Court rejects appeal against judgment delivered after 18 months – Law Society’s Gazette

Posted July 26th, 2019 in appeals, debts, delay, fraud, judges, judgments, misrepresentation, news by tracey

‘Losing defendants in a civil claim have failed to overturn a judge’s ruling – despite it taking him 18 months from the end of proceedings to hand it down.’

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Law Society's Gazette, 26th July 2019

Source: www.lawgazette.co.uk

Knife crime epidemic will not end until weapons on streets are no longer ‘cool’, says judge – Daily Telegraph

‘Britain’s knife crime epidemic will continue until young people see weapons as “uncool”, a judge has said. Mr Justice Bryan’s comments came as he sentenced a 17-year-old boy to eight months in custody for stabbing a grammar school pupil in the heart with a flick knife.’

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Daily Telegraph, 25th July 2019

Source: www.telegraph.co.uk

Lord Reed appointed next President of Supreme Court, alongside three new justices – Courts and Tribunals Judiciary

Posted July 25th, 2019 in judges, press releases, Supreme Court by tracey

‘The Right Hon Lord Reed will succeed Baroness Hale of Richmond as President of the Supreme Court of the United Kingdom..’

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Courts and Tribunals Judiciary, 25th July 2019

Source: www.judiciary.uk

Jurors use internet chat rooms to get tips on how to avoid serving, senior judge warns – Daily Telegraph

Posted July 23rd, 2019 in internet, judges, juries, news by sally

‘Potential jurors are using internet chat rooms to find “tips and techniques” on how to avoid their public duty, a senior judge has warned.’

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Daily Telegraph, 22nd July 2019

Source: www.telegraph.co.uk

Judge faces no action over drink-driver ‘being a woman’ remark – BBC News

‘A judge who said a drink-driver deserved a chance to avoid jail because she is a woman will not face sanctions.’

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BBC News, 8th July 2019

Source: www.bbc.co.uk

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association

‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’

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UK Constitutional Law Association, 26th June 2019

Source: ukconstitutionallaw.org

Part 36 consequences “are severable”, High Court rules – Litigation Futures

Posted June 26th, 2019 in civil procedure rules, costs, judges, jurisdiction, news, part 36 offers by sally

‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’

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Legal Futures, 25th June 2019

Source: www.litigationfutures.com

Valedictory lecture by President of the Queen’s Bench Division – Criminal Trials: The Human Experience – Courts and Tribunals Judiciary

Posted June 17th, 2019 in criminal justice, judges, juries, speeches by tracey

‘Valedictory lecture by President of the Queen’s Bench Division – Criminal Trials: The Human Experience.’

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Courts and Tribunals Judiciary, 14th June 2019

Source: www.judiciary.uk

Sajid Javid’s decision to strip Shamima Begum of her citizenship questioned by one of UK’s most senior judges – Daily Telegraph

‘One of Britain’s most senior judges has called into question Sajid Javid’s decision to strip Isil bride Shamima Begum of her British citizenship.’

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Daily Telegraph, 9th June 2019

Source: www.telegraph.co.uk

Tribunal verdict quashed after judge fell asleep twice during proceedings – Daily Telegraph

Posted June 5th, 2019 in appeals, cross-examination, employment tribunals, judges, news by sally

‘A judge who repeatedly fell asleep during a case has prompted an appeal court to overturn his verdict.’

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Daily Telegraph, 4th June 2019

Source: www.telegraph.co.uk

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’

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Litigation Futures, 4th June 2019

Source: www.litigationfutures.com

Couple jailed for harassing judge after birthday card sent to her home – Law Society’s Gazette

Posted May 31st, 2019 in family courts, harassment, judges, news, sentencing by tracey

‘A couple involved in contentious litigation sent a birthday card to the home address of the family judge hearing their case, telling her to “keep up the good work stealing for profit”, it has emerged. The incident was one of five highlighted in a High Court judgment handed down last month.’

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Law Society's Gazette, 30th May 2019

Source: www.lawgazette.co.uk

Court of Appeal hits out at “hugely burdensome” routine requests for clarification of judgments in care cases – Local Government Lawyer

Posted May 30th, 2019 in appeals, care orders, children, interpretation, judges, judgments, limitations, news by tracey

‘The Court of Appeal has issued a reminder to practitioners that receiving a judge’s draft judgment in care cases is “not an ‘invitation to treat’, nor is it an opportunity to critique the judgment or to enter into negotiations with the judge as to the outcome or to reargue the case in an attempt to water down unpalatable findings”.’

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Local Government Lawyer, 29th May 2019

Source: www.localgovernmentlawyer.co.uk

Judge slashes solicitors’ trial costs saying: Leave the work to counsel – Law Society’s Gazette

‘A Court of Appeal judge has made clear that solicitors should not be paid for trial preparation that is capable of being dealt with by counsel.’

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Law Society's Gazette, 28th May 2019

Source: www.lawgazette.co.uk

Judge ‘misled court in case against paedophile teacher’ – Daily telegraph

‘A judge has been accused of misleading a court and denying justice to victims of a paedophile headmaster.’

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Daily Telegraph, 23rd May 2019

Source: www.telegraph.co.uk

Judge reprimands solicitors for “imbeclic request” comment – Litigation Futures

‘A judge has criticised solicitors in a copyright infringement claim for describing a disclosure request made by the opposing side as “imbecilic”.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

Judge “bullied” litigant in person, Court of Appeal rules – Litigation Futures

‘A High Court judge “seriously transgressed” the core principle that he remain neutral during the evidence and used bullying language against a litigant in person, the Court of Appeal has ruled.’

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Litigation Futures, 20th May 2019

Source: www.litigationfutures.com

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

NB on Re NB – Transparency Project

‘At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife. This was in the course of a preliminary hearing in the Court of Protection, a court which makes decisions about and on behalf of adults who lack mental capacity to make decisions themselves. The Court of Protection can decide whether or not an adult lacks mental capacity to make decisions about sexual relations, and if he or she does not, make orders which protect the adult as far as possible from having sexual relations, by imposing restrictions on their freedom of contact with other people. The Court cannot make a decision about whether or not to have sexual relations on behalf of an incapacitated adult, as that is an intimate personal decision which no-one can take on behalf of anyone else. The law’s approach to capacity to marry is exactly the same.’

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Transparency Project, 20th May 2019

Source: www.transparencyproject.org.uk

‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

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Law Society's Gazette, 20th May 2019

Source: www.lawgazette.co.uk