November and December 2024 Roundup – Football Law

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

‘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 sally

‘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

Is the right to a fair trial secure under the FA’s Whole Game System? – Football Law

Posted January 6th, 2025 in appeals, disciplinary procedures, news, sport by sally

‘The recent decision of an FA Appeal Board in Craig Walton v Birmingham County FA (“Walton”) [1], wherein this author represented the appellant, raises several questions of procedural fairness and natural justice: Firstly, can FA disciplinary proceedings brought against a Participant, without their knowledge, ever be considered fair? Secondly, is the answer to that question dependent upon the severity of the potential sanctions for the relevant charge(s)? Thirdly, if the second question is answered “yes”, is that a fair approach? The Appeal Board’s decision in Walton also offers some answers to those questions in the context of the FA’s Whole Game System (“WGS”) (an online portal used by the FA and grassroots football for administrative tasks). This article argues that the Appeal Board’s answers set a concerning approach for individuals’ right to a fair hearing in FA disciplinary proceedings. This article also argues that recent changes to the FA’s Disciplinary Regulations 2024/25 do not do enough to safeguard that interest, and that, in any event, there are shortcomings in the WGS meriting review.’

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Football Law, 2nd December 2024

Source: www.footballlaw.co.uk

Young persons’ consent for cross-sex hormone treatment – UK Human Rights Blog

‘O v P and Q [2024] EWCA Civ 1577. (Jeremy Hyam KC and Alasdair Henderson of 1 Crown Office Row represented the mother in this case)
This was an appeal from a decision in the Divisional Court by Judd J in April 2024. The case raises a question at the core of the transgender debate involving young people: consent.’

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UK Human Rights Blog, 1st January 2025

Source: ukhumanrightsblog.com

UK’s youngest knife killers’ sentences increased – BBC News

‘The UK’s youngest knife murderers have had the minimum terms of their life sentences increased for the killing of Shawn Seesahai.’

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BBC News, 19th December 2024

Source: www.bbc.co.uk

Appeal to name Sara Sharif’s family court judges – BBC News

‘A bid to name the judges involved in Sara Sharif’s family court proceedings before she was killed will be heard at the Court of Appeal.’

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BBC News, 19th December 2024

Source: www.bbc.co.uk

Courts to remain involved in young person gender case – BBC News

‘A mother who is trying to stop her teenager being given cross-sex hormones to change their gender has won her fight to keep the courts involved in the case.’

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BBC News, 19th December 2024

Source: www.bbc.co.uk

The Grip of the Peril: Sky UK Limited & Another v Riverstone Managing Agency Limited & Others – 4 New Square

Posted December 19th, 2024 in appeals, chambers articles, construction industry, indemnities, insurance, news by sally

‘Property insurance is generally written to cover damage caused by an insured peril during the period of indemnity. What if the damage is progressive or liable to spread? Will the insurance cover damage that worsens or spreads to further parts of the property after the policy expires?’

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4 New Square, 19th December 2024

Source: www.4newsquare.com

Housing disrepair and ADR following Churchill v Merthyr Tydfil County Borough Council (Law Society and others intervening) [2023] EWCA Civ 1416 – Park Square Barristers

Posted December 19th, 2024 in appeals, chambers articles, dispute resolution, housing, local government, news, repairs by sally

‘It has been over 12 months since the decision in Churchill was handed down by the Court of Appeal. My anecdotal experience is that the disrepair landscape did not change drastically for around nine months; however, in the last three months I have seen Churchill arise in both Defences and applications made early in proceedings. I anticipate that reliance on the authority will continue to grow.’

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Park Square Barristers, 17th December 2024

Source: www.parksquarebarristers.co.uk

Regulators must regulate lawfully: The availability of private law claims and remedies does not oust judicial review – Henderson Chambers

‘In this important recent decision the Supreme Court has found that in respect of an established nuisance, even where there were available to the claimant alternative private law remedies (nuisance and private prosecution) these did not oust an application for judicial review against the public authority in respect of an allegedly unlawful failure to exercise regulatory powers.’

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Henderson Chambers, 5th November 2024

Source: www.hendersonchambers.co.uk

Care proceedings and recusal – Local Government Lawyer

Posted December 17th, 2024 in adoption, appeals, bias, care orders, families, family courts, judges, local government, news, recusal by sally

‘Gary Fawcett considers two recent care cases he has dealt with recently where “recusal” has cropped up.’

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Local Government Lawyer, 17th December 2024

Source: www.localgovernmentlawyer.co.uk

Little sign of slowdown in solicitor-client costs disputes – Legal Futures

Posted December 17th, 2024 in appeals, costs, dispute resolution, news, solicitors, statistics by sally

‘Few costs lawyers have seen a reduction in disputes between solicitors and their clients despite 2022’s Court of Appeal ruling in Belsner, their representative body has reported.’

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Legal Futures, 17th December 2024

Source: www.legalfutures.co.uk

Misuse of private information: Google and DeepMind Technologies – UK Human Rights Blog

‘Prismall v Google UK Ltd [2024] EWCA Civ 1516. This was not a class action but a representative action, pursuant to what is now Civil Procedure Rule (CPR) 19.8, for the tort of misuse of private information against the respondents Google UK Limited (Google) and DeepMind Technologies Limited (DeepMind). The action was on behalf of Mr Prismall and a class of persons said to number approximately 1.6 million.’

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UK Human Rights Blog, 13th December 2024

Source: ukhumanrightsblog.com

Court of Protection Update – December 2024 – Local Government Lawyer

‘Emily Price analyses two recent Court of Protection cases that concerned the treatment of long-term relationships.’

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Local Government Lawyer, 13th December 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects claim for “former relevant child” status – Local Government Lawyer

Posted December 13th, 2024 in appeals, children, families, homelessness, housing, judicial review, local government, news by sally

‘The Court of Appeal has ruled against granting a judicial review of Essex County Council over whether a teenager who might have become homeless was entitled to ‘former relevant child’ status.’

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Local Government Lawyer, 12th December 2024

Source: www.localgovernmentlawyer.co.uk