appeals – Page 184 – Current Awareness

Heterosexual Civil Partnership Refusal Not A Human Rights Breach – UK Human Rights Blog

Posted February 1st, 2016 in appeals, civil partnerships, equality, families, homosexuality, human rights, marriage, news, proportionality by sally

‘Steinfeld & Anor v The Secretary of State for Education [2016] EWHC 128 (Admin). The High Court has ruled in the case of Steinfeld and Keidan v Secretary of State for Education, a human rights challenge to the law of Civil Partnerships. Mrs Justice Andrews ruled that the current law does not breach the human rights of opposite-sex couples who cannot obtain a Civil Partnership.’

UK Human Rights Blog, 31st January 2016

Source: www.ukhumanrightsblog.com

PJV v Director of Adult Social Care Newcastle City Council and another – WLR Daily

Posted February 1st, 2016 in appeals, compensation, Court of Protection, criminal injuries compensation, law reports, trusts by sally

PJV v Director of Adult Social Care Newcastle City Council and another: [2015] EWCOP 87; [2015] WLR (D) 560

‘There was no need for an application to the Court of Protection to finalise an award to an incapacitated person that the Criminal Injuries Compensation Authority decided should be held on trust, since a deputy appointed by the Court of Protection could be authorised to negotiate and finalise the terms of such an award.’

WLR Daily, 18th December 2016

Source: www.iclr.co.uk

Appeal judges rule against legal aid in actions against police in ‘blow for civil liberties’ – Legal Voice

Posted January 29th, 2016 in appeals, false imprisonment, legal aid, news, police by sally

‘In a ruling that has been described as “a blow for civil liberties”, appeal judges have effectively limited legally aided claims against the police to situations where claimants can show there was dishonesty.’

Legal Voice, 27th January 2016

Source: www.legalvoice.org.uk

Court of Appeal slashes award in law firm sale dispute – Legal Futures

Posted January 29th, 2016 in appeals, contracts, damages, economic loss, law firms, misrepresentation, news by sally

‘The Court of Appeal has reduced by almost two-thirds the balance awarded to the seller of a law firm by the High Court, after ruling that – among other things – the trial judge had been wrong not to award the buyer damages for misrepresentation of the firm’s finances.’

Legal Futures, 29th January 2016

Source: wwww.legalfutures.co.uk

Paroled murderer wins fight to remain anonymous – The Guardian

Posted January 27th, 2016 in anonymity, appeals, mental health, murder, news, parole, Supreme Court by sally

‘A convicted murderer, recently released from a psychiatric hospital, has won his supreme court battle to keep his identity secret.’

The Guardian, 27th January 2016

Source: www.guardian.co.uk

Appeal court rules bedroom tax discriminatory in two cases – The Guardian

Posted January 27th, 2016 in appeals, benefits, disability discrimination, domestic violence, housing, judicial review, news by sally

‘A victim of domestic violence and the grandparents of a severely disabled teenager have won court of appeal challenges over the lawfulness of the bedroom tax.’

The Guardian, 27th January 2016

Source: www.guardian.co.uk

Something to Declare – Nearly Legal

Posted January 27th, 2016 in appeals, housing, local government, news, tribunals by sally

‘The power for a local authority to make an HMO declaration under s255, Housing Act 2004 is not commonly used. This power arises where a property appears to be an HMO in all respects save that it is not being used solely as an HMO. In that case the property will not fulfil the tests for an HMO under s254 of the Act but can be declared to be an HMO by the local authority of they reasonably believe that the property has “significant use” as an HMO. The declaration as an HMO can be appealed to the FTT (and from there to the UT) and that appeal operated by way of a re-hearing of that decision.’

Nearly Legal, 27th January 2016

Source: www.nearlylegal.co.uk

Justice demands court records are kept – The Independent

Posted January 26th, 2016 in appeals, archives, courts, documents, news by sally

‘Open and accountable justice requires records to be kept. Those who believe they are the victim of a miscarriage of justice need to know what was said at their trial if they are to show that they have been wrongly convicted. It seems extraordinary, therefore, that official guidelines require the destruction of the recordings of court cases after seven years. ‘

The Independent, 24th January 2016

Source: www.independent.co.uk

Bisexual asylum seeker wins Home Office fight to remain in UK – The Guardian

Posted January 25th, 2016 in appeals, asylum, homosexuality, news, sexual orientation discrimination by sally

‘A bisexual asylum seeker who said he feared he would be killed if he was deported to his native Jamaica has been granted the right to remain in the UK after a three-and-a-half-year legal battle with the Home Office.’

The Guardian, 23rd January 2016

Source: www.guardian.co.uk

Whistleblower judge: austerity policies have made courts dangerous – The Guardian

Posted January 25th, 2016 in appeals, budgets, care orders, complaints, disability discrimination, domestic violence, drug offences, employment tribunals, health & safety, judiciary, legal aid, miscarriage of justice, news, weapons, whistleblowers by sally

‘A district judge who is suing the Ministry of Justice after whistleblowing her complaints about courtroom dangers – death threats, violent claimants and hostage-taking – has spoken out for the first time about her experience of an under-resourced justice system.’

The Guardian, 23rd January 2016

Source: www.guardian.co.uk

Pervert teaching assistant Martyn Minter takes case to European Court of Human Rights – Daily Telegraph

Posted January 25th, 2016 in appeals, child abuse, human rights, indecent photographs of children, news, privacy, school children, sexual offences, video recordings by sally

‘The sports coach – jailed for 18 months after filming young boys in changing rooms – launches human rights case over sex offender register ruling.’

Daily Telegraph, 23rd January 2016

Source: www.telegraph.co.uk

Paedophile killer Sarah Sands’ sentence extended – BBC News

Posted January 25th, 2016 in appeals, child abuse, complaints, homicide, news, sentencing by sally

‘A woman who stabbed a paedophile to death in east London has had her three-and-a-half-year jail sentence more than doubled.’

BBC News, 22nd January 2016

Source: www.bbc.co.uk

Stop Powers under the Terrorism Act 2000 incompatible with Article 10 – UK Human Rights Blog

Posted January 22nd, 2016 in appeals, declarations of incompatibility, detention, freedom of expression, human rights, intelligence services, news, stop and search, terrorism by sally

‘On Tuesday the Court of Appeal handed down its judgment on David Miranda’s detention under the Terrorism Act 2000 and, while upholding the lawfulness of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10.’

UK Human Rights Blog, 21st January 2016

Source: www.ukhumanrightsblog.com

Regina (Roche Registration Ltd) v Secretary of State for Health – WLR Daily

Posted January 21st, 2016 in appeals, EC law, health, law reports, licensing, medicines, regulations by sally

Regina (Roche Registration Ltd) v Secretary of State for Health [2015] EWCA Civ 1311; [2015] WLR (D) 543

‘In accordance with its general obligation of co-operation pursuant to article 111 of Council Directive 2001/83/EC, the Medicines and Healthcare Products Regulatory Agency was lawfully entitled and obliged to supply the European Medicines Agency, pursuant to formal requests under article 8 of Commission Regulation (EC) No 658/2007, with information it had obtained from a marketing authorisation holder.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk

Ee Turpi Causa and the MIB – Zenith PI Blog

Posted January 21st, 2016 in appeals, crime, ex turpi causa, insurance, news, personal injuries, uninsured drivers by sally

‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’

Zenith PI Blog, 20th January 2016

Source: www.zenithpi.wordpress.com

Nestlé loses high court battle to trademark shape of KitKat – The Guardian

Posted January 21st, 2016 in appeals, food, news, trade marks by sally

‘Nestlé has failed in its attempt to trademark the shape of KitKat in the UK, opening the door for rivals to launch copycat products.’

The Guardian, 20th January 2016

Source: www.guardian.co.uk

Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery – Litigation Futures

Posted January 20th, 2016 in appeals, fees, freedom of expression, insurance, interception, law firms, media, news, privacy, Supreme Court by sally

‘A newspaper’s right to free expression under article 10 of the European Convention was not breached by being ordered to pay success fees and after-the-event (ATE) insurance premiums, Master Gordon-Saker has ruled.’

Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

Court of Appeal : LiPs can benefit from ‘without prejudice’ rule without knowing what it means – Litigation Futures

Posted January 20th, 2016 in appeals, damages, landlord & tenant, litigants in person, news, privilege, rent, without prejudice communications by sally

‘Litigants in person (LiPs) can benefit from the ‘without prejudice’ rule even if they do not know what it means, the Court of Appeal has made clear.’

Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

Asset acquisitions and mergers: Eurotunnel in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted January 19th, 2016 in appeals, competition, mergers, news, Supreme Court, transport by sally

‘The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are bound to make it one of the most frequently-cited merger cases.’

Competition Bulletin from Blackstone Chambers, 18th January 2016

Source: www.competitionbulletin.com

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