Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) – Supreme Court
Carlyle (Appellant) v Royal Bank of Scotland (Respondent) (Scotland) [2015] UKSC 13 (YouTube)
Supreme Court, 11th March 2015
Category: appeals
Tael One Partners Limited (Appellant) v Morgan Stanley & Co International PLC (Respondent) – Supreme Court
Supreme Court, 11th March 2015
Wyatt (Appellant) v Vince (Respondent) – Supreme Court
Wyatt (Appellant) v Vince (Respondent) [2015] UKSC 14 (YouTube)
Supreme Court, 11th March 2015
R (on the application of Catt) (AP) (Respondent) v Commissioner of Police of the Metropolis and another (Appellants); R (on the application of T) (AP) (Respondent) v Commissioner of Police of the Metropolis (Appellant) – Supreme Court
Supreme Court, 4th March 2015
R (on the application of Jamar Brown (Jamaica) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court
Supreme Court, 4th March 2015
Relief from sanctions for not turning up? – Nearly Legal
‘In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession claim based on nuisance and anti-social behaviour.’
Nearly Legal, 24th March 2015
Source: www.nearlylegal.co.uk
Justice body needs ‘bolder approach’ say MPs – BBC News
‘A public body that reviews miscarriages of justice should be “bolder” and refer more cases to the Court of Appeal, a group of MPs has said.’
BBC News, 25th March 2015
Source: www.bbc.co.uk
‘Naked rambler’ Stephen Gough’s European appeal rejected – BBC News
‘A man known as the “naked rambler” has had his final appeal to be naked in public rejected by the European Court of Human Rights (ECHR).’
BBC News, 24th March 2015
Source: www.bbc.co.uk
Kandola v Generalstaatwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnburg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily
‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News
‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’
BBC News, 23rd March 2015
Source: www.bbc.co.uk
Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily
‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
Regina v Doran and another – WLR Daily
Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129
‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’
WLR Daily, 17th March 2015
Source: www.iclr.co.uk
Regina v Kakkad – WLR Daily
Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130
‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’
WLR Daily, 17th March 2015
Source: www.iclr.co.uk
Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily
‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’
WLR Daily, 18th March 2015
Source: www.iclr.co.uk
Revisiting divorce settlements – Law Society’s Gazette
‘The case of Stephen and Ellen Debruin, recently the subject of an application for leave to appeal by Mr Debruin, reopens the argument about whether the current wide discretion of judges in our divorce laws results in consistent and fair results.’
Law Society’s Gazette, 23rd March 2015
Source: www.lawgazette.co.uk
Car crash Euro-damages against government upheld by CA – UK Human Rights Blog
‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’
Full story
UK Human Rights Blog, 22nd March 2015
Source: www.ukhumanrightsblog.com
Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers
‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’
Competition Bulletin from Blackstone Chambers, 20th March 2015
Source: www.competitionbulletin.com
Miscarriage of justice review body is dismissed as the Court of Appeal’s ‘lap dog’ in hard-hitting report – The Independent
‘Innocent victims of miscarriages of justice are “languishing in jail” due to delays and faults in the case review system, according to MPs behind a hard-hitting report to be published this week.’
Full story
The Independent, 22nd March 2015
Source: www.independent.co.uk
Supreme Court splits the baby over the benefit cap – Mike Spencer – UK Human Rights Blog
‘R(on the application of SG and others (previously JS and others)) v Secretary of State for Work and Pensions [2015] UKSC 16. The Supreme Court was sharply divided yesterday over whether the benefit cap breaches the Human Rights Act.’
UK Human Rights Blog, 19th March 2015
Source: www.ukhumanrightsblog.com
Supreme Court quashes council decision over offer of housing 50 miles away – Local government Lawyer
‘The Supreme Court has unanimously upheld an appeal by a homeless mother of five over a London borough’s offer of accommodation 50 miles away near Milton Keynes.
The Court heard oral submissions in Nzolameso v City of Westminster earlier this month (17 March). It has now quashed Westminster City Council’s decision that it had properly discharged its duty to secure accommodation available for occupation by the appellant.’
Local Government Lawyer, 19th March 2015
Source: www.localgovernmentlawyer.co.uk
