Pioneering collective action settles subject to tribunal approval – Legal Futures

Posted December 4th, 2024 in appeals, banking, class actions, compensation, consumer protection, news by tracey

‘The groundbreaking collective action brought against Mastercard has settled, subject to approval by the Competition Appeal Tribunal (CAT), it was announced yesterday.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

CoA rejects late claim in spite of its merits – Law Society’s Gazette

Posted December 2nd, 2024 in appeals, case management, damages, news, striking out, time limits by tracey

‘The Court of Appeal has ruled that a litigant who missed a deadline should not have been granted leniency merely because she appeared to have a strong case.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Women not appealing conviction ‘because they fear rocking the boat’ – Law Society’s Gazette

‘Women are less likely than men to appeal their convictions because they fear “rocking the boat” and doing anything that could increase their sentence, the Criminal Cases Review Commission has revealed.’

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Law Society's Gazette, 2nd December 2024

Source: www.lawgazette.co.uk

Rupert Grint asked to pay more than £1.8m after losing tax battle – The Independent

Posted December 2nd, 2024 in appeals, capital gains tax, HM Revenue & Customs, income tax, news, taxation by tracey

‘Former Harry Potter actor Rupert Grint must pay more than £1.8m in tax after losing a legal battle with HM Revenue and Customs. Grint, who played Ron Weasley in the franchise, was ordered to pay the sum in 2019 after HMRC launched an investigation into his tax return from the 2011-12 tax year.’

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The Independent, 30th November 2024

Source: www.independent.co.uk

Appeal judge orders re-hearing of employment claim against council where most of written reasons of tribunal were copied from evidence or submissions of local authority – Local Government Lawyer

‘The Employment Appeal Tribunal has ordered a re-hearing of claims by an ex-employee against a local authority, after finding that most of the Employment Tribunal’s written reasons were copied from the council’s witness evidence or written submissions.’

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Local Government Lawyer, 26th November 2024

Source: www.localgovernmentlawyer.co.uk

Balancing Open Justice and Privacy: A Case Study on Taxpayer Anonymity in the Upper Tribunal – 33 Bedford Row

‘HMRC v The Taxpayer (Appellant) and Times Media Limtied and News Group Newspapers Limited and PA Media Tax Policy Associates Limited (Third Parties) [2024] UKUT 00364 (TCC). This case concerns an application for taxpayer anonymity in the Upper Tribunal (Tax and Chancery Chamber). The taxpayer, who had initially appealed against HMRC’s denial of certain tax deductions, sought to keep their identity confidential during the proceedings and in the final decision. This request was opposed by HMRC and several media organizations, including Times Media Limited and News Group Newspapers Limited.’

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33 Bedford Row, 22nd November 2024

Source: www.33bedfordrow.co.uk

Lateness – excusable and otherwise – Nearly Legal

‘Idara v Southwark LBC (2024) EWHC (KB) (unreported as yet). This was an appeal to the High Court of the County Court’s refusal to give permission for an out of time section 204 appeal. Southwark had found on review that a property offered to Ms Idara was suitable and so her refusal of the property discharged Southwark’s housing duty.’

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Nearly Legal, 24th November 2024

Source: nearlylegal.co.uk

World Heritage Sites – the Stonehenge judgment – Local Government Lawyer

Posted November 25th, 2024 in appeals, local government, monuments, news, planning, roads by tracey

‘Simon Barnes highlights the key aspects which are relevant to local government from the recent Court of Appeal judgment dismissing a challenge to a development consent order affecting Stonehenge.’

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Local Government Lawyer, 22nd November 2024

Source: www.localgovernmentlawyer.co.uk

Retired judge to front collective action against Google – Legal Futures

‘A retired deputy High Court judge is set to front a collective action worth billions of pounds alleging that Google has abused its dominant position in online search advertising.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Law firm’s poor work did not undermine rapist’s conviction – Legal Futures

‘The Court of Appeal has upheld the safety of a man’s conviction for rape despite the Legal Ombudsman criticising his solicitors’ poor conduct of the case.’

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Legal Futures, 25th November 2024

Source: www.legalfutures.co.uk

Autistic man still locked up for murder under joint enterprise laws 10 years after friend stabbed stranger – The Independent

‘Despite Alex Henry running from the scene and being diagnosed with autism, he remains behind bars.’

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The Independent, 23rd November 2024

Source: www.independent.co.uk

A Beginner’s Guide to Extradition – Law Pod UK

Posted November 22nd, 2024 in appeals, extradition, news, podcasts, Supreme Court by sally

‘Benjamin Seifert of 1 Crown Office Row joins Lucy McCann to introduce our listeners to extradition law: the statutory framework that governs extradition, the procedure, the types of challenges raised when resisting extradition and recent developments in extradition law in the UK Supreme Court.’

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Law Pod UK, 22nd November 2024

Source: audioboom.com

Father fails in appeal in childcare case over subsequent diagnosis of autism – Local Government Lawyer

Posted November 19th, 2024 in appeals, autism, care orders, news, placement orders by tracey

‘The Court of Appeal has rejected a father’s appeal against care and placement orders made in respect of his daughter, finding that while his subsequent diagnosis of autistic spectrum disorder (ASD) may have had a “bearing” on some of the risks identified in the case, the majority and the most serious identified risks were not linked to ASD.’

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Local Government Lawyer, 18th November 2024

Source: www.localgovernmentlawyer.co.uk

In depth: Supreme Court’s Sky ruling sends ‘shockwaves’ through IP sector – Law Society’s Gazette

Posted November 18th, 2024 in appeals, intellectual property, media, news, Supreme Court, trade marks by tracey

‘Judgment in Sky trade mark saga clarifies both the law on bad faith registrations and the Supreme Court’s own remit. Brand owners must beware obtaining marks they have no intention of using.’

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Law Society's Gazette, 17th November 2024

Source: www.lawgazette.co.uk

The Supreme Court prioritises substance over form in protecting the welfare of children in an immigration context. Explicit reference to guidance is neither sufficient nor necessary – UK Human Rights Blog

‘In their co-authored judgment, Lord Sales and Dame Siobhan Keegan provide a rich analysis of how the courts should consider the welfare of children in an immigration context. In doing so, they clarify the meaning and effect of Section 55 of the Borders, Citizenship and Immigration Act 2009 (“Section 55”) and its interaction with Article 8 of the European Convention on Human Rights (“Article 8”). The judgment provides a guide for how the appellate courts should assess decision-making by the Secretary of State, her officials, and the First-tier Tribunal.’

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UK Human Rights Blog, 15th November 2024

Source: ukhumanrightsblog.com

Supreme Court breathes new life into “equitable rectification” – Pensions Barrister

‘In National Union of Rail, Maritime and Transport Workers v Tyne and Wear Passenger Transport Executive T/A Nexus [2024] UKSC 37, the Supreme Court has handed down an important judgment on the scope of rectification, holding that a collective bargaining agreement can be rectified even though it is not a legally enforceable contract. Of greater relevance for pensions lawyers is the decision that the Employment Tribunal, whilst it does not have the power to make a rectification order, can nevertheless treat a document as having been rectified on the basis of the principle that “equity can treat as done that which ought to have been done”. This has potentially wide-ranging consequences for other statutory tribunals, including the FTT and the Pensions Ombudsman.’

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Pensions Barrister, 14th November 2024

Source: www.pensionsbarrister.com

Andrew Malkinson says he has been ‘left to rot’ after wrongful conviction quashed – The Guardian

‘Andrew Malkinson, who spent 17 years in jail for a crime he did not commit, says the Ministry of Justice has left him “to rot” after telling him he is likely to have to wait months before learning if he is even eligible for compensation.’

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The Guardian, 14th November 2024

Source: www.theguardian.com

FCA urges Supreme Court to act quickly over car finance mis-selling – Legal Futures

Posted November 15th, 2024 in appeals, consumer credit, consumer protection, news, Supreme Court by sally

‘The Financial Conduct Authority (FCA) is to ask the Supreme Court to make a quick decision on whether it will hear the appeal against the recent decision on car finance mis-selling.’

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Legal Futures, 14th November 2024

Source: www.legalfutures.co.uk

FCA v BlueCrest Capital Management – Blackstone Chambers

Posted November 13th, 2024 in appeals, banking, chambers articles, jurisdiction, news, tribunals by sally

‘The Court of Appeal has today given judgment in a landmark case addressing the scope of the Upper Tribunal’s jurisdiction in financial services cases and the power of the FCA to impose redress requirements on individual firms. The Court allowed the FCA’s appeal and dismissed the Respondent’s cross-appeal.’

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Blackstone Chambers, 2nd October 2024

Source: www.blackstonechambers.com

Splitting hairs: A review of the ‘related to’ test under section 26 Equality Act 2010 – Cloisters

‘In Finn v British Bung Manufacturing Company [2023] EAT 165, the EAT upheld an employment tribunal’s decision that calling a male colleague a ‘bald c**nt’ was harassment related to sex. The employer’s counterargument, that baldness is not an exclusively male characteristic, failed.’

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Cloisters, 8th October 2024

Source: www.cloisters.com