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

Intentional homelessness from a half way house – Nearly Legal

Posted February 12th, 2024 in appeals, drug abuse, homelessness, housing, local government, news by tracey

‘Kyle v Coventry City Council (2023) EWCA Civ 1360. Mr K was homeless and addicted to class A drugs. During the relevant period for this second appeal, he was on a methadone treatment prescription. He had applied to Coventry as homeless. He had been given s.188 Housing Act 1996 accommodation in hostel supported accommodation (a “halfway house”).’

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Nearly Legal, 11th February 2024

Source: nearlylegal.co.uk

UK court decision provides clarity on scope of litigation privilege – OUT-LAW.com

Posted February 12th, 2024 in appeals, disclosure, documents, fraud, legal profession, news, privilege by tracey

‘A recent Court of Appeal judgment provides useful clarity that non-parties can be entitled to the protection of litigation privilege, an expert has said.’

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OUT-LAW.com, 8th February 2024

Source: www.pinsentmasons.com

Redaction of names of junior civil servants in judicial review proceedings – Local Government Lawyer

‘In a unanimous judgment, the Court of Appeal has dismissed the government’s appeal of a High Court judgment which proscribed the government’s practice of routinely redacting the names of junior civil servants when supplying disclosure in judicial review proceedings. Christian Grierson and Jonathan Blunden analyse the judgment.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

Sufficiently serious breach? – Local Government Lawyer

Posted February 12th, 2024 in appeals, local government, news, public procurement by tracey

‘Sarah Whittle and Daniel Taylor analyse a landmark Court of Appeal decision regarding procurement challenges.’

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Local Government Lawyer, 9th February 2024

Source: www.localgovernmentlawyer.co.uk

English test scandal: students renew fight to clear names after 10 years – The Guardian

‘International students accused of cheating at English-language tests are planning a fresh push to clear their names 10 years on, with thousands thought to have been victims of a gross miscarriage of justice.’

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The Guardian, 11th February 2024

Source: www.theguardian.com

Simone Halep: Former Wimbledon champion confident of tennis return after appeal against doping ban – BBC News

Posted February 9th, 2024 in appeals, disciplinary procedures, drug offences, news, sport by michael

‘Former world number one Simona Halep says she is confident of a return to tennis after her appeal against a four-year doping ban was heard by the Court of Arbitration for Sport (Cas).’

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BBC News, 9th February 2024

Source: www.bbc.co.uk

High Court judge allows appellant in housing case to substitute council as respondent after naming wrong authority – Local Government Lawyer

Posted February 8th, 2024 in amendments, appeals, civil procedure rules, homelessness, housing, mistake, news, pleadings by sally

‘A woman has been allowed by the High Court to amend her statutory housing appeal application after she named the wrong council on the original.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court to hear appeal in challenge concerning standing orders and committee voting – Local Government Lawyer

Posted February 5th, 2024 in appeals, local government, news, Supreme Court by sally

‘The Supreme Court has granted permission for an appeal against the Court of Appeal’s dismissal of a challenge concerning the lawfulness of Tower Hamlets Council’s standing orders requiring councillors to be present for the whole of a committee’s consideration of an item to vote on it.’

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Local Government Lawyer, February 2024

Source: www.localgovernmentlawyer.co.uk

Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

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Law Pod UK, 1st February 2024

Source: audioboom.com

The legality of the new minimum income requirement – EIN Blog

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

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EIN Blog, 31st January 2024

Source: www.ein.org.uk

Court of Appeal rejects appeal over finding that manifest error in procurement was not “sufficiently serious” for damages award – Local Government Lawyer

Posted January 31st, 2024 in appeals, damages, local government, news, public procurement by tracey

‘The Court of Appeal has upheld a High Court ruling that an error in the award of an NHS orthodontic contract was not sufficiently serious to entitle the claimant to Francovich damages.’

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Local Government Lawyer, 30th January 2024

Source: www.localgovernmentlawyer.co.uk

Lucy Letby murder convictions appeal bid rejected – BBC News

Posted January 31st, 2024 in appeals, children, murder, news, nurses by tracey

‘Serial child killer Lucy Letby has had an initial bid to challenge her convictions for murdering seven babies and attempting to kill another six refused by the Court of Appeal.’

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BBC News, 30th January 2024

Source: www.bbc.co.uk

Court of Appeal sets out limits of relief from sanctions regime – Legal Futures

Posted January 29th, 2024 in appeals, civil procedure rules, expert witnesses, news, practice directions by sally

‘A failure to seek permission under the Civil Procedure Rules (CPR) does not automatically mean lawyers then need to apply for relief from sanctions, the Court of Appeal has ruled.’

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Legal Futures, 29th January 2024

Source: www.legalfutures.co.uk

Horizon scandal: post office operator cleared after years of suffering in silence – The Guardian

Posted January 26th, 2024 in appeals, computer programs, fraud, miscarriage of justice, news, postal service, theft by sally

‘A former post office branch operator who suffered in silence and endured humiliation after being convicted of fraud based on evidence from the faulty Horizon IT system has had her conviction quashed by the court of appeal.’

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The Guardian, 25th January 2024

Source: www.theguardian.com

Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog

‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’

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UKSC Blog, 26th January 2024

Source: ukscblog.com

High Court refuses leave to appeal $11bn arbitration ruling – Legal Futures

Posted January 25th, 2024 in appeals, arbitration, barristers, fraud, news, privilege, professional conduct, solicitors by sally

‘The potential consequences for two lawyers the High Court has referred to their regulators are not reasons to grant leave for an appeal, the judge has ruled after setting aside a $11bn arbitration award against the Republic of Nigeria.’

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Legal Futures, 25th January 2024

Source: www.legalfutures.co.uk

Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023] UKSC 43 – UKSC Blog

‘In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023.’

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UKSC Blog, 23rd January 2024

Source: ukscblog.com

A Justiciable Right to Housing? The UK Supreme Court’s Decision in R (Imam) v London Borough of Croydon – Oxford Human Rights Hub

‘In a December 2023 decision, the UK Supreme Court sought to clarify how courts should use their remedial discretion to make mandatory orders against local authorities. In doing so, the Court arguably made the right to be provided with housing (in the form of suitable accommodation) a justiciable right for certain categories of homeless persons.’

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Oxford Human Rights Hub, 23rd January 2024

Source: ohrh.law.ox.ac.uk