Category: appeals

Ioannis Kouvakas: You Can’t Have Your Apple and Eat It Too: Decryption Orders and the Perilous Future of U.K. Data Adequacy – UK Constitutional Law Association

Posted March 13th, 2025 in appeals, closed material, constitutional law, data protection, government departments, intelligence services, investigatory powers, news, privacy, telecommunications by sally

‘Earlier last month, The Washington Post reported that Apple, a technology company known for emphasizing privacy as one of its key selling points, had been ordered by the U.K. government to create a back door that would enable the retrieval of all content uploaded by any Apple user worldwide to iCloud. iCloud is a cloud storage service that is encrypted by default, and its users may also opt in to the use of end-to-end encryption, an additional layer of security ensuring that only the user (and not even Apple) can access the stored data.’

Full Story

UK Constitutional Law Association, 13th March 2025

Source: ukconstitutionallaw.org

Significant Article 6 ECHR Decision on Courts’ Ability to Suspend Orders Pending Appeal – UK Human Rights Blog

Posted March 11th, 2025 in appeals, Crown Court, human rights, magistrates, news by tracey

‘The High Court has handed down its judgment in Chief Constable of Humberside Police v Kelly Morgan [2024] EWHC 2859 (Admin). This is a significant human rights case which concerns whether the Crown Court has the power to suspend orders made by the lower court pending an ongoing appeal.The human rights arguments related to the closure order regime. Such orders are made by magistrates’ courts (pursuant to s.80 of the Anti-Social Behaviour, Crime and Policing Act 2014). The High Court described the orders as “draconian” because closure orders can exclude people from their own home.’

Full Story

UK Human Rights Blog, 10th March 2025

Source: ukhumanrightsblog.com

Sky UK Limited and Mace Limited v Riverstone Managing Agency Limited & Ors [2024] EWCA Civ 1567 – 4-5 Gray’s Inn Square

Posted March 10th, 2025 in appeals, building law, chambers articles, construction industry, insurance, news by tracey

‘Amrit Dhanoa & Arran Dowling-Hussey from 4-5 Gray’s Inn Square Chambers Construction & Engineering Group look at a recent significant Court of Appeal decision on Construction All Risks Insurance.’

Full Story

4-5 Gray’s Inn Square, 7th March 2025

Source: www.4-5.co.uk

Just Stop Oil co-founder Roger Hallam has sentence reduced after Court of Appeal win – The Independent

Posted March 7th, 2025 in appeals, climate change, demonstrations, news, public order, sentencing by Lily

‘Six climate activists jailed for their roles in demonstrations, including co-founder of Just Stop Oil and Extinction Rebellion Roger Hallam, have had their sentences reduced at the Court of Appeal.’

Full Story

The Independent, 7th March 2025

Source: www.independent.co.uk

Man behind false Bitcoin founder claim improperly used AI in appeal bid – judge – The Independent

Posted March 7th, 2025 in appeals, artificial intelligence, costs, cryptocurrencies, news by Lily

‘Computer scientist Dr Craig Wright has been ordered to pay £225,000 in legal costs by a judge after he was found to have “improperly used AI” in a failed bid to appeal against a High Court ruling that he is not the founder of Bitcoin.’

Full Story

The Independent, 6th March 2025

Source: www.independent.co.uk

Mind the Empathy Gap: An Analysis of Agency and Emotional Encounters in the Asylum Appeals of Former Unaccompanied Asylum-Seeking Minors – Mental Capacity Law and Policy

Posted March 6th, 2025 in appeals, asylum, children, immigration, news, young persons by sally

‘The role of emotion in asylum processes is one that has gained attention in recent years. This article situates itself as a response to this emerging body of literature by shedding new light on how emotions shaped the asylum appeals of a group of former unaccompanied minors in England through the application of the new concept of “empathy gap.” Five socio-legal themes are used to structure the analysis: (i) age disputes, (ii) credibility, (iii) affective ties, (iv) right to voice, and (v) precarious legal status. It is the first article to explore in depth what happens during the asylum appeals process for former unaccompanied minors in Britain and the first to consider how questions of emotion affect their lived experiences of, and the process of, legal proceedings. The article has wider implications for how social processes and relations and informal processes, in particular emotions, influence formal legal proceedings leading to potential for unfair outcomes. The article finds that, to avoid empathy-enhanced reasoning becoming yet another variable leading to inconsistency in the judicial process, systematic training and monitoring are required. These findings carry implications far beyond the immediate context of UK asylum tribunals by offering empirically informed insights for theory and practice regarding the role of emotion in judicial proceedings, and therefore have enduring relevance.’

Full Story

EIN Blog, 5th March 2025

Source: www.ein.org.uk

Insolvency Appeals from this Winter period: a cold start but some good news for judgment creditors – 3 Paper Buildings

Posted March 6th, 2025 in appeals, bankruptcy, chambers articles, insolvency, news, Supreme Court by tracey

‘Rebecca Farrell, specialist commercial and insolvency barrister at 3PB, has written an article exploring three recent Insolvency Appeals and their potential impact.’

Full Story

3 Paper Buildings, 28th February 2025

Source: www.3pb.co.uk

Disclosure and Barring Service entitled to come to different conclusion than Teachers Regulation Agency, Court of Appeal rules – Local Government Lawyer

Posted March 5th, 2025 in appeals, children, disciplinary procedures, local government, news, professional conduct, school children, teachers by tracey

‘The Court of Appeal has unanimously dismissed a former teacher’s appeal against a finding by the Disclosure and Barring Service (DBS) that he had developed an “inappropriate relationship” with a pupil – and therefore would be precluded from being a teacher – despite a separate TRA disciplinary panel finding he was not guilty of professional misconduct.’

Full Story

Local Government Lawyer , 4th March 2025

Source: www.localgovernmentlawyer.co.uk

Upper Tribunal judge allows appeal by mother in EHCP case over pagination issues, criticises First Tier Tribunal for “putting off” issues for later – Local Government Lawyer

Posted March 5th, 2025 in appeals, children, families, local government, news, tribunals by tracey

‘The Upper Tribunal has allowed a mother’s appeal concerning the Education Health and Care (EHC) Plans of her two children, after finding a “procedural irregularity” in respect of pagination issues in the court bundle.’

Full Story

Local Government Lawyer, 4th March 2025

Source: www.localgovernmentlawyer.co.uk

Case notes in passing – adverse possession rules, sale and rent-back, and the evidential burden in service charge disputes – Nearly Legal

Posted March 3rd, 2025 in adverse possession, appeals, housing, land registration, landlord & tenant, leases, news, service charges, Supreme Court by sally

‘The Supreme Court considered para 5(4) to Schedule 6 Land Registration Act 2002 on the requirements for an application for registered title through adverse possession of land adjoining the applicant’s land.’

Full Story

Nearly Legal, 2nd March 2025

Source: nearlylegal.co.uk

Man who forced abortion has sentence increased by five years – Attorney General’s Office

Posted February 28th, 2025 in abortion, appeals, news, sentencing by Lily

‘Stuart Worby, 40, from Malthouse Court, Dereham, has had his sentence increased to 17 years after it was referred to the Court of Appeal by the Solicitor General under the Unduly Lenient Sentence scheme.’

Full Story

Attorney General's Office, 27th February 2025

Source: www.gov.uk

Court of Appeal provides helpful guidance in first statutory UK tax residence decision – OUT-LAW.com

Posted February 27th, 2025 in appeals, HM Revenue & Customs, interpretation, news, taxation by sally

‘The Court of Appeal’s guidance on the meaning of “prevention” and “exceptional circumstances” in terms of statutory residency is helpful for UK taxpayers, reinstating a more favourable position than had been previously adopted, an expert has said.’

Full Story

OUT-LAW.com, 25th February 2025

Source: www.pinsentmasons.com

The Deregulation Act 2015: A decade on – St John’s Chambers

Posted February 26th, 2025 in appeals, chambers articles, housing, landlord & tenant, news, repossession by sally

‘In this article Brittany Pearce considers some of the difficulties still posed by the Deregulation Act 2015 for defaulting landlords and outlines the issues still outstanding following the Court of Appeal’s decision in Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760.’

Full Story

St John's Chambers, 21st January 2025

Source: www.stjohnschambers.co.uk

The Worst Secret Santa? Reflections on Hirachand v Hirachand and Anor [2024] UKSC 43 – St Philips Barristers

Posted February 26th, 2025 in appeals, chambers articles, families, fees, financial provision, news, solicitors, Supreme Court, wills by sally

‘On 18 December 2024, the Supreme Court delivered its much-anticipated decision in Hirachand, holding that Conditional Fee Agreement (“CFA”) success fees cannot be recovered as part of an applicant’s financial needs under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”). Although the decision has now provided much-needed certainty in this area, to say it has had a mixed reception amongst Chancery practitioners would be an understatement. This note will provide an overview of the decision and its background as well as some reflections on its implications for future litigants.’

Full Story

St Philips Barristers, 30th January 2025

Source: st-philips.com

Environmental Law News Update – Six Pump Court

Posted February 26th, 2025 in appeals, class actions, damages, disclosure, energy, environmental protection, negligence, news, nuisance, trespass by sally

‘Alame and others v Shell: Court of Appeal provide guiding principles on progressing a large environmental group litigation.’

Full Story

Six Pump Court, 13th January 2025

Source: 6pumpcourt.co.uk

Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal – Mental Capacity Law and Policy

Posted February 26th, 2025 in appeals, care orders, children, deprivation of liberty safeguards, families, family courts, local government, news by sally

‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’

Full Story

Mental Capacity Law and Policy, 20th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Court of Appeal Gives Guidance as to Correct Approach to Anonymity Orders Until Outcome of PMC Appeal – 1 QMLR

Posted February 26th, 2025 in anonymity, appeals, chambers articles, children, doctors, news, reporting restrictions by sally

‘The Court of Appeal has given guidance to practitioners on how to approach anonymity orders until the resolution of the appeal in PMC.’

Full Story

1 QMLR, 25th February 2025

Source: 1corqmlr.com

American loses UK appeal to become legally non-binary – BBC News

Posted February 26th, 2025 in appeals, citizenship, foreign jurisdictions, gender, news, passports, transgender persons by sally

‘An American who wanted to be formally recognised as non-binary in the UK has been told by the Court of Appeal their gender identity does not legally exist in this country.’

Full Story

BBC News, 25th February 2025

Source: www.bbc.co.uk

Firm succeeds in legal aid claim appeal over prosecution evidence – Law Society’s Gazette

Posted February 25th, 2025 in appeals, evidence, law firms, legal aid, news, sexual offences by tracey

‘A Plymouth-based firm has succeeded – in part – in a High Court appeal against legal aid payments over the number of pages of prosecution evidence.’

Full Story

Law Society's Gazette, 24th February 2025

Source: www.lawgazette.co.uk

Court of Appeal considers relevant factors for the ‘just and equitable’ test – Cloisters Chambers

Posted February 21st, 2025 in age discrimination, appeals, chambers articles, employment, employment tribunals, equality, news, race discrimination by Lily

‘In Dr Nicholas Jones v Secretary of State for Health and Social Care [2024] EWCA Civ 1568 the Court of Appeal has held that a claimant’s suspicion that they have been a victim of discrimination, or their firmly held belief based on their suspicion, is unlikely to be a relevant factor for the tribunal to take into account when considering whether it should or should not extend time on a “just and equitable” basis.’

Full Story

Cloisters Chambers, 19th February 2025

Source: www.cloisters.com