Hopkins Developments Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted April 17th, 2014 in appeals, construction industry, inquiries, news, planning by tracey

Hopkins Developments Ltd v Secretary of State for Communities and Local Government: [2014] EWCA Civ 470;   [2014] WLR (D)  170

‘Guidance as to how the principles of natural justice operated in the context of a planning inquiry under the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk

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Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

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UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

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Callum Wilson murder: Mum Emma Wilson sentence increased – BBC News

‘A mother convicted of beating her 11-month-old son to death has had her “unduly lenient” sentence increased.’

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BBC News, 15th April 2014

Source: www.bbc.co.uk

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Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

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Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

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No implied copyright licence following takeover, rules Court of Appeal – OUT-LAW.com

Posted April 15th, 2014 in appeals, computer programs, copyright, documents, forgery, licensing, news by tracey

‘A businessman who forged a document and lied about its authenticity has won a legal battle against a major financial institution over copyright.’

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OUT-LAW.com, 15th April 2014

Source: www.out-law.com

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Passive smoking in prison not a breach of human rights – Court of Appeal – UK Human Rights Blog

Posted April 15th, 2014 in appeals, detention, human rights, news, prisons, smoking by tracey

‘Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd [2014] EWCA Civ 380. This case raises the question of whether it is a breach of a non-smoking prisoner’s Convention right to respect for his private life and to equality of access to such rights (ECHR Articles 8 and 14) to compel him to share a cell with a smoker.’

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UK Human Rights Blog, 14th April 2014

Source: www.ukhumanrightsblog.com

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Police officer sacked over Twitter account which called force bosses ‘scum’ – Daily Telegraph

Posted April 15th, 2014 in appeals, disciplinary procedures, internet, news, police, professional conduct by tracey

‘A police officer who allegedly sent more than 800 tweets criticising his force and called bosses “lower than slime” has been sacked. Tony Ryan, 33, was found to be the face behind @TheBritishCop – a Twitter account which claimed senior figures within Avon and Somerset Police treated “hard-working staff like garbage”.’

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Daily Telegraph, 14th April 2014

Source: www.telegraph.co.uk

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JA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

Posted April 14th, 2014 in appeals, asylum, evidence, immigration, law reports, tribunals by sally

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450; [2014] WLR (D) 163

‘Although a tribunal adjudicating on an asylum appeal did not have power, in the absence of express statutory provision, to exclude relevant evidence in the form of records of the asylum applicant’s interviews, it was required by the common law principle of fairness to consider with care how much weight should be attached to such evidence, having regard to the circumstances in which it came into existence, and the extent to which reliance could properly be placed on the applicant’s answers.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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Non-Appealing Cartelists Beware – Competition Bulletin from Blackstone Chambers

Posted April 14th, 2014 in appeals, competition, damages, news, Supreme Court, time limits by sally

‘Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions.’

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Competition Bulletin from Blackstone Chambers, 13th April 2014

Source: www.competitionbulletin.com

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Chagossians update – UK Human Rights Blog

‘The appeal is against the decision of the Divisional Court in Bancoult v. FCO (read judgment and see my post here). Mr Bancoult had said that the decision to create the MPA was flawed by having an improper purpose (to stymie the Chagossians’ claims for resettlement), by inadequate consultation, and being a breach of an EU obligation to promote the economic and social development of the islands. The Court ruled against all these claims.’

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UK Human Rights Blog, 11th April 2014

Source: www.ukhumanrightsblog.com

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Early Compliance – NearlyLegal

Posted April 14th, 2014 in appeals, deposits, judicial review, landlord & tenant, news, repossession by sally

‘This is a slightly surprising case involving a judicial review of refusal of permission to appeal.’

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NearlyLegal, 11th April 2014

Source: www.nearlylegal.co.uk

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CoA dismisses silk VAT appeal but criticises judge’s handling of the case – The Lawyer

Posted April 11th, 2014 in appeals, barristers, judges, news, tax evasion, VAT by sally

‘A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.’

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The Lawyer, 10th April 2014

Source: www.thelawyer.com

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Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

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In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

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Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Marine Al Blackman appeals against conviction for killing Afghan – BBC News

Posted April 10th, 2014 in appeals, armed forces, courts martial, murder, news, sentencing by sally

‘A Royal Marine jailed for life for murdering an injured Taliban insurgent in Helmand in 2011 is appealing against his conviction and sentence.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

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Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

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NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

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Omar Benguit appeal fails as murder conviction upheld – BBC News

Posted April 10th, 2014 in appeals, miscarriage of justice, murder, news by sally

‘A man jailed for murdering a Korean student has had his conviction upheld, despite claiming a convicted serial killer could have been the culprit.’

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BBC News, 9th April 2014

Source: www.bbc.co.uk

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Lee Rigby killer Michael Adebolajo appeals against whole-life sentence – The Guardian

Posted April 9th, 2014 in appeals, armed forces, murder, news, sentencing by sally

‘One of the two murderers of soldier Lee Rigby has launched an appeal against his whole-life prison term, the Judicial Office has confirmed.’

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The Guardian, 8th April 2014

Source: www.guardian.co.uk

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Duggan inquest: family win right to challenge coroner’s direction to jury – The Guardian

Posted April 8th, 2014 in appeals, coroners, inquests, news, unlawful killing by sally

‘The family of Mark Duggan whose shooting by the Metropolitan police sparked riots across the country in 2011 have won the right to challenge a coroner’s directions to the jury that concluded the officer’s actions were lawful.’

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The Guardian, 8th April 2014

Source: www.guardian.co.uk

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