11 results for 'judge:"Newey"'.
J. Newey finds a lower court improperly dismissed a civilian's accommodation claims against a city council. The city council argued that it provided him with adequate housing. However, the civilian presented sufficient evidence in court that he is entitled to a housing upgrade to accommodate his three children who visit regularly. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 27, 2024, Case #: CA-2023-758, Categories: Family Law, Government, Housing
J. Newey finds a lower court properly dismissed a life insurance company's challenge to imposed Value Added Tax. The life insurance company argued that revenue and customs authority overcharged it for performance fees plus VAT. However, revenue and customs sufficiently showed in court that the imposition was based on "taxable supply" for goods and services. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 26, 2024, Case #: CA-2023-861, Categories: Insurance, Tax, Damages
J. Newey finds a lower court improperly dismissed a beneficial interest holder's motion on contract claims against a former domestic spouse. The interest holder's former spouse argued that he was entitled to a stake in the land. However, the interest holder sufficiently showed in court that her former spouse was convicted for money laundering and that she is entitled to a stay in proceedings until his criminal proceedings end. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 18, 2024, Case #: CA-2023-1133, Categories: Property, Contract
J. Newey finds a lower court properly dismissed a civilian's housing claims against a city council. The civilian argued that the city council is obligated to accommodate his homelessness. However, the city council presented sufficient evidence in court that he became "homeless intentionally" after he was evicted for anti-social behavior. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 20, 2023, Case #: CA-2023-443, Categories: Civil Rights, Housing
J. Newey finds a lower court properly dismissed a citizen of Burundi's motion to remain in the U.K. The Burundi citizen argued that she is entitled to relief under human rights protection rules. However, she served a sentence for fraudulently claiming benefits by deception. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 16, 2023, Case #: CA-2022-1723, Categories: Fraud, Immigration
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J. Newey finds a lower court improperly ruled in favor of a holding company on two businessmen's breach of warranty claims. The holding company argued that it properly transferred shares to both parties. However, the businessmen sufficiently showed in court that they are entitled to millions of damages for a defective warranty. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 3, 2023, Case #: CA-2023-822, Categories: Damages, Warranty, Contract
J. Newey finds a lower court properly ruled in favor of a liquidated hotel portfolio on fraud and fiduciary duty claims against two hotel developers. The hotel developers argued that they are not obligated to pay equitable compensation to a lender liquidator. However, although the hotel portfolio did not suffer equitable loss, it is still entitled to compensation from the hotel developers based on their gain of fraudulent profits. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: October 4, 2023, Case #: CA-2022-1487, Categories: Fraud, Fiduciary Duty, Banking / Lending
J. Newey finds a lower court properly dismissed a resident's request for housing accommodations. The resident, a native of Somalia, argued that she is entitled to a "suitable" place to live under the Housing Act after being forced to leave a room provided to her by the asylum support services. However, the local borough presented sufficient evidence in court that it provided her with adequate accommodations in a hostel with access to a shared bathroom and kitchen. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: August 11, 2023, Case #: CA-2022-408, Categories: Immigration, Housing
J. Vos finds a lower court improperly dismissed a national park authority's public rights violations against a landowner. The landowner argued that he was entitled to a "right of access to the commons on foot or on horseback" in order to enjoy open air recreational activities. However, the national park authority presented sufficient evidence in court that "foot and horseback" does not fall within recreational category rules. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: July 31, 2023, Case #: CA-2023-229, Categories: Government, Property
J. Newey finds a lower court properly dismissed a drug manufacturer's motion for injunction concerning patent infringement claims against other drug manufacturers. The drug manufacturer argued that the secretary of health erred in deciding that it engaged in competition law infringement when it obtained injunctions against other companies who sought to sell the cardiovascular treatment drug. However, the secretary of health sufficiently showed in court that the patent lacks novelty. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: June 30, 2023, Case #: CA-2022-740, Categories: Health Care, Patent, Injunction
J. Newey finds a lower court properly dismissed a mixed used building owner's breach of lease claims against an apartment complex. The mixed used building owner argued that the apartment complex operator breached a shared ownership lease. However, the apartment complex operator presented sufficient evidence in court that it was entitled to acquire the right to manage certain blocks of flats that housed qualifying tenants.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: May 30, 2023, Case #: CA-2022-1754, Categories: Landlord Tenant, Housing, Contract