Case Comment: R (Black) v Secretary of State for Justice [2017] UKSC 81 – UKSC Blog

‘Is the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chapter 1 of Part 1 of the Health Act 2006?’

Full Story

UKSC Blog, 15th August 2018

Source: ukscblog.com

Court of Appeal awards security for costs against Russian national – OUT-LAW.com

Posted August 16th, 2018 in appeals, costs, enforcement, news by sally

‘The Court of Appeal has ordered a Russian national to provide full security for the legal costs of a former business partner.’

Full Story

OUT-LAW.com, 15th August 2018

Source: www.out-law.com

Sir Cliff Richard privacy case: BBC will not go to Court of Appeal – BBC News

Posted August 16th, 2018 in appeals, BBC, freedom of expression, media, news, public interest by sally

‘The BBC will not challenge a ruling over its coverage of a police raid at Sir Cliff Richard’s home in 2014 at the Court of Appeal.’

Full Story

BBC News, 15th August 2018

Source: www.bbc.co.uk

Court of appeal to rule on struck-off doctor Hadiza Bawa-Garba – The Guardian

Posted August 14th, 2018 in appeals, disciplinary procedures, doctors, mistake, negligence, news by sally

‘The court of appeal is due to rule on whether a doctor who made errors that contributed to the death of a boy can remain in the profession.’

Full Story

The Guardian, 13th August 2018

Source: www.theguardian.com

Royal Mail fined record £50m by Ofcom – BBC News

Posted August 14th, 2018 in appeals, competition, fines, news, postal service by sally

‘The fine is for its actions in 2014 when Whistl, which was then known as TNT, was trying to become its first competitor in wholesale mail delivery.’

Full Story

BBC News, 14th August 2018

Source: www.bbc.co.uk

Appeal restores restrictions on non-parties’ access to trial documents – OUT-LAW.com

Posted August 14th, 2018 in appeals, civil procedure rules, documents, news, trials by sally

‘Access to trial documents by those that are not parties to a particular case is limited to ‘records of the court’, and does not include the likes of trial bundles nor, in general, other trial documents, the Court of Appeal has confirmed.’

Full Story

OUT-LAW.com, 13th August 2018

Source: www.out-law.com

Proper practice on seeking permission to appeal (Lisle-Mainwaring v Associated Newspapers Ltd) – Hardwicke Chambers

Posted August 9th, 2018 in appeals, disclosure, harassment, news by sally

‘What is the proper procedure when submitting an application for permission to appeal? Phillip Patterson, a barrister at Hardwicke Chambers, considers the Court of Appeal’s judgment in Lisle-Mainwaring v Associated Newspapers Ltd and explains why any informal attempt to seek permission to appeal from the lower court is invalid.’

Full Story

Hardwicke Chambers, 30th July 2018

Source: www.hardwicke.co.uk

Not NPPF2: A case about prior approval applications and appeals – No. 5 Chambers

Posted August 7th, 2018 in appeals, delay, news, planning, telecommunications by sally

‘As Parliament rises for the summer recess it leaves us with a revised Framework and a call for evidence on the appeals system. As a diversion from the commentary on the former, and of some relevance to the later, this note looks at a case on prior approval for PD.’

Full Story

No. 5 Chambers, 26th July 2018

Source: www.no5.com

Slight fall in number of sentences revised up in 2017 after complaints – The Guardian

Posted August 6th, 2018 in appeals, attorney general, news, sentencing, statistics by sally

‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’

Full Story

The Guardian, 6th August 2018

Source: www.theguardian.com

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

Full Story

Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

Former HSBC banker wins appeal against extradition to US – The Guardian

Posted August 3rd, 2018 in appeals, banking, extradition, fraud, news by tracey

‘HSBC’s former head of currency trading has won a last-ditch battle to block his extradition to the US, where he faces 11 charges of foreign exchange rigging which each carry a maximum 30-year prison sentence.’

Full Story

The Guardian, 31st July 2018

Source: www.theguardian.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

Full Story

UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

Full Story

The Guardian, 1st August 2018

Source: www.theguardian.com

Tommy Robinson bailed after Court of Appeal win – BBC News

Posted August 1st, 2018 in appeals, bail, contempt of court, news by sally

‘Far-right activist Tommy Robinson has been bailed after winning an appeal against a finding of contempt of court.’

Full Story

BBC News, 1st August 2018

Source: www.bbc.co.uk

Judge takes over father’s cross-examination in case involving rape allegations – and it ends up being unfair on everyone involved – Transparency Project

Posted July 31st, 2018 in appeals, cross-examination, judges, litigants in person, news, rape, witnesses by sally

‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’

Full Story

Transparency Project, 30th July 2018

Source: www.transparencyproject.org.uk

Court allows police to reveal acquittals during record checks – The Guardian

Posted July 31st, 2018 in appeals, criminal records, employment, news, police, Supreme Court by sally

‘Police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, the supreme court has ruled.’

Full Story

The Guardian, 30th July 2018

Source: www.theguardian.com

Nuisance by Knotweed – Jeremy Hyam QC – UK Human Rights Blog

Posted July 26th, 2018 in agriculture, appeals, human rights, news, nuisance by sally

‘Hancock’s curse, monkey fungus, elephant ears, pea shooters, donkey rhubarb are all (bizarre) English names for Fallopia japonica or Japanese knotweed. Although initially lauded for its beauty (it was so celebrated that in 1847 it was named by one Horticultural society as the ‘most interesting new ornamental plant of the year’) it is now well known as a fast growing and pernicious weed that is very difficult to eradicate. This is because it has a large underground network of roots (rhizomes). So bad is its destructive nature that since 2013 a seller of property is required to state whether Japanese knotweed is present on their property through a TA6 form – the property information form used for conveyancing.’

Full Story

UK Human Rights Blog, 25th July 2018

Source: ukhumanrightsblog.com

Tini Owens loses Supreme Court divorce fight – BBC News

Posted July 25th, 2018 in appeals, consent, divorce, news, Supreme Court by tracey

‘A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by tracey

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

Full Story

Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

Full Story

Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk