appeals – Page 3 – Current Awareness

Mandatory Alternative Dispute Resolution (ADR) – Becket Chambers

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

‘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 Lily

‘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 Lily

‘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 Lily

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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 tracey

‘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

Court of Appeal adopts intervener’s submissions in Higgs v Farmor’s School and upholds guidance provided by the EAT in landmark case of manifestation of religion and belief – Cloisters Chambers

Posted February 14th, 2025 in appeals, Church of England, employment, employment tribunals, equality, gender, news, religious discrimination, unfair dismissal by Lily

‘The Court of Appeal has today upheld the guidance provided by the EAT, that was proposed by Sarah Fraser Butlin KC for the Archbishops’ Council, in a major decision concerning the question of how courts and tribunals should approach religious or philosophical belief discrimination cases concerning the manifestation of belief – when people are treated less favourably because they have done or said something expressing their protected beliefs. The guidance will be of real practical assistance to employers and employees.’

Cloisters Chambers, 12th February 2025

Source: www.cloisters.com

School employee wins Court of Appeal battle over dismissal for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer

Posted February 14th, 2025 in appeals, employment, employment tribunals, equality, gender, local government, news, religious discrimination, unfair dismissal by Lily

‘The Court of Appeal has allowed an appeal from a Christian school employee who was dismissed because she posted messages on her personal Facebook account opposing the teaching in schools, and in particular primary schools, of “gender fluidity” and that same-sex marriage is equivalent to marriage between a man and a woman.’

Local Government Lawyer, 12th February 2025

Source: www.localgovernmentlawyer.co.uk

Senior Court of Protection judge approves adapted checklist for assessing capacity after case highlights different approaches between social workers and clinicians – Local Government Lawyer

Posted February 14th, 2025 in appeals, Court of Protection, deprivation of liberty safeguards, disabled persons, local government, mental health, news by Lily

‘The Vice President of the Court of Protection has allowed an appeal against final declarations regarding the residence and care of a vulnerable man, observing an “evidential divide” on capacity between the clinicians and social workers.’

Local Government Lawyer, 14th February 2025

Source: www.localgovernmentlawyer.co.uk

Supreme Court quashes extradition of trader in ‘landmark’ judgment – Law Society’s Gazette

Posted February 14th, 2025 in appeals, extradition, insider dealing, news, statutory interpretation, Supreme Court by Lily

‘The extradition to the US of a man accused of insider trading has been quashed by the Supreme Court in a “landmark judgment” after the court itself granted permission to appeal.The appeal centred on the definition of an “extradition offence” and the operation of the double criminality rule in section 137 of the Extradition Act 2003.’

Law Society's Gazette, 13th February 2025

Source: www.lawgazette.co.uk

MoJ to pay Andrew Malkinson ‘significant’ sum over wrongful rape conviction – The Guardian

Posted February 13th, 2025 in appeals, compensation, criminal justice, Ministry of Justice, miscarriage of justice, news, rape, sexual offences by sally

‘Andrew Malkinson is to be given a payout by the Ministry of Justice, more than a year and a half after the court of appeal declared his innocence.’

The Guardian, 12th February 2025

Source: www.theguardian.com

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by tracey

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

EIN Blog, 11th February 2025

Source: www.ein.org.uk

Supreme Court to hear key case next week on ‘appropriate assessment’ and subsequent approvals – Local Government Lawyer

Posted February 11th, 2025 in appeals, environmental protection, housing, local government, news, planning, Supreme Court by tracey

‘The Supreme Court will next week consider whether Regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) require an “appropriate assessment” to be undertaken for subsequent approvals after the grant of outline planning permission at a further consent stage, i.e. at the approval of reserved matters and discharge of conditions stages.’

Local Government Lawyer, 10th February 2025

Source: www.localgovernmentlawyer.co.uk

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