appeals – Page 3 – Current Awareness

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.’

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.’

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.’

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.’

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.’

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 sally

‘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.’

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 sally

‘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.’

Cloisters Chambers, 19th February 2025

Source: www.cloisters.com

Mandatory Alternative Dispute Resolution (ADR) – Becket Chambers

Posted February 21st, 2025 in appeals, chambers articles, civil procedure rules, dispute resolution, news by sally

‘Pursuant to the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416[1], the Civil Procedure Rules (“CPR”) have been amended from 1st October 2024. As a result, the courts can now order parties in civil proceedings to engage in alternative dispute resolution (“ADR”), where it does not impair the very essence of the parties’ right to a fair trial, and is proportionate to achieving the legitimate aim of settling the dispute fairly, quickly and at reasonable cost.’

Becket Chambers, 19th February 2025

Source: becket-chambers.co.uk

Ruling shows employers must act proportionately in respect of protected beliefs – OUT-LAW.com

Posted February 21st, 2025 in appeals, education, employment, employment tribunals, equality, freedom of expression, gender, homosexuality, internet, news, religious discrimination, unfair dismissal by sally

‘A recent judgment by the Court of Appeal in England emphasises that while employers can continue to set and uphold standards of respectful behaviour at work, care is required when employees exercise their right to manifest protected beliefs, employment experts have said.’

OUT-LAW.com, 20th February 2025

Source: www.pinsentmasons.com

Supreme Court’s judgment over Insolvency Act ‘welcome confirmation’ – Law Society’s Gazette

Posted February 21st, 2025 in appeals, debts, insolvency, news, statutory interpretation, Supreme Court by sally

‘A Supreme Court judgment centred on the construction of section 423 of the Insolvency Act 1986, which provides remedies to creditors where a debtor takes steps to defeat or prejudice their claims, “should be welcomed by all creditors”, solicitors say.’

Law Society's Gazette, 20th February 2025

Source: www.lawgazette.co.uk

First unsuccessful opt-out class rep to pay £14m in interim costs – Legal Futures

Posted February 21st, 2025 in appeals, class actions, competition, consumer protection, costs, news, telecommunications by sally

‘The unsuccessful claimant in the first opt-out collective action decided by the Competition Appeal Tribunal (CAT) has been ordered to make an interim costs payment of £14m.’

Legal Futures, 21st February 2025

Source: www.legalfutures.co.uk

Asylum seeker who lied about age loses appeal – BBC News

Posted February 20th, 2025 in appeals, asylum, children, deceit, immigration, news, young persons by sally

‘An asylum seeker found to have “deliberately sought to mislead” about his age after arriving in the UK in a small boat has lost a challenge against the decision at the Court of Appeal.’

BBC news, 19th February 2025

Source: www.bbc.co.uk

Risk assessment in care proceedings – Local Government Lawyer

Posted February 20th, 2025 in adoption, appeals, care orders, children, families, local government, news, placement orders, proportionality by sally

‘Reece McAllister analyses a significant Court of Appeal ruling on risk assessment and judicial reasoning in care proceedings.’

Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole? – EIN Blog

Posted February 20th, 2025 in appeals, human rights, immigration, Israel, news, Russia, Ukraine, war by sally

‘The decision of the Upper Tribunal in an unreported case was the centre of a clash in the House of Commons during PMQs last week. Leader of the Opposition Kemi Badenoch attacked the government on the grounds that a family from Gaza had successfully applied to live in the UK “using” the Ukraine Scheme. In response, Prime Minister Keir Starmer expressed strong disagreement with the decision of the Upper Tribunal to which she was referring. Although he did not specify any point of law on which the decision might be challenged, he did state that the government is looking at the “legal loophole that we need to close”. In this article, we will set out the decision of the Upper Tribunal and seek to identify what might constitute the “loophole” referred to by the Prime Minister.’

EIN Blog, 19th February 2025

Source: www.ein.org.uk

Judges reject appeal over whether protective duty had arisen in school exclusion case where pupil was vulnerable to child criminal exploitation – Local Government Lawyer

Posted February 20th, 2025 in appeals, children, disciplinary procedures, education, human rights, local government, news, school children, victims by sally

‘The Court of Appeal has rejected an appeal over a High Court judge’s finding that the protective duty under Article 4 of the European Court of Human Rights had not been triggered at the time when a governing body’s disciplinary panel decided not to reinstate a pupil following his permanent exclusion.’

Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Struck-off doctor still a risk to patients – panel – BBC News

Posted February 20th, 2025 in appeals, disciplinary procedures, doctors, news, standards, tribunals by sally

‘A doctor’s appeal to be restored to the medical register has been denied after a tribunal said he would pose a risk to patients.’

BBC News, 20th February 2025

Source: www.bbc.co.uk

Starmer in public row with most senior judge over Gaza immigration decision – The Independent

Posted February 19th, 2025 in appeals, government departments, immigration, Israel, judges, judiciary, news, parliament by sally

‘Sir Keir Starmer has found himself in a row with the most senior judge in England and Wales after criticising an immigration decision at last week’s Prime Minister’s Questions.’

The Independent, 19th February 2025

Source: www.independent.co.uk

Norman Hay Plc (in Member’s Voluntary Liquidation) v Marsh Ltd – 4 New Square

Posted February 18th, 2025 in appeals, causation, chambers articles, insolvency, negligence, news by sally

‘In this case analysis, Nicholas Broomfield and Diarmuid Laffan discuss Norman Hay Plc v Marsh Ltd, examining its treatment of causation principles in brokers’ negligence claims and its clarification of the limited circumstances in which Dalamd Ltd v Butterworth Spengler Commercial Ltd [2018] EWHC 2558 (Comm) applies.’

4 New Square, 11th February 2025

Source: www.4newsquare.com

Southport killer Axel Rudakubana’s sentence not unduly lenient, attorney general says – The Independent

Posted February 17th, 2025 in appeals, attempted murder, attorney general, bereavement, children, criminal justice, families, imprisonment, murder, news, sentencing, terrorism, young offenders by sally

‘Southport killer Axel Rudakubana’s sentence was not unduly lenient and will not be referred to the Court of Appeal, the attorney general has said.’

The Independent, 14th February 2025

Source: www.independent.co.uk

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