 2023. The issue on appeal was whether the review decision took an unlawful and/or unreasonable approach to the assessment of the affordability of accommodation it had secured for Ms Ake in Bow.’

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Nearly Legal, 3rd March 2024

Source: nearlylegal.co.uk

High Court reverses circuit judge’s decision to reduce costs budget – Legal Futures

Posted February 29th, 2024 in appeals, budgets, costs, news, personal injuries by sally

‘The High Court has taken the unusual step of reversing a circuit judge’s decision to reduce a costs budget, finding she “closed her mind to any argument” based on a comparison with the other side’s.’

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Legal Futures, 28th February 2024

Source: www.legalfutures.co.uk

Joanna Simpson: Wife killer loses bid for release from prison – BBC News

Posted February 29th, 2024 in appeals, domestic violence, homicide, news, parole by sally

‘A man who killed his millionairess wife with a claw hammer has lost a court bid to be freed from prison.’

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BBC News, 28th February 2024

Source: www.bbc.co.uk

The ‘halo effect’ that means Aldi will keep making copycat products – The Independent

Posted February 28th, 2024 in appeals, food, intellectual property, news, trade marks by sally

‘A long-running battle between Aldi and Marks & Spencer over light-up gin bottles is just the latest in a line of court cases the German discounter has faced with its brand rivals.’

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The Independent, 27th February 2024

Source: www.independent.co.uk

Court of Appeal: FTT failed to apply Iran country guidance to Kurdish asylum seeker’s case – EIN Blog

Posted February 27th, 2024 in appeals, asylum, Iran, married persons, media, news by tracey

‘FA (Iran) v Secretary of State for the Home Department [2024] EWCA Civ 149 (22 February 2024). The Court of Appeal has held that the UT should have concluded that the FTT had failed to apply the current Iran country guidance cases to the appellant FA’s case, who was a Kurdish National of Iran who claimed to have left Iran illegally on foot, and claimed to have got married en route to the United Kingdom. He had entered the United Kingdom on 4 December 2019 and then claimed asylum. The SSHD rejected his claims for asylum and for humanitarian protection. The appeal was remitted to a different judge in the FTT for him to consider the question of risk to the appellant if he were returned to Iran. The Court of Appeal grappled with the two determinations at hand, i.e. the FTT determination and the UT determination which Elisabeth Laing LJ referred to as determination 1 and determination 2 during the course of her judgment. She touched on the effects of XX (PJAK – sur place activities – Facebook) Iran CG [2022] UKUT 23 (IAC), SSH and HR (Illegal Exit) Iran CG [2016] UKUT 308 (IAC), HB (Kurds) Iran CG [2018] UKUT 430 (IAC) and also BA (Demonstrators in Britain: Risk on Return) Iran CG [2011] UKUT 36 (IAC). The SSHD’s case was that FA admitted in his asylum interview that he was a supporter of the Kurdish Democratic Party of Iran (“KDPI”) and not a member. The SSHD considered it strange that FA had not been introduced to the KDPI until he was 29 and considered that the answers to questions in the the asylum interview were inconsistent.’

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EIN Blog, 26th February 2024

Source: www.ein.org.uk

An Evolving Institution: The work of the Judicial Committee of the Privy Council – Supreme Court

‘Lady Rose – An Evolving Institution: The work of the Judicial Committee of the Privy Council. The Queen’s Distinguished Lecture in Law.’

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Supreme Court, 21st February 2024

Source: www.supremecourt.uk

Out of borough accommodation and the homelessness relief duty – raising issues on review – Nearly Legal

Posted February 26th, 2024 in appeals, homelessness, housing, local government, news by tracey

‘Moge v London Borough of Ealing (2023) EWCA Civ 464. A second appeal to the Court of Appeal from a s.204 appeal. Ms Moge was owed the section 189B Housing Act 1996 relief duty as homeless by LB Ealing. Ealing made an offer of a 24 month private tenancy in Hounslow, a neighbouring borough, in discharge of that duty. Ms M did not accept that offer within 7 days. Ealing then decided that she had refused the offer, that its relief duty was ended and, further, it did not owe the full housing duty under section 193.’

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Nearly Legal, 25th February 2024

Source: nearlylegal.co.uk

Killer nurse Lucy Letby in final bid to appeal convictions – The Independent

Posted February 23rd, 2024 in appeals, attempted murder, children, imprisonment, juries, murder, news, nurses, retrials by michael

‘Lawyers for Letby will ask senior judges for permission to bring an appeal against all her convictions at the hearing in London provisionally listed for April 25, a judiciary spokeswoman confirmed on Friday [23rd February]’

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The Independent, 23rd February 2024

Source: www.independent.co.uk

Shamima Begum loses appeal against removal of British citizenship – The Guardian

‘Shamima Begum, who left Britain as a schoolgirl to join Islamic State, has lost an appeal against the decision to remove her British citizenship.’

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The Guardian, 23rd February 2024

Source: www.theguardian.com

Appeal judges reject attempts to blame lawyers for convictions – Legal Futures

‘The Court of Appeal has rejected two separate attempts by convicted criminals to blame poor performance by lawyers for their convictions.’

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Legal Futures, 22nd February 2024

Source: www.legalfutures.co.uk

Supreme Court to hear appeal by Welsh council next week in Japanese knotweed case – Local Government Lawyer

Posted February 21st, 2024 in appeals, damages, housing, local government, news, nuisance, Supreme Court, Wales by sally

‘The Supreme Court will next week hear a council’s appeal of a Court of Appeal judgment which overturned lower court rulings that found diminution in value in Japanese knotweed cases was irrecoverable economic loss and ordered the council to pay damages to a property owner.’

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Local Government Lawyer, 20th February 2024

Source: www.localgovernmentlawyer.co.uk

Negligence case by schizophrenic man who killed three OAPs gets go-ahead – The Independent

‘A paranoid schizophrenic who killed three pensioners will be allowed to continue his legal challenge over his treatment from authorities before the deaths, the Court of Appeal has ruled.’

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The Independent, 20th February 2024

Source: www.independent.co.uk

PI world turns its attention to Supreme Court for mixed-injuries case – Legal Futures

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, personal injuries, Supreme Court by tracey

‘Whiplash claimants, insurers and their lawyers will be watching the Supreme Court closely tomorrow when it hears the appeal on how to value so-called mixed injury claims.’

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Legal Futures, 19th February 2024

Source: www.legalfutures.co.uk

Supreme Court rules that insurer should pay victim’s car hire losses – Law Society’s Gazette

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, road traffic, Supreme Court by tracey

‘An at-fault driver is liable for losses agreed in advance between a claimant and her hire car company, the Supreme Court has ruled.’

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Law Society's Gazette, 15th February 2024

Source: www.lawgazette.co.uk

Julian Assange to find out next week if he can appeal against extradition to US – The Guardian

Posted February 19th, 2024 in appeals, confidentiality, extradition, freedom of expression, news, spying, whistleblowers by tracey

‘In a matter of days Julian Assange will find out if he has exhausted all potential challenges through the British courts to being extradited to the US, where he could spend the rest of his life in prison. The two-day hearing is scheduled to take place in London on Tuesday and Wednesday next week, as he seeks leave to appeal against his extradition for publishing thousands of classified military and diplomatic documents.’

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The Guardian, 16th February 2024

Source: www.theguardian.com

Bristol University loses appeal over suicide of disabled student on exam day – The Guardian

Posted February 15th, 2024 in appeals, disabled persons, examinations, mental health, news, suicide, universities by sally

‘The family of a disabled undergraduate who killed herself on the day of a “truly terrifying” oral exam have won the latest stage of a legal battle to compel universities to take more care of students struggling with their mental health.’

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The Guardian, 14th February 2024

Source: www.theguardian.com

Case Comment – Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog

Posted February 14th, 2024 in appeals, injunctions, local government, news, Supreme Court, travellers by sally

‘In this post, Emma Pinkerton, a Partner in the Real Estate Disputes team at CMS, comments on the Supreme Court’s decision in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, which was handed down on 29 November 2023.’

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UKSC Blog, 12th February 2024

Source: ukscblog.com

CA warns against misuse of judgment clarification procedure – Legal Futures

Posted February 13th, 2024 in appeals, care orders, family courts, judgments, news, reasons by tracey

‘The delivery of a judgment “is not a transactional process” and its contents are “not open to negotiation”, the Court of Appeal has warned, saying the clarification procedure was being misused in family cases.’

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Legal Futures, 12th February 2024

Source: www.legalfutures.co.uk

Mother of Colin Pitchfork victim dismayed as he wins new release hearing – The Guardian

Posted February 13th, 2024 in appeals, murder, news, parole, rape by tracey

‘The mother of one of Colin Pitchfork’s victims has expressed her anger after the rapist and murderer won an appeal for a fresh parole hearing to determine whether he should be released from prison.’

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The Guardian, 12th February 2024

Source: www.theguardian.com