Case Comment: R (Bashir & Ors) v Secretary of State for the Home Department [2018] UKSC 45 Part One – UKSC Blog

‘In a complex interim judgment dealing with threshold issues, the Supreme Court has asad-khanheld that both the Refugee Convention 1951 and the 1967 Protocol extend to the UK’s Sovereign Base Areas (SBAs) of Akrotiri and Dhekelia. Britain occupied Cyprus between 1878 and 1960. Secretive deal making with the Ottoman Empire led the British Empire to forge an alliance with the Turks to protect them from Russia. The British initially occupied and administered Cyprus and ultimately annexed it upon the outbreak of the First World War when the British and the Turks found themselves fighting on opposite sides. Turkey recognised the annexation in the Treaty of Lausanne 1923 and that status continued until the settlement between the UK, Greece and Turkey in 1960 when Cyprus became a republic. Like Britain’s other Mediterranean possessions the island was of military and strategic importance rather than economic value. Upon independence in 1960, the UK retained sovereignty over the SBAs to accommodate military bases which are now the only notable British strategic assets in the eastern Mediterranean. These proceedings threw up a number of issues including the respondents’ entitlement to resettlement in the UK under the Convention, the validity of the UK-Cyprus Memorandum of Understanding of 2003 on illegal migrants and asylum seekers, and whether the UK is in principle entitled to discharge its obligations under the Convention by arranging for support to be provided by Cyprus?’

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UKSC Blog, 24th August 2018

Source: ukscblog.com

Two thirds of appeals succeed where councillors go against officer recommendation – Local Government Lawyer

Posted August 29th, 2018 in appeals, local government, news, planning by sally

‘Two thirds (65%) of appeals are allowed in cases where councillors refuse planning permission for a 50-plus residential unit scheme despite a planning officer’s recommendation for approval, research by planning consultancy Lichfields has suggested.’

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Local Government Lawyer, 23rd August 2018

Source: www.localgovernmentlawyer.co.uk

Medical watchdog chief faces calls to step down over Bawa-Garba case – The Guardian

Posted August 28th, 2018 in appeals, disciplinary procedures, disqualification, doctors, news, tribunals by sally

‘Hospital doctors are calling for the head of Britain’s medical regulator to stand down over his handling of the case of a paediatrician who was struck off following the death of a six-year-old boy.’

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The Guardian, 28th August 2018

Source: www.theguardian.com

Claimant who exaggerated impact of genuine injury found fundamentally dishonest – Litigation Futures

Posted August 21st, 2018 in appeals, damages, fundamental dishonesty, news, personal injuries by sally

‘A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest.’

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Litigation Futures, 20th August 2018

Source: www.litigationfutures.com

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?’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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 sally

‘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.’

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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 sally

‘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.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

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

‘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.’

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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.’

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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.’

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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.’

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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.’

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The Guardian, 30th July 2018

Source: www.theguardian.com