appeals – Page 195 – Current Awareness

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, human rights, investigatory powers, law reports, Supreme Court, terrorism by sally

Beghal v Director of Public Prosecutions (Secretary of State for the Home Department and others intervening) [2015] UKSC 49; [2015] WLR (D) 330

‘The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours— without any requirement for prior “reasonable suspecion”— for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with articles 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina (Hunt) v North Somerset Council – WLR Daily

Posted July 30th, 2015 in appeals, budgets, costs, judicial review, law reports, local government, Supreme Court by sally

Regina (Hunt) v North Somerset Council [2015] UKSC 51; [2015] WLR (D) 331

‘Where a claimant for judicial review had sought a quashing order but not declaratory relief and the court, having found the defendant to have acted unlawfully, refused the quashing order due to the passage of time, it was not obliged of its own initiative to grant a declaration.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Bagum v Hafiz and another – WLR Daily

Posted July 30th, 2015 in appeals, law reports, sale of land, trusts by sally

Bagum v Hafiz and another [2015] EWCA Civ 801; [2015] WLR (D) 329

‘Sections 14 and 15 of the Trusts of Land and Appointment of Trustees Act 1996 conferred on the court a substantially wider discretion, exercised on the basis of wider considerations, than the trustees themselves enjoyed acting without either the beneficiaries’ consent or a court order. The court’s powers were there to enable the property to be dealt with justly when the beneficiaries could not agree and direct the trustees how to deal with the property.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina (Champion) v North Norfolk District Council and another – WLR Daily

Posted July 30th, 2015 in appeals, environmental protection, law reports, local government, planning, Supreme Court by sally

Regina (Champion) v North Norfolk District Council and another [2015] UKSC 52; [2015] WLR (D) 333

‘The formal procedures prescribed in the Environmental Impact Assessment (“EIA”) legislation, including screening, preparation of an environmental statement and mandatory public consultation, had no counterpart in the habitats legislation. The decision whether an EIA was required had to be taken early in the planning process, although a negative decision might be reviewed subsequently. Mitigation measures might properly be considered at the screening stage and, where appropriate, included in the environmental statement.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Regina v Ali (Yasir) and another – WLR Daily

Posted July 30th, 2015 in appeals, crime, law reports, sexual offences, trafficking in human beings by sally

Regina v Ali (Yasir) and another [2015] EWCA Crim 1279; [2015] WLR (D) 327

‘A car journey of a few miles constituted “travel”, within section 58(1) of the Sexual Offences Act 2003, for the purposes of the offence of trafficking within the United Kingdom for sexual exploitation.’

WLR Daily, 17th July 2015

Source: www.iclr.co.uk

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) – WLR Daily

Posted July 30th, 2015 in appeals, costs, fees, insurance, law reports, Supreme Court by sally

Lawrence and others v Fen Tigers Ltd and others (No 3) (Secretary of State for Justice and others intervening) [2015] UKSC 50; [2015] WLR (D) 332

‘The costs regime in place between 1999 and 2013, which could require losing defendants to pay not only the claimants’ base costs but any success fee and after the event (“ATE”) insurance premium which they had paid as part of their conditional fee arrangement— even though the total costs were far in excess of the value of the claim— was not contrary to defendants’ rights to a fair trial and to the protection of their property under article 6 of, and article 1 of the First Protocol (“A1P1”) to, the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd July 2015

Source: www.iclr.co.uk

Kiani v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2015 in appeals, employment tribunals, human rights, intelligence services, law reports, trials, tribunals, unfair dismissal by sally

Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776; [2015] WLR (D) 325

‘The requirements of the right to a fair trial in article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms depended on the context and all the circumstances of the case. In a security case an individual was not entitled to full article 6 rights if to accord him such rights would jeopardise the efficacy of the vetting regime itself. The same approach was taken under European Union law.’

WLR Daily, 21st July 2015

Source: www.iclr.co.uk

Court rejects government appeal over fast-track detention of asylum seekers – The Guardian

Posted July 30th, 2015 in appeals, asylum, detention, news by sally

‘Government hopes of quickly restarting the detention of asylum seekers under its fast-track process have been dealt a serious blow by the loss of a court of appeal challenge brought by the justice secretary, Michael Gove.’

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The Guardian, 29th July 2015

Source: www.guardian.co.uk

Supreme Court rules factory expansion can proceed despite flaws in environmental assessment process – OUT-LAW.com

Posted July 29th, 2015 in appeals, EC law, environmental health, judicial review, news, planning, Supreme Court by sally

‘Plans to extend a Norfolk factory should be allowed to proceed despite procedural irregularities, as proper compliance with the environmental impact assessment (EIA) process would not have led to a different conclusion, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 24th July 2015

Source: www.out-law.com

Chinnock v Veale Wasbrough – are we any closer to clarity on s14A? – Hardwicke Chambers

Posted July 28th, 2015 in appeals, law firms, limitations, negligence, news, solicitors, time limits by sally

‘On the silver anniversary of the Limitation Act 1980 (“the Act”) and as we approach the emerald anniversary of the coming into force of section 14A of that Act, the recent case of Chinnock v Veale Wasbrough [2015] EWCA Civ 2014 shows that the interpretation of this complicated section remains far from straightforward.’
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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk

Judge overrules Theresa May and allows convicted terror prisoner to be freed – The Independent

Posted July 28th, 2015 in appeals, bail, deportation, immigration, news, terrorism by sally

‘A man believed by police to pose a threat to the UK is to be released from prison after Theresa May lost a court case to keep him in jail until he can be deported.’

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The Independent, 25th July 2015

Source: www.independent.co.uk

Primary considerations – Nearly Legal

Posted July 28th, 2015 in appeals, children, housing, local government, news by sally

‘In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local authority against unsuccessful applicants for homelessness assistance. In Huzrat v Wandsworth LBC [2013] EWCA Civ 1865, the Court had previously found that there was no room for the use of section 11 to gloss the clear questions which a local authority must ask itself to determine whether an applicant is intentionally homeless, but that is very different from the question in Mohamoud. After all, mandatory possession proceedings have clear consequences.’

Full story

Nearly Legal, 24th July 2015

Source: www.nearlylegal.co.uk

Service charges, the burden of proof and reasonableness of decisions – Park Square Barristers

Posted July 28th, 2015 in appeals, burden of proof, costs, landlord & tenant, news, service charges, tribunals by sally

‘Last week wrote an introductory article on a service charge case, The Gateway (Leeds) Management Ltd v Naghash and Shamsizadeh (citation above), a decision of Martin Rodger QC, Deputy President in the Upper Tribunal (Lands Chamber), in which I acted for the Defendants/Respondents. The facts are set out in that piece, and I do not propose to rehearse them here.’

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Park Square Barristers, 15th July 2015

Source: www.parksquarebarristers.co.uk

Duties and liabilities of trustees: Lessons from recent cases – New Square Chambers

Posted July 28th, 2015 in appeals, judgments, news, trusts by sally

‘There have been a number of recent cases which provide useful guidance in considering the scope of trustees’ duties when faced with decisions as to whether or not to sell or retain land, or to incur expenditure on repairs, or to take legal action.’
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New Square Chambers, 26th May 2015

Source: www.newsquarechambers.co.uk

Late amendments – A new approach – Hardwicke Chambers

Posted July 28th, 2015 in amendments, appeals, costs, news, proportionality by sally

‘In CIP Properties (AITP) Limited v Galliford Try Infrastructure Limited Anors (No.3) [2015] EWHC 1345 (TCC) Coulson J reviewed the post-Jackson authorities governing amendments to statements of case. The judgment leaves little doubt that there is a new approach to applications to amend and that courts will be much more willing to consider questions of procedural prejudice when determining whether permission should be granted.’

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Commercial nonsense and the reasonable man: Arnold v Britton & Ors [2015] UKSC 36 – Hardwicke Chambers

Posted July 28th, 2015 in appeals, covenants, leases, news, Supreme Court by sally

‘In this case, the Supreme Court considered to what extent lessees could escape what appeared to be a very bad bargain indeed. The crux of the case was: to what extent can commercial common sense defeat a contractual provision which defies it?”

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Hardwicke Chambers, 24th July 2015

Source: www.hardwicke.co.uk

Tenants who lack mental capacity to make decisions – Tanfield Chambers

Posted July 28th, 2015 in appeals, benefits, housing, landlord & tenant, mental health, news, social security, tribunals by sally

‘In Wychavon District Council v EM (HB) [2011] UKUT 144 (AAC), the claimant, who was profoundly physically and mentally disabled, appealed from a decision that she was not entitled to housing benefit in respect of the sums payable under a tenancy agreement which, in the space for the tenant’s signature, stated that she was “profoundly disabled and cannot communicate at all.”’

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Tanfield Chambers, 18th June 2015

Source: www.tanfieldchambers.co.uk

Granting an option to purchase a shareholding to a party as relief for unfair prejudice was within the court’s discretion – Tanfield Chambers

Posted July 28th, 2015 in appeals, company law, insolvency, news, shareholders, valuation by sally

‘Granting an option to purchase a shareholding to a party for a significant sum as relief for unfair prejudice was within the court’s discretion under the Companies Act 2006 s.996 despite valuation evidence showing the company was balance sheet insolvent.’

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Tanfield Chambers, 14th July 2015

Source: www.tanfieldchambers.co.uk

The perils of commoditised advice: Procter v Raleys Solicitors – Hardwicke Chambers

Posted July 28th, 2015 in appeals, compensation, negligence, news, solicitors by sally

‘On 28 April 2015 the Court of Appeal handed down judgment in Procter v Raleys Solicitors. The case is an important reminder to solicitors engaged in bulk litigation of the risks posed by “commoditising” their services.’

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Hardwicke Chambers, 15th June 2015

Source: www.hardwicke.co.uk