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

Employment Appeal Tribunal gives comprehensive guidance on the correct approach to applications to extend time – Devereuax Chambers

Posted November 13th, 2024 in appeals, chambers articles, employment, employment tribunals, news, time limits by sally

‘A litigant wishing to appeal against a decision of the Employment Tribunal must issue a Notice of Appeal within 42 days of either the Tribunal’s order or the date on which the written reasons were sent to the parties.’

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Devereux Chambers, 3rd October 2024

Source: www.devereuxchambers.co.uk

Man freed after appealing against riots sentence – BBC News

‘An 18-year-old man jailed for smashing a restaurant window during the summer riots is to be freed after successfully appealing against his sentence.’

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BBC News, 7th November 2024

Source: www.bbc.co.uk

Firm loses appeal against directors who quit to run their own business – Law Society’s Gazette

Posted November 8th, 2024 in appeals, fiduciary duty, law firms, news, solicitors by tracey

‘A Liverpool firm has lost its legal fight against two former directors who left to form their own business. The Court of Appeal ruled this week that CEL Solicitors had no basis for alleging that Thomas Blanchfield and Mark Montaldo had breached their fiduciary duty before resigning in 2023.’

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Law Society's Gazette, 6th November 2024

Source: www.lawgazette.co.uk

Housing case law: September & October 2024 – Local Government Lawyer

‘Natalie Hurst and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’

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Local Government Lawyer, 5th November 2024

Source: www.localgovernmentlawyer.co.uk

Olivia killer’s bid to appeal murder conviction – BBC News

Posted November 7th, 2024 in appeals, murder, news by tracey

‘The man who shot nine-year-old Olivia Pratt-Korbel will try and seek permission to appeal his conviction for her murder in court later this month.’

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BBC News, 6th November 2024

Source: www.bbc.co.uk

HMO licensing appeals: to re-hear, or not to re-hear? – Local Government Lawyer

‘Angela Piears considers a First-tier Tribunal (FTT) case about HMO licences: How should the FTT approach the hearing of an HMO licensing appeal? Who can challenge the decision to grant an HMO licence? How should a local authority serve notices on a freehold company?’

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Local Government Lawyer, 6th November 2024

Source: www.localgovernmentlawyer.co.uk

Gabriel Tan: A confused approach to irrationality: Oakley and Sneddon v Secretary of State for Justice – UK Constitutional Law Association

Posted November 4th, 2024 in appeals, constitutional law, Ministry of Justice, news, parole, prisons by tracey

‘On 28 October 2024, the Court of Appeal handed down its eagerly-awaited judgment in Oakley and Sneddon v Secretary of State for Justice, concerning the proper approach to cases where the Secretary of State rejects advice from the Parole Board to transfer prisoners to open prison conditions.’

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UK Constitutional Law Association, 4th November 2024

Source: ukconstitutionallaw.org

Lawyers’ “serious failings” topped by Court of Appeal errors – Legal Futures

Posted November 4th, 2024 in appeals, delay, immigration, judicial review, news, time limits by tracey

‘The “serious failings” of an immigration claimant’s lawyers in appealing a decision were rendered irrelevant by mistakes in the Court of Appeal office, the court has admitted.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Surge in backlog of wrongful conviction appeals at under-fire watchdog – The Independent

‘The backlog of people left waiting to know whether they will be allowed to reappeal an alleged miscarriage of justice has soared by nearly half in just four years, The Independent can reveal.’

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The Independent, 2nd November 2024

Source: www.independent.co.uk

Appeal judges reiterate that it is for the court – not local authorities or any other person – to determine in adoption cases whether there should be ongoing contact with birth family – Local Government Lawyer

‘The Court of Appeal has allowed a local authority’s appeal against a judge’s refusal to make placement orders in respect of two young children.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

AGA appeal raises important UK copyright questions – OUT-LAW.com

Posted November 1st, 2024 in appeals, copyright, intellectual property, news, trade marks by tracey

‘Important questions of UK copyright law are set to be considered by the Court of Appeal in London next year in a case in which a dispute has arisen over intellectual property rights relating to AGA cookers.’

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Out-law.com, 31st October 2024

Source: www.pinsentmasons.com

Palestinian student stripped of UK visa after Gaza remarks wins human rights appeal – The Guardian

‘A Palestinian student who was stripped of her student visa after remarks she made about the Israel-Gaza war has won a human rights appeal against the Home Office’s decision.’

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The Guardian, 30th October 2024

Source: www.theguardian.com

Lloyds suspends commission payments after ‘seismic’ ruling on UK car finance – The Guardian

Posted October 31st, 2024 in appeals, banking, consumer protection, loans, news by michael

‘Lloyds Banking Group has scrapped commission payments across its £15bn motor finance arm after a landmark ruling on car loan misselling, as industry and Treasury officials hold urgent talks amid fears of contagion across the wider financial sector.’

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The Guardian, 30th October 2024

Source: www.theguardian.com

Disability-related absences and dismissal – Local Government Lawyer

‘Should dismissals for disability-related absences be pleaded as direct discrimination? Robin Pickard examines a recent Employment Appeal Tribunal case involving a local authority.’

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Local Government Lawyer, 30th October 2024

Source: www.localgovernmentlawyer.co.uk

What’s another day? – Nearly Legal

Posted October 29th, 2024 in appeals, housing, landlord & tenant, news, rent, time limits by tracey

‘Moh & Ors v Rimal Properties Ltd (2024) UKUT 324 (LC). An appeal from two rent repayment order applications, in both of which the FTT had decided it had no jurisdiction to make a rent repayment order because the applications were made outside the statutory period.’

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Nearly Legal, 27th October 2024

Source: nearlylegal.co.uk

Council refused permission for appeal of tribunal order requiring it to publish redacted report – Local Government Lawyer

‘Havering Council has been refused permission to appeal a First-tier Tribunal (General Regulatory Chamber) order that it publish a historic self-assessment peer review submitted as part of the Local Government Association’s Race Equality, Accessibility, Diversity, and Inclusion (READI) review.’

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Local Government Lawyer, 28th October 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal ruling opens door to motor finance mis-selling claims – Legal Futues

Posted October 28th, 2024 in appeals, claims management, disclosure, fiduciary duty, law firms, news by tracey

‘The Court of Appeal has opened the door to billions of pounds worth of claims for mis-sold motor finance after finding dealers in breach of their fiduciary duty to customers.’

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Legal Futures, 28th October 2024

Source: www.legalfutures.co.uk