Representative actions for mis-use of private information: “very difficult to bring” Prismall v Google [2024] EWCA Civ 1516 – Henderson Chambers

‘The Court of Appeal has upheld the striking out a representative action for misuse of private information. The judgment confirms the correct approach to identifying whether all claimants have the necessary ‘same interest’ in order to pursue a representative action. It highlights the risk that stripping back a claim to its lowest common denominator so as to satisfy the ‘same interest’ requirement may result in the pared down claim having no real prospect of success. Indeed, the Court of Appeal concluded that “a representative class claim for misuse of private information is always going to be very difficult to bring”.’

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Henderson Chambers, 23rd December 2025

Source: www.hendersonchambers.co.uk

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 24th, 2025 in appeals, chambers articles, interpretation, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2025

Source: gatehouselaw.co.uk

Menzies v Oakwood: requirement for specific agreement to transform retention of client monies into the payment of solicitors’ bills – Gatehouse Chambers

Posted January 24th, 2025 in appeals, fees, news, solicitors, Supreme Court, time limits by sally

‘In Menzies v Oakwood Solicitors [2024] UKSC 34, the Supreme Court considered the meaning of payment for the purposes of section 70(4) of the Solicitors Act 1974 (SA 1974).’

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Gatehouse Chambers, 20th December 2024

Source: gatehouselaw.co.uk

Immigration Blog: A Guide to the First-tier Tribunal (Immigration and Asylum Chamber) Practice Direction 2024 – Garden Court Chambers

Posted January 24th, 2025 in appeals, asylum, chambers articles, immigration, news by sally

‘On 1 November 2024, the First-tier Tribunal (Immigration and Asylum Chamber) (FTT IAC) ushered in a new era with the publication of its latest Practice Direction (PD). This comprehensive document replaces previous iterations and Practice Statement No. 1 of 2022, signifying a considerable shift in the landscape of immigration and asylum appeals.’

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Garden Court Chambers, 19th December 2024

Source: gardencourtchambers.co.uk

Dane Luo: R (Jwanczuk) v Work and Pensions Secretary: Bringing a Comparative Lens to Judicial Precedent on Inter-jurisdictional Laws – UK Constitutional Law Association

‘The Supreme Court will hear the appeal in R (Jwanczuk) v Secretary of State for Work and Pensions (UKSC/2023/0152) on 11 and 12 March 2025. One of the issues is the circumstances in which courts in England and Wales may depart from decisions of appellate courts in Northern Ireland and Scotland regarding laws of inter-jurisdictional operation (that is, laws passed by the Westminster Parliament that apply throughout the UK, or where identical or materially similar laws have been enacted in multiple jurisdictions). On one hand, the classical exposition of stare decisis is that it operates vertically, such that decisions by extra-hierarchical courts are never binding. But if stare decisis is concerned with predictability and enabling the public to legitimately rely on past decisions in carrying out their affairs, those aspirations would not be met if the same provisions were given two different meanings depending on whether one is north or south of the Tweed (or if one is to the east or west of the Irish Sea in Great Britain or Northern Ireland).’

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UK Constitutional Law Association, 22nd January 2025

Source: ukconstitutionallaw.org

Parks and interpretation – Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) – Gatehouse Chambers

Posted January 22nd, 2025 in appeals, chambers articles, news, tribunals by sally

‘It’s time to unwrap Rule 7(6) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (‘the Tribunal Rules’): the Upper Tribunal (‘UT’) has held in Wyldecrest Parks Management Ltd [2024] UKUT 355 (LC) that the First-tier Tribunal (‘FTT’) is not entitled under Rule 7(6) to require one party to serve the Tribunal’s directions on another, but must do so itself.’

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Gatehouse Chambers, 11th December 2024

Source: gatehouselaw.co.uk

Thatchers triumph in Court of Appeal copycat battle – OUT-LAW.com

Posted January 22nd, 2025 in appeals, competition, intellectual property, news, trade marks by Lily

‘A recent court of Court of Appeal decision is “game changing” for brand owners and signals a renewed commitment by the UK courts to protecting brand identity and ensuring fair competition, experts have said.’

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OUT-LAW.com, 21st January 2025

Source: www.pinsentmasons.com

Sentence review bid made for Sara Sharif’s father – BBC News

Posted January 21st, 2025 in appeals, child abuse, domestic violence, murder, news, sentencing by tracey

‘The Solicitor General has decided to appeal against the sentence passed on Sara Sharif’s father as “unduly lenient.”‘

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BBC News, 20th January 2025

Source: www.bbc.co.uk

Service of documents – post and deemed service – Nearly Legal

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

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Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

Private conversations and standards of propriety: DPP v Cobban – Journal of Media Law

‘This comment considers the decision of the Divisional Court in DPP v Cobban, looking at the application of s 127 of the Communications Act 2003 and the compatibility with Articles 8 and 10 of the ECHR. The comment argues that the decision is significant in imposing a criminal restriction to uphold standards of propriety in relation to a closed conversation between consenting adults. The comment also questions whether the reach of the decision can be limited to a context that involves police officers. The decision points to the limited protection of expression rights and highlights the ongoing problems of s 127 in applying a standard of gross offence in a speech crime.’

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Journal of Media Law, 10th January 2025

Source: www.tandfonline.com

Sara Sharif’s killers in sentence appeal bid – BBC News

‘The father and stepmother of 10-year-old Sara Sharif are seeking permission to appeal against their sentences for her murder.’

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BBC News, 16th January 2025

Source: www.bbc.co.uk

Government to appeal river pollution ruling – Local Government Lawyer

Posted January 16th, 2025 in appeals, fisheries, news, pollution, water by sally

‘Environment Secretary Steve Reed has appealed against a judicial review decision reached last year when Pickering Fishery Association successfully argued that the Environment Agency had failed in its legal duties to protect a former trout stream damaged by sewage pollution and runoff from fish farms.’

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Local Government Lawyer, 15th January 2025

Source: www.localgovernmentlawyer.co.uk

Manchester 21-year-old’s conviction quashed after rap video evidence refuted – The Guardian

‘An aspiring law student who addressed MPs in parliament has had his conviction for being part of a violent conspiracy quashed after new evidence showing he was wrongfully identified in a drill music video.’

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The Guardian, 15th January 2025

Source: www.theguardian.com

November and December 2024 Roundup – Football Law

Posted January 15th, 2025 in appeals, disciplinary procedures, fines, insolvency, news, remuneration, sport by tracey

‘A roundup of football law news and decisions from November and December 2024.’

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Football Law, 13th January 2025

Source: www.footballlaw.co.uk

Court of Appeal hears challenge to High Court ban on naming judges in Sara Sharif family case – Law Society’s Gazette

‘An order made by a High Court judge to restrain the naming of judges who sat in proceedings concerning the late Sara Sharif, who was murdered by her father and stepmother, infringed upon the principle of open justice ‘in a manner that is without any known precedent’, the Court of Appeal heard today.’

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Law Society's Gazette, 14th January 2025

Source: www.lawgazette.co.uk

Ministers to appeal against river pollution ruling won by Yorkshire anglers – The Guardian

Posted January 14th, 2025 in appeals, fisheries, news, pollution, water by tracey

‘The UK environment secretary, Steve Reed, is pursuing legal action against a group of anglers who are trying to restore the ecosystem of a river.’

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The Guardian, 14th January 2025

Source: www.theguardian.com

Take notice of these decisions – Gatehouse Chambers

‘The Supreme Court decision in A1 Properties (Sunderland) Ltd v Tudor Studios RTM Co Ltd [2024] UKSC 27 may be one of the most significant property law decisions of this year. In summary, the Supreme Court held that the failure to serve a claim notice on an intermediate landlord of communal areas did not invalidate an RTM claim in circumstances where that party could still present its arguments opposing the right to manage.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Switaj -v- McClenaghan [2024] EWCA Civ 1457 – Gatehouse Chambers

Posted January 10th, 2025 in appeals, chambers articles, fees, housing, landlord & tenant, news, repossession by sally

‘The Court of Appeal recently considered whether or not fees which were paid by a tenant before the enactment of the Tenant Fees Act 2019 (“TFA”) could preclude a landlord from recovering possession under s.21 of the Housing Act 1988.’

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Gatehouse Chambers, 6th December 2024

Source: gatehouselaw.co.uk

Commercial Court claims fall to lowest number in decade – Legal Futures

Posted January 10th, 2025 in appeals, Commercial Court, news, statistics, Supreme Court by sally

‘The number of new claims issued in the Commercial Court last year fell to the lowest figure in over a decade, new research has revealed.’

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Legal Futures, 10th January 2024

Source: www.legalfutures.co.uk

Expert Evidence in Immigration and Asylum Appeals – EIN Blog

Posted January 8th, 2025 in appeals, asylum, expert witnesses, immigration, news, video recordings by sally

‘In the second in a series of videos on November 2024’s new Practice Direction of the Immigration and Asylum Chamber of the First-tier Tribunal, barrister Adam Pipe explains the significant new requirements for expert evidence and expert reports.’

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EIN Blog, 7th January 2024

Source: www.ein.org.uk