“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”
The Guardian, 12th June 2013
Source: www.guardian.co.uk
Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian
Comments Off
Choirmaster loses appeal against sentence for child sex offences – The Guardian
“A choirmaster jailed for six years for indecently assaulting a former pupil has lost a challenge against the length of his sentence.”
The Guardian, 12th June 2013
Source: www.guardian.co.uk
Comments Off
Appeal court cuts jail term for woman who aborted baby at 40 weeks – The Guardian
“A woman jailed for eight years after aborting her unborn baby within a week of her due date has had her sentence reduced to three and a half years.”
The Guardian, 12th June 2013
Source: www.guardian.co.uk
Comments Off
Hay and others v Gilgrove Ltd and another – WLR Daily
Hay and others v Gilgrove Ltd and another [2013] EWCA Civ 412; [2013] WLR (D) 220
“On the true construction of a collective agreement incorporated into the claimants’ contracts all who performed the role of a market porter, whether registered or unregistered, were entitled to share equally in ‘porterage’ charges made by the employer to customers for the movement of goods.”
WLR Daily, 26th April 2013
Source: www.iclr.co.uk
Comments Off
Calix v Attorney General of Trinidad and Tobago – WLR Daily
Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219
“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Comments Off
Warning: CPS keep victim appeals in house – Halsbury’s Law Exchange
“There is a new independent Assessor (Stephen Shaw) for non-legal complaints made about the Crown Prosecution Service (CPS) but not for the legal ones – how very odd! It was recently reported that victims of crime will be able to ‘win the right’ to appeal against decisions by the CPS not to charge suspects and there is a consultation which is open until the 5th of September 2013. It has a mnemonic ‘VRR’ which stands for a ‘Victim’s Right to Review’.”
Halsbury’s Law Exchange, 12th June 2013
Source: www.halsburyslawexchange.co.uk
Comments Off
Can an employer increase the sanction for misconduct on appeal? – UK Human Rights Blog
“The answer of the Court was that clear and express words in the contract would be required in order to confer a power to increase a sanction on an Appeal Panel.”
UK Human Rights Blog, 11th June 2013
Source: www.ukhumanrightsblog.com
Comments Off
Family’s ‘torture’ as they face losing home under anti-terror law – The Independent
“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”
The Independent, 12th June 2013
Source: www.independent.co.uk
Comments Off
Costs that fall within court-approved budget not necessarily proportionate, court suggests – OUT-LAW.com
“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”
OUT-LAW.com, 10th June 2013
Source: www.out-law.com
Comments Off
Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian
“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”
The Guardian, 10th June 2013
Source: www.guardian.co.uk
Comments Off
Court increases sentences for trio jailed for sexually assaulting unconscious teen – The Guardian
“Three men to serve five and a half years after appeal judges rule original sentence for assault on 18-year-old was too lenient.”
The Guardian, 7th June 2013
Source: www.guardian.co.uk
Comments Off
Appeal of artist paedophile Graham Ovenden’s ‘unduly lenient’ sentence mooted to Attorney General – The Independent
“The Attorney General is considering referring the sentence of an internationally renowned artist from Cornwall to the Court of Appeal to see if it was ‘unduly lenient’.”
The Independent, 6th June 2013
Source: www.independent.co.uk
Comments Off
Newbold and others v Coal Authority – WLR Daily
Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216
“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Comments Off
Regina v Hobson – WLR Daily
Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215
“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Comments Off
Regina v X Ltd – WLR Daily
Regina v X Ltd [2013] EWCA Crim 818; [2013] WLR (D) 212
“For the purposes of regulations protecting consumers from unfair trading, the term ‘commercial practices’ could cover isolated acts as well as repeated behaviour; it depended on the circumstances. The concept was concerned with systems rather than individual transactions.”
WLR Daily, 23rd May 2013
Source: www.iclr.co.uk
Comments Off
Carmarthenshire blogger told to pay £230,000 legal costs – BBC News
“A Carmarthenshire blogger fears losing her home after being told to pay a £230,000 legal bill for a failed bid to sue a council chief executive.”
BBC News, 5th June 2013
Source: www.bbc.co.uk
Comments Off
CA: costs are not reasonable just because court has approved budget – Litigation Futures
“Costs judges should not treat costs as reasonable or proportionate simply because they fall within the scope of the court-approved budget, the Court of Appeal has warned.”
Litigation Futures, 5th June 2013
Source: www.litigationfutures.com
Comments Off
“Fair play in action”: Court of Appeal considers the rules of natural justice – UK Human Rights Blog
“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”
UK Human Rights Blog, 5th June 2013
Source: www.ukhumanrightsblog.com
Comments Off
Motorway middle lane ‘hoggers’ and careless drivers to face on-the-spot £100 police fines – The Independent
“Drivers who hog the middle lane of the motorway or tailgate other drivers could face on-the-spot fines of £100 and three points on their licences under new measures announced by the government.”
The Independent, 5th June 2013
Source: www.independent.co.uk
Comments Off
Diplomat awarded £300,000 following accusations of inappropriate behaviour – Daily Telegraph
“A former diplomat has won £320,000 from the government after he was accused of behaving ‘inappropriately’ towards a senior politician’s wife.”
Daily Telegraph, 4th June 2013
Source: www.telegraph.co.uk
Comments Off
