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Articles, tagged with "court of appeal", page 1

Legal

Prenuptial Agreement in UK

07th March 2011
Is Prenuptial Agreement Legal in the UK? In the United Kingdom, pre-nuptial agreements currently have no legal standing. They are not binding on the courts Recently, in a case called MacLeod v MacLeod, the most senior judges confirmed that whil...
Author: Herry Taylor
Immigration Law

Why the UKBA's first

15th February 2011
There has been a series of challenges to the lawfulness of the Government's Points Based System since the Court of Appeal's judgment in Secretary of State for the Home Department v Pankina (2010) EWCA Civ 719, (2010) 3 WLR 1526 which came out in June of 2...
Author: Gherson
Immigration Law

Interim Cap on Tier 1 and Tier 2 is Unlawful

17th January 2011
Two senior judges have ruled that the interim cap on applications under Tiers 1 and 2 of the Points Based System was unlawful. The interim cap, which was intended to be the precursor to the permanent cap which is to be imposed next April (2011) was me...
Author: Gherson
Legal

Appeals under the Points Based System in Effect of Pankina

24th September 2010
The Asylum and Immigration Chamber of the Upper Tribunal has issued two important determinations, FA and AA (PBS: effect of Pankina) Nigeria [2010] UKUT 00304 (IAC) and CDS (PBS: "available": Article 8) Brazil [2010] UKUT 00305 (IAC), which provide an ove...
Author: Gherson
Immigration Law

Important Changes to the Immigration Rules in the Wake of Pankina and English UK

18th August 2010
The operation of the Points Based System has been put at risk by the judgments of the Court of Appeal in Pankina and of the Administrative Court in English UK. On Tuesday 20 July 2010, the government confirmed to the Immigration Law Practitioners Assoc...
Author: Gherson
Legal

The Second Wife in UK Law

03rd June 2010
So is there life after divorce? The answer is yes but for many this can be affected by ongoing financial obligations from an earlier marriage. Statistics show that remarriage is usual and that thoughts of 'once bitten, twice shy' do not last. What will...
Author: Legal-Zone
Legal

Expert Witnesses: Striking a Late Designation

22nd March 2010
"When it comes to issues that both sides anticipate will be disputed at trial, a party cannot merely 'reserve its right' to designate experts in the initial exchange, wait to see what experts are designated by the opposition, and then name its experts onl...
Author: Laine T Wagenseller
Legal

Suing Your Employer: The Uphill Battle

04th July 2009
The intense struggle employees, who have suffered employment related discrimination, can expect to experience when challenging a powerful employer is somewhat illustrated by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006). The Em...
Author: Simon King
Legal

Appeal Stages and Court Structure in Employment Disputes

23rd June 2009
The high-profile Chagger v Abbey National plc & Hopkins [2006] legal case, where the Employment Tribunal's verdict of race discrimination led to the record £2.8 million compensation award, is due to be heard by the Court of Appeal next month (July 2009)....
Author: Simon King
Legal

Court of Appeal confirms occupiers’ liability in football accident claim

26th April 2009
The court of appeal has clarified the issue of occupiers' liability in a case involving a 10-year old who was injured when a goalpost collapsed on him as he was playing football at a caravan park. Whilst the accident claim for damages had initially been d...
Author: Neil Worrall - Camps Solicitors
Legal

Common Law Contract Enforcement Requirements: Privity

02nd October 2008
Privity of contract is one of the most basic rules of the common law of contract and one of the defining tests for the validity of any contract. This doctrine essentially determines who is a party to contract and who may rely upon the rights granted under...
Author: Rebecca Lim