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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Room for manoeuvre – Hardwicke Chambers

‘In R (on the application of MA & Ors) v The Secretary of State for Work and Pensions (Respondent) and The Equality and Human Rights Commission (Intervener) [2014] EWCA 13 the Court of Appeal has rejected appeals against the dismissal of claims for a judicial review of the so-called “bedroom tax”, bringing to an end – for the time being at least – months of speculation about the lawfulness of arguably the most controversial aspect of the Government’s welfare reform programme.’

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Hardwicke Chambers, 12th March 2014

Source: www.hardwicke.co.uk

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Supreme Court hands down judgment in Durkin v DSG Retail Limited and another – Henderson Chambers

‘On 26 March 2014 the Supreme Court handed down its decision in Durkin v DSG Retail Limited and another. The judgment in this long-running case addresses the issue of a consumer’s right, in the context of a debtor-creditor-supplier agreement, to rescind the credit agreement on lawful rescission of the sale agreement.’

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Henderson Chambers, 28th March 2014

Source: www.hendersonchambers.co.uk

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A second bite of the cherry: Can a claimant bring a fresh claim having failed to obtain relief from sanctions? – Hardwicke Chambers

‘In the brave new world created by the Court of Appeal decision in Mitchell v Newsgroup Newspapers Ltd [2013] EWCA Civ 1537, claimants whose claims have been struck out for failure to comply with a rule, practice direction or order are honing in on second actions as a way of bringing their litigation back to life. The threatened slew of professional negligence suits post-Mitchell could be avoided if lawyers subject to a Mitchell strike-out are able to placate their clients by simply re-issuing proceedings against the defendant.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Amending a statement of case after limitation period has ended – Hardwicke Chambers

‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Article 8 – A chink in the landlord’s armour? A look at Southend on Sea BC v Armour – Hardwicke Chambers

Posted April 8th, 2014 in appeals, ASBOs, housing, local government, news, repossession by sally

‘Mr Armour lived with his 14 year old daughter in a flat owned by Southend under an introductory tenancy. Mr Armour was accused of anti-social behaviour, including verbally abusing neighbours and contractors, and turning on the electricity when contractors were working causing one to suffer an electric shock.’

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Hardwicke Chambers, 13th March 2014

Source: www.hardwicke.co.uk

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Tobacco decision: the Court of Appeal emphasises finality – Competition Bulletin from Blackstone Chambers

Posted April 8th, 2014 in appeals, competition, news, price fixing, tribunals by sally

‘The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets Authority, the body that has now taken over the OFT’s functions.’

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Competition Bulletin from Blackstone Chambers, 8th April 2014

Source: www.competitionbulletin.com

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Director of the Serious Fraud Office v B – WLR Daily

Director of the Serious Fraud Office v B [2014] UKSC 23; [2014] WLR (D) 151

‘A person who had been extradited to the United Kingdom for trial on a criminal charge, and who prior to his extradition had been guilty of contempt of court by disobeying a court order, could be punished for the contempt notwithstanding that it was not the basis of his extradition.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

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Haining v Warrington Borough Council – WLR Daily

Haining v Warrington Borough Council [2014] EWCA Civ 398; [2014] WLR (D) 152

‘When assessing whether the school the parents preferred to be named in their child’s statement of special educational needs would incur “unreasonable public expenditure” within section 9 of the Education Act 1996, a local authority was to have regard to all public expenditure by a public body, not only the expenditure incurred by that authority in discharging its education functions.’

WLR Daily, 2nd April 2014

Source: www.iclr.co.uk

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Not adding up – NearlyLegal

Posted April 8th, 2014 in appeals, homelessness, housing, local government, news, rent by sally

‘As the number of people becoming homeless from private sector accommodation continues to rise, and as private sector accommodation is used for discharge of duty and temporary accommodation by Councils, the issue of affordability becomes more and more important. Both intentional homeless decisions and suitability decisions can rest on affordability.’

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NearlyLegal, 7th April 2014

Source: www.nearlylegal.co.uk

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Judges criticise police over ‘bizarre’ penis ID request – Daily Telegraph

‘Sex attacker Kelvyn Lester, 47, declined to take medication for erectile dysfunction so officers could photograph his penis for an identification procedure.’

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Daily Telegraph, 7th April 2014

Source: www.telegraph.co.uk

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Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) – Supreme Court

Cox (Appellant) v Ergo Versicherung AG (formerly known as Victoria) (Respondent) [2014] UKSC 22 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

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R v O’Brien (Appellant) – Supreme Court

R v O’Brien (Appellant) [2014] UKSC 23 (YouTube)

Supreme Court, 2nd April 2014

Source: www.youtube.com/user/UKSupremeCourt

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Call for QC reaccreditation as QASA challenge staggers on – Legal Futures

‘The possibility of introducing re-accreditation for QCs, meaning that silk would no longer be a permanent appointment, and a power to strip them of the rank in the event of misconduct, was floated last week.’

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Legal Futures, 7th April 2014

Source: www.legalfutures.co.uk

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Closure of Hartley’s Day Centre in Shrewsbury ‘unlawful’ – BBC News

‘A council’s decision to close a day centre without proper consultation was unlawful, judges have ruled.’

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BBC News, 4th April 2014

Source: www.bbc.co.uk

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Ramdeen v State of Trinidad and Tobago – WLR Daily

Ramdeen v State of Trinidad and Tobago: [2014] UKPC 7; [2014] WLR (D) 149

‘Once the Privy Council was seised of a death sentence case, whether by way of an appeal against conviction and/or an appeal against sentence, it had jurisdiction to deal with commutation of sentence, at least where the ground for commutation arose out of court procedures or decisions.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

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Student Yashika Bageerathi removed from UK as legal bid fails – BBC News

Posted April 3rd, 2014 in appeals, asylum, deportation, education, immigration, news by tracey

‘An A-Level student from north London has been removed from the country and is being flown back to Mauritius after a last ditch legal challenge failed.’

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BBC News, 2nd April 2014

Source: www.bbc.co.uk

 

 

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Ramdeen (Appellant) v The State (Respondent) – Judicial Committee of the Privy Council

Posted April 2nd, 2014 in appeals, death penalty, jurisdiction, law reports, murder, Privy Council by sally

Ramdeen (Appellant) v The State (Respondent) [2014] UKPC 7 (YouTube)

Supreme Court, 27th March 2014

Source: www.youtube.com/user/UKSupremeCourt

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