Extended terror sentences justified, appeal court rules – BBC News

Posted October 31st, 2014 in appeals, news, sentencing, terrorism by sally

‘Three men who challenged their extended sentences for preparing terrorism offences have lost their appeals.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Jamie Reynolds loses Georgia Williams murder sentence appeal – BBC News

Posted October 31st, 2014 in appeals, murder, news, sentencing by sally

‘A man who killed a girl by hanging her at his parents’ house has lost his appeal against his whole-life sentence.’

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BBC News, 31st October 2014

Source: www.bbc.co.uk

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Regina v Kerrigan; Regina v Walker (Nicholas) – WLR Daily

Posted October 31st, 2014 in appeals, attempts, imprisonment, law reports, release on licence, robbery by sally

Regina v Kerrigan; Regina v Walker (Nicholas) [2014] WLR (D) 450

‘There was no automatic deduction for time spent in custody by a defendant who, following arrest, was recalled to prison, on revocation of licence, to continue serving a previous sentence.’

WLR Daily, 28th October 2014

Source: www.iclr.co.uk

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Joanne Dennehy accomplice Gary Stretch in sentence appeal – BBC News

Posted October 31st, 2014 in accomplices, appeals, attempts, murder, news, sentencing by sally

‘A man jailed alongside “sadistic” triple killer Joanne Dennehy is to appeal against the length of his sentence.’

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BBC News, 30th October 2014

Source: www.bbc.co.uk

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Abdel Hakim Belhaj wins right to day in court over his kidnap by MI6 and CIA – The Guardian

Posted October 30th, 2014 in appeals, intelligence services, kidnapping, Libya, news, rendition, torture, trials by sally

‘A Libyan exile who was abducted in a joint MI6-CIA operation has won the right to bring his claim against the government to court.’

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The Guardian, 30th October 2014

Source: www.guardian.co.uk

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Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com

Posted October 30th, 2014 in appeals, damages, injunctions, medicines, news, patents, proceeds of crime, Supreme Court by sally

‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’

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OUT-LAW.com, 30th October 2014

Source: www.out-law.com

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Good Things Come to Those Who (Have Inherent) Weight – Panopticon

Posted October 30th, 2014 in appeals, disclosure, freedom of information, news, public interest, tribunals by sally

‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’

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Panopticon, 29th October 2014

Source: www.panopticonblog.com

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Consultation duty gets to the Supreme Court – UK Human Rights Blog

Posted October 30th, 2014 in appeals, consultations, local government, news, Supreme Court, taxation by sally

‘Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation?’

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UK Human Rights Blog, 29th October 2014

Source: www.ukhumanrightsblog.com

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Badger cull protesters lose legal battle – Daily Telegraph

Posted October 30th, 2014 in agriculture, animals, appeals, environmental health, news, pilot schemes by sally

‘Court of Appeal judges dismiss campaigners’ claim Government acting unlawfully by allowing latest badger culls to go ahead without monitoring by independent expert panel.’

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Daily Telegraph, 29th October 2014

Source: www.telegraph.co.uk

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Voyeur teacher Gareth Williams has jail term cut – BBC News

Posted October 29th, 2014 in appeals, news, sentencing, teachers, video recordings, voyeurism by sally

‘A Cardiff deputy head teacher who secretly filmed pupils going to the toilet has had his “manifestly excessive” five-year jail term cut to four by the Court of Appeal.’

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BBC News, 28th October 2014

Source: www.bbc.co.uk

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Single mother-of-five made homeless by benefits cap turns to Supreme Court over Westminster Council’s attempts at ‘social cleansing’ – The Independent

Posted October 29th, 2014 in appeals, benefits, families, homelessness, housing, news, Supreme Court by sally

‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’

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The Independent, 29th October 2014

Source: www.independent.co.uk

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Chris Huhne loses legal costs appeal – The Guardian

Posted October 29th, 2014 in appeals, costs, news, perverting the course of justice, road traffic offences by sally

‘Former cabinet minister Chris Huhne has lost a challenge against an order that he must pay £77,750 costs from his prosecution for passing speeding points to his ex-wife.’

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The Guardian, 28th October 2014

Source: www.guardian.co.uk

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Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 28th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWCA Civ 1386; [2014] WLR (D) 448

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’

WLR Daily, 24th October 2014

Source: www.iclr.co.uk

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Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily

Posted October 28th, 2014 in appeals, bills, charterparties, contracts, law reports, shipping law by sally

Caresse Navigation Ltd v Office National de l’Electricité and others [2014] EWCA Civ 1366; [2014] WLR (D) 444

‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

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Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily

Posted October 28th, 2014 in appeals, fraud, land registration, law reports, mortgages, Supreme Court by sally

Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) [2014] UKSC 52; [2014] WLR (D) 447

‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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In re T (Children) (Revocation of Placement Order: Change in Circumstances) – WLR Daily

Posted October 28th, 2014 in adoption, appeals, law reports, placement orders by sally

In re T (Children) (Revocation of Placement Order: Change in Circumstances) [2014] EWCA Civ 1369; [2014] WLR (D) 445

‘A “change of circumstances” for the purposes of an application for permission to apply to revoke a placement order under section 24 of the Adoption and Children Act 2002 had to be a change which had occurred since the making of the placement order and whichwas relevant to the circumstances of the case. It would be unacceptable to exclude any change in circumstances to the children who were the subject of the orders.’

WLR Daily, 21st October 2014

Source: www.iclr.co.uk

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Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) – WLR Daily

Posted October 28th, 2014 in appeals, Guernsey, human rights, law reports, orders in council, Sark, Supreme Court by sally

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) (Attorney General of Jersey and another intervening) [2014] UKSC 54; [2014] WLR (D) 446

‘Although the courts of the United Kingdom had jurisdiction judicially to review an Order in Council made on the advice of the Government of the United Kingdom acting in whole or in part in the interests of the United Kingdom, there were circumstances in which the court should nevertheless decline to entertain a claim for judicial review. The Queen’s Bench Divisional Court ought to have declined to entertain a human rights-compatibility challenge to legislation enacted in respect of the Island of Sark— a Crown dependency which was part of the Bailiwick of Guernsey but not of the United Kingdom— since it ought properly to have been brought before the bailiwick courts for determination under the island’s own human rights legislation.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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K v Kingswood Centre and another – WLR Daily

Posted October 28th, 2014 in appeals, detention, habeas corpus, hospital orders, law reports, mental health by sally

K v Kingswood Centre and another [2014] EWCA Civ 1332; [2014] WLR (D) 443

‘The notice period of a discharge order made for the purposes of section 25 of the Mental Health Act 1983 and served in accordance with regulation 3(3)(b)(i) of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 started to run from the time when it was received by the officer authorised by the hospital managers and not from the time when it was received at the hospital’s fax machine.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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