Sex teacher Stuart Kerner’s ‘unduly lenient’ sentence may be reviewed – BBC News

‘The Attorney General is to consider whether a suspended sentence handed to a religious studies teacher who had a sex with a pupil should be reviewed.’

Full story

BBC News, 14th January 2015

Source: www.bbc.co.uk

Director loses appeal against FCA fine and ban in conflict of interest case – OUT-LAW.com

‘A non-executive director who failed to declare a conflict of interest has lost her appeal against the Financial Conduct Authority (FCA), which had fined her £154,800 and banned her from holding a regulated financial services role.’

Full story

OUT-LAW.com, 13th January 2015

Source: www.out-law.com

49 year-old Rugby player’s ban doubled to 20 years for assaulting referee’ – Sports Law Bulletin from Blackstone Chambers

Posted January 12th, 2015 in appeals, assault, disciplinary procedures, news, sport by sally

On 29 September 2014 the RFU Appeal Panel, chaired by Sir James Dingemans, handed down judgment in RFU v Barry Lockwood.

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Sports Law Bulletin from Blackstone Chambers, 12th January 2015

Source: www.sportslawbulletin.org

Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures

Posted January 12th, 2015 in appeals, banking, child abuse, costs, fees, fraud, human rights, injunctions, news, Supreme Court by sally

‘The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.’

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Litigation Futures, 9th January 2015

Source: www.litigationfutures.com

Hot, hot, hot – NearlyLegal

Posted January 12th, 2015 in appeals, benefits, housing, landlord & tenant, local government, news, tribunals by sally

‘Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot.’

Full story

NearlyLegal, 11th January 2015

Source: www.nearlylegal.co.uk

Disabled tenants to challenge bedroom tax in supreme court – The Guardian

‘A legal case to be heard at the supreme court will decide whether the government’s housing benefit regulations – the bedroom tax – discriminates unfairly against disabled adults. The ruling could have consequences for hundreds of thousands of people.’

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The Guardian, 10th January 2015

Source: www.guardian.co.uk

Time for a fry-up – patent claims reinterpreted in Jarden v SEB – Technology Law Update

Posted January 9th, 2015 in appeals, food, news, patents by sally

‘In a surprise end-of-year appeal success Jarden has escaped the heat of SEB’s ‘dry fryer’ patent. The apparatus claimed by the patent allows a user to produce crispy chips without needing a pan full of hot fat.’

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Technology Law Update, 8th January 2015

Source: www.technology-law-blog.co.uk

‘Deport first, appeal later’ measures start to bite – Home Office

Posted January 8th, 2015 in appeals, deportation, immigration, news by sally

‘Nearly 800 foreign criminals are being kicked out of the country as tough new ‘deport first, appeal later’ measures start to have an impact.’

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Home Office, 6th January 2015

Source: www.gov.uk/home-office

Monitoring of sex offenders by home visits does not breach human rights – Court of Appeal – UK Human Rights Blog

Posted January 8th, 2015 in appeals, human rights, news, police, sexual offences by sally

‘The law governing the monitoring of sex offenders, allowing police officers to visit the homes of registered offenders, did not constitute an unlawful interference with the offenders’ privacy rights under Article 8 of the ECHR.’

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UK Human Rights Blog, 7th January 2015

Source: www.ukhumanrightsblog.com

Judgment published where court rejected attack on conduct of ward election – Local Government Lawyer

Posted January 8th, 2015 in appeals, elections, news by sally

‘The written judgment has been published this week setting out why an Election Court dismissed a challenge to the validity of an election for a ward in the London Borough of Hackney.’

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Local Government Lawyer, 7th January 2015

Source: www.localgovernmentlawyer.co.uk

Ched Evans: the legal issues – Halsbury’s Law Exchange

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

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Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by tracey

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk

The Separate Representation of Children in Child Abduction Proceedings – Family Law Week

Posted January 7th, 2015 in appeals, child abduction, children, delay, legal representation, news, Supreme Court by tracey

‘Esther Lieu, barrister of 3PB Chambers, explores how the role of children has developed Hague Convention child abduction proceedings.’

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Family Law Week, 6th January 2015

Source: www.familylawweek.co.uk

Pupils’ lawyers challenge lower threshold for school exclusions – The Guardian

‘Many more children could be expelled from school under new guidance which comes into force this week, according to lawyers who represent pupils at appeal panels.’

Full story

The Guardian, 6th January 2015

Source: www.guardian.co.uk

Further appeal against European Commission ‘pay for delay’ patent settlement decision – Zenith Chambers

Posted January 6th, 2015 in appeals, delay, EC law, medicines, news, patents by sally

‘The European Commission’s controversial infringement decision relating to ‘pay for delay’ pharmaceutical patent settlements is subject to a further challenge.’

Full story

Zenith Chambers, 23rd December 2014

Source: www.zenithchambers.co.uk

CC & C Ltd v Revenue and Customs Comrs – WLR Daily

Posted January 6th, 2015 in appeals, customs and excise, jurisdiction, law reports, tribunals by sally

CC & C Ltd v Revenue and Customs Comrs [2014] EWCA Civ 1653; [2014] WLR (D) 557

‘In exceptional cases, the court could entertain a claim for judicial review of a decision, under section 100G(5) of the Customs and Excise Management Act 1979, to revoke the registration of a registered excise dealer and shipper and could make an order for interim re-registration pending determination of that claim where it was arguable that the decision was not simply unreasonable but was unlawful on some other ground, such as being an abuse of power or improper or taken in bad faith.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Greater Glasgow and Clyde Health Board v Doogan and another – WLR Daily

Greater Glasgow and Clyde Health Board v Doogan and another [2014] UKSC 68; [2014] WLR (D) 550

‘The right of conscientious objection under section 4(1) of the Abortion Act 1967 extended to the whole course of medical treatment which brought about the ending of a pregnancy including the medical and nursing care connected with the process, but only in relation to the actual looking after and treatment of the patient rather than the host of ancillary, administrative and managerial tasks associated with it.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers – WLR Daily

Posted January 6th, 2015 in appeals, complaints, human rights, law reports, police by sally

Regina (Delezuch) v Chief Constable of Leicestershire Police; Regina (Duggan) v Association of Chief Police Officers [2014] EWCA Civ 1635; [2014] WLR (D) 560

‘The College of Policing guidance relating to post-incident management of investigations into deaths that followed the use of force by police officers met the procedural requirements of article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms and so was lawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk