Drug-driving cases dropped over forensics – BBC News

‘Around 50 drug-driving prosecutions have been dropped because original test results may have been “manipulated”.’

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BBC News, 21st November 2017

Source: www.bbc.co.uk

Tagging requirements in SOPOs are lawful – UK Police Law Blog

‘In R (on the application of Richards) v Chief Constable of Cleveland Police (UKSC 2017/0090) the Supreme Court has refused permission to appeal against the imposition of a tagging requirement in a Sexual Offences Prevention Order (“SOPO”). The undisturbed judgment of the Court of Appeal in R (on the application of Richards) v Teesside Magistrates’ Court [2015] EWCA Civ 7; [2015] 1 WLR 1695 endorses (and perhaps extends) the purpose and effect of imposing qualified restrictions on sex offenders.’

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UK Police Law Blog, 19th November 2017

Source: ukpolicelawblog.com

Rolf Harris indecent assault conviction overturned – BBC News

Posted November 16th, 2017 in appeals, news, sexual offences by tracey

‘Former entertainer Rolf Harris has had one of 12 indecent assault convictions overturned by the Court of Appeal.’

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BBC News, 16th November 2017

Source: www.bbc.co.uk

Court hears transgender woman’s appeal over access to her Jewish children – The Guardian

Posted November 16th, 2017 in appeals, children, contact orders, Judaism, news, transsexuals by tracey

‘A parent who left a tight-knit ultra-Orthodox Jewish community to embark on a new life as a woman has taken her battle to be allowed access to her five children to the court of appeal.’

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The Guardian, 15th November 2017

Source: www.theguardian.com

Police cannot charge for football match-day policing on public land – UK Police Law Blog

Posted November 14th, 2017 in appeals, commons, fees, news, police by tracey

‘Can the police charge a football club for match day policing on public land immediately outside a stadium, where that land is largely under the control of the club? No, the Court of Appeal re-affirmed in Ipswich Town Football Club v Chief Constable of Suffolk [2017] EWCA Civ 1484.’

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UK Police Law Blog, 13th November 2017

Source: ukpolicelawblog.com

Judges reject challenge over adoption and special guardianship for half-brothers – Local Government Lawyer

Posted November 14th, 2017 in adoption, appeals, families, guardianship, news by tracey

‘The Court of Appeal has dismissed a case brought against Wirral Metropolitan Borough Council over whether a child should be adopted when his older half-brothers, who lived with the same couple, were to be the subject of a special guardianship order.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

Treat Insolvency Rules as ‘a complete code’ for payment of statutory interest, rules Court of Appeal – OUT-LAW.com

‘The Court of Appeal has determined the extent of creditors’ entitlements to statutory interest on their debts and the correct approach for calculating their entitlement. It has ruled on the entitlement of representative creditors of Lehman Brothers International (Europe) (LBIE) to the surplus funds and on the calculation of the statutory interest due to them.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Man who planned to detonate pipe bomb on a plane has had his sentence increased – Attorney General’s Office

Posted November 10th, 2017 in aircraft, appeals, explosives, news, sentencing by tracey

‘Manchester man who planned to detonate pipe bomb on a plane has had his sentence increased by 4 years.’

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Attorney General's Office, 9th November 2017

Source: www.gov.uk

Dragon’s Den contestant jailed for child sex offences has term increased – Attorney General’s Office

‘A former Dragon’s Den contestant, jailed for 13 child sex offences, including sexual assault has had his jail sentence increased to 7 years 3 months.’

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Attorney General's Office , 9th November 2017

Source: www.gov.uk

Peanut curry death: Mohammed Zaman fails in appeal bid – BBC News

Posted November 9th, 2017 in allergies, appeals, food, negligence, news, sentencing by tracey

‘A restaurant owner who was jailed after a customer died from an allergic reaction to a curry has failed in a bid to have his conviction overturned.’

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BBC News, 9th November 2017

Source: www.bbc.co.uk

Finance and Divorce Update, November 2017 – Family Law Week

Posted November 9th, 2017 in appeals, divorce, financial provision, news by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during October 2017.’

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Family Law Week, 8th November 2017

Source: www.familylawweek.co.uk

Rolf Harris challenges indecent assault convictions – BBC News

Posted November 9th, 2017 in appeals, news, retrials, sexual offences by tracey

‘Former entertainer Rolf Harris has renewed his application to have his convictions for indecent assault quashed at the Court of Appeal. His lawyers said there was overwhelming evidence to show he wasn’t in an area where one of the alleged indecent assaults took place.’

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BBC News, 8th November 2017

Source: www.bbc.co.uk

The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

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Sports Law Bulletin from Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Appeal court orders proportionality test case revisit – Law Society’s Gazette

Posted November 8th, 2017 in appeals, civil procedure rules, costs, interpretation, judges, news, proportionality by tracey

‘The Court of Appeal has asked a costs judge to look again at the application of proportionality after ruling the new test was incorrectly applied. In the long-awaited appeal in BNM v MGN, master of the rolls Sir Terence Etherton held that senior costs judge Gordon-Saker had been wrong in principle to subject recoverable base cost and additional liabilities to the new proportionality rule.’

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Law Society's Gazette, 7th November 2017

Source: www.lawgazette.co.uk

Ministry of Justice abandons court battle on prisoners’ legal aid – The Guardian

Posted November 8th, 2017 in appeals, legal aid, Ministry of Justice, news, prisons by tracey

‘Legal aid for prisoners will be restored for three key categories of claims after the Ministry of Justice abruptly abandoned what was expected to become a supreme court battle.’

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The Guardian, 7th November 2017

Source: www.theguardian.com

Regulators can be taken to employment tribunals, Supreme Court rules – Law Society’s Gazette

‘Solicitors claiming wrongful dismissal can potentially hold the Solicitors Regulation Authority to account in the employment tribunal following a Supreme Court judgment which clarifies rules on bringing complaints against qualifications bodies. The long-running case Michalak v General Medical Council and others centred on a discrimination complaint brought against the medical regulator by Dr Ewa Michalak. The SRA intervened in support of the GMC.’

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Law Society's Gazette, 3rd November 2017

Source: www.lawgazette.co.uk

Judicial review appeal fails in UK diverted profits tax case – OUT-LAW.com

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

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OUT-LAW.com, 3rd November 2017

Source: www.out-law.com

High Court judge rejects appeal by council over dismissal of possession claim – Local Government Lawyer

Posted November 3rd, 2017 in appeals, news, repossession by tracey

‘An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.’

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Local Government Lawyer, 1st November 2017

Source: localgovernmentlawyer.co.uk

Council loses appeal over after-care services and personal injury damages – Local Government Lawyer

Posted November 3rd, 2017 in appeals, community care, local government, mental health, news by tracey

‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’

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Local Government Lawyer, 3rd November 2017

Source: localgovernmentlawyer.co.uk

Gosh! Where has Ghosh gone? – White Collar Crime Blog

Posted November 2nd, 2017 in appeals, jury directions, misrepresentation, news, Supreme Court by tracey

‘Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67 On appeal from [2016] EWCA Civ 1093. The Supreme Court has today unanimously declared that the second stage of the Ghosh test of dishonesty does not correctly represent the law, and that directions based upon it ought no longer to be given by judges to juries.’

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White Collar Crime Blog, 28th October 2017

Source: www.2harecourt.com