Category: appeals

PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

Posted March 31st, 2015 in appeals, civil procedure rules, deportation, immigration, law reports, tribunals by sally

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

Regina v Quillan and others – WLR Daily

Posted March 31st, 2015 in appeals, conspiracy, criminal justice, criminal procedure, fraud, law reports, no case to answer by sally

Regina v Quillan and others [2015] EWCA Crim 538; [2015] WLR (D) 144

‘If it was likely that a judge would need to make a ruling on a question of law relating to a criminal trial, it would usually be better to order a preparatory hearing before the start of the trial rather than having to make such a ruling after the jury had been sworn and the trial commenced, when any appeal against such a ruling by the Crown would require an undertaking that the defendant was entitled to be acquitted if the appeal failed.’

WLR Daily, 25th March

Source: www.iclr.co.uk

Appeal judges condemn district judge who failed to give “any adequate reasons” for ruling – Litigation Futures

Posted March 31st, 2015 in appeals, judges, judiciary, news, reasons, retrials by sally

‘The Court of Appeal has strongly criticised a district judge who failed to produce “any adequate reasons” for reaching his conclusions in an adverse possession case.’

Full story

Litigation Futures, 31st March 2015

Source: www.litigationfutures.com

The Tale of the Black Spider: The Supreme Court speaks – UK Human Rights Blog

Posted March 31st, 2015 in appeals, attorney general, disclosure, documents, freedom of information, news, royal family, Supreme Court, veto by sally

‘And so, the long legal saga of the Black Spider Letters finally comes to a close.

I last blogged about this case back in October 2012. At that time, the Attorney General had ignited controversy by invoking a little-known power under section 53 of the Freedom of Information Act 2000 (FOIA).’

Full story

UK Human Rights Blog, 27th March 2015

Source: www.ukhumanrightsblog.com

Google and the DPA – RIP section 13(2) – Panopticon

Posted March 30th, 2015 in appeals, damages, data protection, freedom of information, internet, news, privacy by sally

‘Well, isn’t this an exciting week (and I don’t mean Zayn leaving One Direction)? First, Evans and now Vidal-Hall. We only need Dransfield to appear before Easter and there will be a full red bus analogy. Robin opened yesterday’s analysis of Evans by remarking on the sexiness of FOIA. If there is one thing you learn quickly as an information law practitioner, it is not to engage in a sexiness battle with Robin Hopkins. But high-profile though Evans is, the judgment in Vidal-Hall will be of far wider significance to anyone having to actually work in the field, rather than simply tuning every now and then to see the Supreme Court say something constitutional against a FOIA background. Vidal-Hall might not be the immediate head-turner, but it is probably going to be the life-changer for most of us. So, while still in the ‘friend zone’ with the Court of Appeal, before it all gets serious, it is important to explain what Vidal-Hall v Google [2015] EWCA Civ 311 does.’

Full story

Panopticon, 27th March 2015

Source: www.panopticonblog.com

Disability discrimination goes to full trial – Nearly Legal

Posted March 30th, 2015 in appeals, burden of proof, disability discrimination, equality, housing, human rights, landlord & tenant, local government, mental health, news, Supreme Court by sally

‘When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously arguable’ summary test as an Article 8 defence, we were surprised, and very unimpressed. It seems the Supreme Court felt similarly (and unanimously), although sadly it did not help the tenant in this case.’

Full story

Nearly Legal, 29th March 2015

Source: www.nearlylegal.co.uk

Financial Conduct Authority v Capital Alternatives Ltd and others – WLR Daily

Posted March 30th, 2015 in agriculture, appeals, financial regulation, law reports by sally

Financial Conduct Authority v Capital Alternatives Ltd and others [2015] EWCA Civ 284; [2015] WLR (D) 140

‘The critical question in deciding whether property was “managed as a whole” within section 235(3)(b) of the Financial Services and Markets Act 2000 was whether a characteristic feature of the arrangements under the scheme was that the property to which those arrangements related was managed as a whole. Whether that condition was satisfied required an overall assessment and evaluation of the relevant facts.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

ITV plc and others v Pensions Regulator and another – WLR Daily

Posted March 30th, 2015 in appeals, law reports, pensions, regulations, tribunals by sally

ITV plc and others v Pensions Regulator and another [2015] EWCA Civ 228; [2015] WLR (D) 139

‘The Upper Tribunal had a discretion to allow the Pensions Regulator to raise new allegations on a reference which were not contained in a warning notice issued pursuant to section 96 of the Pensions Act 2004. The discretion should be exercised based on a consideration of all the relevant factors in the case, weighing up all the facts and circumstances, and not just the narrow question whether the Pensions Regulator had good reason for seeking to enlarge its case.’

WLR Daily, 24th March 2015

Source: www.iclr.co.uk

Google loses UK appeal court battle over ‘clandestine’ tracking – The Guardian

Posted March 30th, 2015 in appeals, consumer protection, damages, data protection, internet, news, privacy by sally

‘Google has failed in its attempt in the court of appeal to prevent British consumers having the right to sue the internet firm in the UK.’

Full story

The Guardian, 27th March 2015

Source: www.guardian.co.uk

Operation Elveden: Court quashes reporter’s conviction – BBC News

Posted March 30th, 2015 in appeals, bribery, corruption, juries, media, news, photography, prison officers, public interest, royal family, sentencing by sally

‘An ex-News of the World reporter who was found guilty of paying a prison officer for information has had their conviction quashed.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court – WLR Daily

Posted March 27th, 2015 in appeals, case stated, judicial review, law reports, notification, sexual offences by sally

Regina (NE) v Birmingham Magistrates’ Court; Regina (NM) v Birmingham Magistrates’ Court [2015] EWHC 688 (Admin); [2015] WLR (D) 135

‘An appeal by way of case stated to the High Court pursuant to section 111 of the Magistrates’ Courts Act 1980, rather than a challenge by way of judicial review, was generally the appropriate way in which to challenge a decision of a magistrates’ court dismissing an appeal under section 91E of the Sexual Offences Act 2003 against an unsuccessful review of an order requiring a sexual offender to comply with the notification requirements under the Act indefinitely.’

WLR Daily, 20th March 2015

Source: www.iclr.co.uk

Are too few convictions overturned? – BBC News

Posted March 27th, 2015 in appeals, Criminal Cases Review Commission, Law Commission, miscarriage of justice, news, select committees by sally

‘There is room for argument over whether the Criminal Cases Review Commission (CCRC) is too cautious in referring suspected miscarriages of justice to the Court of Appeal, as the Commons Justice Committee has said.’

Full story

BBC News, 27th March 2015

Source: www.bbc.co.uk

Supreme court clears way for release of secret Prince Charles letters – The Guardian

Posted March 26th, 2015 in appeals, attorney general, disclosure, documents, news, royal family, Supreme Court, veto by sally

‘The UK supreme court has cleared the way for the publication of secret letters written by Prince Charles to British government ministers, declaring that an attempt by the state to keep them concealed was unlawful.’

Full story

The Guardian, 26th March 2015

Source: www.guardian.co.uk

Supreme court to rule on publishing Prince Charles’ ‘black spider memos’ – The Guardian

Posted March 26th, 2015 in appeals, disclosure, documents, freedom of information, news, royal family, Supreme Court by sally

‘The supreme court will rule on Thursday on whether highly sensitive secret correspondence between Prince Charles and government ministers should at last be released in the public interest.’

Full story

The Guardian, 25th March 2015

Source: www.guardian.co.uk

Cheating Premier League footballer at centre of one-night stand blackmail plot should be named, says judge – Daily Telegraph

Posted March 26th, 2015 in anonymity, appeals, blackmail, costs, injunctions, news by sally

‘Justice Warby rules an anonymity order protecting a wealthy well-known defender who had a one-night stand despite having a long term partner and child should be lifted.’

Full story

Daily Telegraph, 25th March 2015

Source: www.telegraph.co.uk

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) – Supreme Court

Posted March 26th, 2015 in appeals, law reports, local government, regulations, rights of way, Supreme Court by sally

R (on the application of Trail Riders Fellowship and another (Respondents) v Dorset County Council (Appellant) [2015] UKSC 18 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) – Supreme Court

Posted March 26th, 2015 in appeals, benefits, human rights, law reports, regulations, sex discrimination, social security, Supreme Court by sally

R (on the application of SG and others (previously JS and others)) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2015] UKSC 16 (YouTube)

Supreme Court, 18th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Solicitors fail to stop cuts in legal aid defence contracts – The Guardian

Posted March 26th, 2015 in appeals, Law Society, legal aid, news, solicitors by sally

‘Criminal solicitors have failed in their attempt to prevent the justice secretary, Chris Grayling, imposing deep cuts on the number of legal aid contracts for defence lawyers.’

Full story

The Guardian, 25th March 2015

Source: www.guardian.co.uk

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Posted March 25th, 2015 in appeals, birth, doctors, duty of care, health, law reports, negligence, Scotland, Supreme Court by sally

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt