R (on the application of Moseley (in substitution of Stirling) (AP) v London Borough of Haringey – Supreme Court
Supreme Court, 29th October 2014
Category: appeals
Permission to file a respondent’s notice out of time not prevented by Mitchell – The Barristers’ Hub
‘The recent decision in the case of Altomart Limited v Salford Estates (No. 2) Limited [2014] EWCA Civ 1408 gave the Court of Appeal a further opportunity to revisit the issues raised in Mitchell v News Group Newspapers Ltd. It provided further indication of how the court is now more willing to grant relief from sanction where such refusal would lead to a potential injustice in the face of little prejudice being caused by the breach.’
The Barristers’ Hub, 31st October 2014
Source: www.barristershub.co.uk
Rolf Harris loses first appeal bid over convictions – The Guardian
‘Rolf Harris has lost the first round of his bid to appeal against his convictions for a string of indecent assaults.’
The Guardian, 31st October 2014
Source: www.guardian.co.uk
Supreme Court to rule on Rwandan genocide extradition this week – The Independent
‘Supreme Court judges will be asked this week to rule whether five men accused of taking part in the 1994 Rwandan genocide should be extradited to face trial.’
The Independent, 2nd November 2014
Source: www.independent.co.uk
Extended terror sentences justified, appeal court rules – BBC News
‘Three men who challenged their extended sentences for preparing terrorism offences have lost their appeals.’
BBC News, 31st October 2014
Source: www.bbc.co.uk
Jamie Reynolds loses Georgia Williams murder sentence appeal – BBC News
‘A man who killed a girl by hanging her at his parents’ house has lost his appeal against his whole-life sentence.’
BBC News, 31st October 2014
Source: www.bbc.co.uk
Regina v Kerrigan; Regina v Walker (Nicholas) – WLR Daily
Regina v Kerrigan; Regina v Walker (Nicholas) [2014] WLR (D) 450
‘There was no automatic deduction for time spent in custody by a defendant who, following arrest, was recalled to prison, on revocation of licence, to continue serving a previous sentence.’
WLR Daily, 28th October 2014
Source: www.iclr.co.uk
Joanne Dennehy accomplice Gary Stretch in sentence appeal – BBC News
‘A man jailed alongside “sadistic” triple killer Joanne Dennehy is to appeal against the length of his sentence.’
BBC News, 30th October 2014
Source: www.bbc.co.uk
Abdel Hakim Belhaj wins right to day in court over his kidnap by MI6 and CIA – The Guardian
‘A Libyan exile who was abducted in a joint MI6-CIA operation has won the right to bring his claim against the government to court.’
The Guardian, 30th October 2014
Source: www.guardian.co.uk
Principle that profiteering from illegal acts should be prevented does not apply to patent infringements, rules Supreme Court – OUT-LAW.com
‘A legal principle designed to prevent businesses from profiteering from illegal acts does not apply if that profiteering would stem from infringing patent rights, the UK Supreme Court has ruled.’
OUT-LAW.com, 30th October 2014
Source: www.out-law.com
Good Things Come to Those Who (Have Inherent) Weight – Panopticon
‘Philosophically, everything must have an inherent weight. Otherwise it would have no weight at all. But FOIA is not concerned with philosophy; it is much more concerned with who is in charge of the sheep dip, and indeed the levels of public funding for the sheep being dipped. (No points for spotting that reference, Bruce.) As a result, there are often debates in the FOIA case law about whether a particular qualified exemption contains an inherent weight, i.e. is the fact that the exemption is engaged at all sufficient to place some weight in the public interest balance against disclosure? The answer varies according to the particular exemption.’
Panopticon, 29th October 2014
Source: www.panopticonblog.com
Consultation duty gets to the Supreme Court – UK Human Rights Blog
‘Lord Wilson posed the question, answered today by the Supreme Court, with concision. When Parliament requires a local authority to consult interested persons before making a decision which would potentially affect all of its inhabitants, what are the ingredients of the requisite consultation?’
UK Human Rights Blog, 29th October 2014
Source: www.ukhumanrightsblog.com
Badger cull protesters lose legal battle – Daily Telegraph
‘Court of Appeal judges dismiss campaigners’ claim Government acting unlawfully by allowing latest badger culls to go ahead without monitoring by independent expert panel.’
Daily Telegraph, 29th October 2014
Source: www.telegraph.co.uk
Voyeur teacher Gareth Williams has jail term cut – BBC News
‘A Cardiff deputy head teacher who secretly filmed pupils going to the toilet has had his “manifestly excessive” five-year jail term cut to four by the Court of Appeal.’
BBC News, 28th October 2014
Source: www.bbc.co.uk
Single mother-of-five made homeless by benefits cap turns to Supreme Court over Westminster Council’s attempts at ‘social cleansing’ – The Independent
‘A single mother-of-five who was made homeless after resisting Westminster Council’s attempt to move the family 50 miles from the capital is applying to the Supreme Court to review her case.’
The Independent, 29th October 2014
Source: www.independent.co.uk
Chris Huhne loses legal costs appeal – The Guardian
‘Former cabinet minister Chris Huhne has lost a challenge against an order that he must pay £77,750 costs from his prosecution for passing speeding points to his ex-wife.’
The Guardian, 28th October 2014
Source: www.guardian.co.uk
Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily
‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework did not mean only harm to the Green Belt, but included any other harm that was relevant for planning purposes. If a planning proposal was not in accordance with the policies in the development plan for the protection of the countryside, the planning permission should be refused having regard to the planning policy framework as a whole.’
WLR Daily, 24th October 2014
Source: www.iclr.co.uk
Caresse Navigation Ltd v Office National de l’Electricité and others – WLR Daily
‘The rules which applied to the construction of contracts generally were applicable to the construction of a bill of lading and required the words of the bill to be looked at as a whole in their context. Applying that approach, a clause in the printed conditions of carriage in a bill of lading which expressly incorporated “all terms and conditions, liberties and exceptions of the charterparty … including the law and arbitration clause” had the effect of incorporating into the bill an English law and exclusive jurisdiction clause in the charterparty.’
WLR Daily, 21st October 2014
Source: www.iclr.co.uk
Southern Pacific Mortgages Ltd v Scott (Mortgage Business plc intervening) – WLR Daily
‘A purchaser of a property could not grant equitable rights of a proprietary character prior to acquisition of the legal estate.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
