Two men jailed for Coventry gangland murder cleared – BBC News

Posted September 26th, 2016 in appeals, gangs, murder, news by sally

‘Two men jailed for a gangland murder have been cleared on appeal after spending more than a decade in jail.’

Full story

BBC News, 23rd September 2016

Source: www.bbc.co.uk

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Woman who posed as man to trick friend into sex appeals against sentence – The Guardian

Posted September 21st, 2016 in appeals, consent, news, sentencing, sexual offences, transsexuals by tracey

‘Court of appeal will consider Gayle Newland’s legal challenge against eight-year prison term next month.’

Full story

The Guardian, 21st September 2016

Source: www.guardian.co.uk

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How often must we investigate torture? – UK Human Rights Blog

Posted September 21st, 2016 in appeals, armed forces, detention, human rights, Iraq, news, torture, war by tracey

‘Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811, 9 September 2016. This post concerns the extent of any obligations imposed on the UK to investigate violations of non-refoulement (under Article 3, ECHR) and arbitrary deprivation of liberty (Article 5, ECHR). The non-refoulement issue arose from two individuals whom had been captured by British forces in Iraq claimed they were transferred to American custody and subsequently ill-treated. The Article 5 issue arose from the detention by British forces in Iraq of several individuals who claimed to have had their Article 5 rights violated whilst in British custody.’

Full story

UK Human Rights Blog, 20th September 2016

Source: www.ukhumanrightsblog.com

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Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

Full story

Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

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Hard cases need better reasons – UK Human Rights Blog

Posted September 20th, 2016 in appeals, human rights, local government, news, planning by tracey

‘R (o.t.a. CPRE Kent) v. Dover District Council [2016] EWCA Civ 936, 14 September 2016. The Court of Appeal has just given us a robust vindication of the importance of giving proper reasons when granting planning permission, by way of a healthy antidote to any suggestion that this is not really needed as part of fairness.’

Full story

UK Human Rights Blog, 16th September 2016

Source: www.ukhumanrightsblog.com

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Right to be Forgotten? – Nearly Legal

Posted September 20th, 2016 in appeals, causation, homelessness, housing, news by tracey

‘When does temporary accommodation become settled so as to break the chain of causation of intentional homelessness? The appeal in Huda v LB Redbridge [2016] EWCA Civ 709 concerned a homeless applicant and his family, who were effectively forgotten about by the council following a final decision on their application.’

Full story

Nearly Legal, 18th September 2016

Source: www.nearlylegal.co.uk/blog/

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Hatton Garden heist ringleader refused leave to appeal against sentence – The Guardian

Posted September 19th, 2016 in appeals, news, robbery, sentencing by tracey

‘The oldest member of the Hatton Garden jewellery raid gang has failed in an attempt to win a reduction of his jail sentence.’

Full story

The Guardian, 16th September 2016

Source: www.guardian.co.uk

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Finance and Divorce Update September 2016 – Family Law Week

Posted September 15th, 2016 in appeals, divorce, fees, financial provision, news, pensions, periodical payments by tracey

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during August 2016.’

Full story

Family Law Week, 9th September 2016

Source: www.familylawweek.co.uk

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Supreme Court to hear recoverability appeal alongside dispute over who ‘won’ libel case – Litigation Futures

Posted September 13th, 2016 in appeals, costs, defamation, news, Supreme Court by sally

‘The Supreme Court has joined an appeal over the recoverability of additional liabilities in defamation cases to a long-running libel case where it is to consider which party won for the purposes of costs.’

Full story

Litigation Futures, 12th September 2016

Source: www.litigationfutures.com

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Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

Full story

Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

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War remains inside the court room: jurisdiction under ECHR – UK Human Rights Blog

‘This is an extremely important judgment from the Court of Appeal on the reach of the ECHR into war zones, in this case Iraq. The CA, with the only judgment given by Lloyd Jones LJ, disagreed in part with Leggatt J.’

Full story

UK Human Rights Blog, 11th September 2016

Source: www.ukhumanrightsblog.com

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UK woman allowed to use dead daughter’s eggs in US – BBC News

Posted September 12th, 2016 in appeals, assisted reproduction, consent, grandparents, news by sally

‘A woman wanting to use her dead daughter’s frozen eggs to give birth to her own grandchild is being allowed to export them to the US for treatment.’

Full story

BBC News, 9th September 2016

Source: www.bbc.co.uk

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Countess of Caledon ordered to pay legal costs over ‘ill-founded’ claims life coach ‘poisoned’ daughter’s mind – Daily Telegraph

Posted September 12th, 2016 in appeals, costs, disclosure, families, harassment, mental health, news, police by sally

‘A senior judge has said that claims by a countess that a personal development coach “poisoned” her daughter’s mind against her family are “ill-founded”.’

Full story

Daily Telegraph, 10th September 2016

Source: www.telegraph.co.uk

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Evesham child sex offender faces 5 year prison term after originally being sentenced to community order – Attorney General’s Office

Posted September 9th, 2016 in appeals, attorney general, child abuse, press releases, sentencing, sexual offences by tracey

‘The Court of Appeal today increased the sentence of Evesham child sex offender Daniel Mills after an intervention by Attorney General Jeremy Wright QC MP.’

Full press release

Attorney General’s Office, 8th September 2016

Source: www.gov.uk/ago

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Bar ethics chiefs issue advice and warning to criminal bar – The Bar Council

Posted September 8th, 2016 in appeals, barristers, crime, press releases by tracey

‘Barristers who were not trial counsel, but who are instructed to represent convicted defendants in the Criminal Division of the Court of Appeal have been given new guidance by the Bar Council’s Ethics Committee on their duty to check the factual basis for the appeal or risk criticism and action by the court.’

Full press release

The Bar Council, 7th September 2016

Source: www.barcouncil.org.uk

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Ameen Jogee convicted in retrial after successful joint enterprise appeal – BBC News

Posted September 6th, 2016 in appeals, homicide, joint enterprise, news, retrials by sally

‘A man whose murder conviction was quashed by the Supreme Court in a landmark ruling on joint enterprise has been convicted of manslaughter.’

Full story

BBC News, 5th September 2016

Source: www.bbc.co.uk

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Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Privacy at all costs? – New Law Journal

Posted September 1st, 2016 in appeals, costs, financial provision, media, news, privacy, public interest, Supreme Court by sally

‘Wyatt v Vince illustrates the growing trend towards openness of family proceedings, says Sarah Hughes.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Supreme Court refuses to hear appeal over transport to regeneration site – Local Government Lawyer

Posted August 31st, 2016 in appeals, government departments, news, railways, Supreme Court, transport by sally

‘The Supreme Court has refused to give the London Borough of Enfield permission to appeal in a dispute with the Government over the number of trains stopping near a major regeneration scheme.’

Full story

Local Government Lawyer, 31st August 2016

Source: www.localgovernmentlawyer.co.uk

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Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Posted August 31st, 2016 in appeals, costs, defamation, fees, insurance, media, news, Supreme Court by sally

‘The Supreme Court is to return to the issue of recoverability after granting permission to appeal in a case leapfrogged from the High Court about costs in defamation.’

Full story

Litigation Futures, 30th August 2016

Source: www.litigationfutures.com

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