Category: appeals

Supreme Court says Welsh NHS charges Bill in breach of A1P1 – UK Human Rights Blog

Posted February 12th, 2015 in appeals, asbestos, bills, compensation, costs, health, human rights, industrial injuries, news, Supreme Court, Wales by sally

‘Sounds like a rather abstruse case, but the Supreme Court has had some important things to say about how the courts should approach an argument that Article 1 of Protocol 1 to ECHR (the right to peaceful enjoyment of possessions) is breached by a legislative decision. The clash is always between public benefit and private impairment, and this is a good example.’

Full story

UK Human Rights Blog, 11th February 2015

Source: www.ukhumanrightsblog.com

Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) – WLR Daily

Posted February 11th, 2015 in appeals, guilty pleas, law reports, medical records, mental health, rape, sentencing by sally

Regina v Balogh; Attorney General’s Reference (No 117 of 2014) [2015] EWCA Crim 44; [2015] WLR (D) 49

‘A court’s obligation to follow any relevant sentencing guidelines unless satisfied that it would be contrary to the interests of justice to do so continued to apply where the offender was suffering from a mental disorder.’

WLR Daily, 4th February 2015

Source: www.iclr.co.uk

Regina v Ali (Nazakat) – WLR Daily

Posted February 11th, 2015 in appeals, illegality, immigration, law reports, marriage, news, solicitors by sally

Regina v Ali (Nazakat) [2015] EWCA Crim 43; [2015] WLR (D) 46

‘A solicitor who had been instrumental in finding brides for non-European Union clients and advising the clients to make false applications for certificates of approval, which he submitted to the to the UK Border Agency, had facilitated a breach of immigration law by his clients.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Allard and others v Chief Constable of Devon and Cornwall Constabulary – WLR Daily

Posted February 11th, 2015 in appeals, informers, law reports, police, remuneration, telecommunications, working time by sally

Allard and others v Chief Constable of Devon and Cornwall Constabulary [2015] EWCA Civ 42; [2015] WLR (D) 45

‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

In re M and others (Children) (Abduction: Child’s Objections) – WLR Daily

Posted February 11th, 2015 in appeals, child abduction, children, civil procedure rules, custody, families, joinder, law reports, litigation friends by sally

In re M and others (Children) (Abduction: Child’s Objections) [2015] EWCA Civ 26; [2015] WLR (D) 44

‘Where a court was determining, for the purposes of article 13 of the Hague Convention 1980, whether a child objected to being returned and had attained the age and degree of maturity at which it was appropriate to take account of its views, the use of sub-tests and technicality were to be avoided.’

WLR Daily, 27th January 2015

Source: www.iclr.co.uk

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

Posted February 11th, 2015 in appeals, contempt of court, Court of Protection, elderly, law reports, local government, residential care by sally

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Schedule 1 to The Children Act 1989: Not Just for Wags – Family Law Week

Posted February 11th, 2015 in appeals, benefits, child support, children, cohabitation, costs, debts, disabled persons, families, family courts, housing, married persons, news, statistics by sally

‘Anita Mehta, barrister of Crown Office Row, Brighton, argues that Schedule 1 to the Children Act 1989 applications should not be regarded as the domain of footballers’ girlfriends or the uber-wealthy but as a powerful tool for meeting children’s needs in a wide variety of cases.’

Full story

Family Law Week, 6th February 2015

Source: www.familylawweek.co.uk

Protecting the Innocent – BBC Law in Action

Posted February 11th, 2015 in appeals, firearms, gangs, imprisonment, miscarriage of justice, murder, news, young offenders by sally

‘Dwaine George was sent to prison in 2001 for murder. Aged 18 and a member of a Manchester gang, he was convicted for shooting dead another 18-year-old and sentenced to life imprisonment. But Dwaine George said he didn’t do it and continued to protest his innocence throughout the 12 years he eventually served. He was finally vindicated by the Court of Appeal shortly before Christmas, when his conviction was quashed.’

Listen

BBC Law in Action, 12th February 2015

Source: www.bbc.co.uk

“Nowadays not all law can be simple law; but the best law remains simple law” – Family Law Week

Posted February 11th, 2015 in appeals, child abduction, children, consent, custody, families, joinder, litigation friends, news by sally

‘Christopher Hames and Dorothea Gartland, of 4 Paper Buildings, & Nina Hansen, a partner of Freemans Solicitors, consider the important Court of Appeal judgment in Re M (Republic of Ireland) (Children’s Objection) (Joinder of Children as Parties).’

Full story

Family Law Week, 4th February 2015

Source: www.familylawweek.co.uk

Council wins appeal in lead case on bedroom tax and shared residence of child – Local Government Lawyer

Posted February 10th, 2015 in appeals, housing, local government, news, residence orders, taxation, tribunals by sally

‘The Upper Tribunal has upheld a local authority’s appeal in the lead case on the application of the “bedroom tax” to the shared residence of a child.’

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Local Government Lawyer, 10th February 2015

Source: www.localgovernmentlawyer.co.uk

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted February 10th, 2015 in appeals, birds, energy, environmental protection, law reports, planning, Scotland, Supreme Court by sally

Sustainable Shetland (Appellant) v The Scottish Ministers and another (Respondents) (Scotland) [2015] UKSC 4 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales – Supreme Court

Posted February 10th, 2015 in appeals, asbestos, bills, compensation, costs, industrial injuries, insurance, law reports, Supreme Court by sally

Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: reference by the Counsel General for Wales [2015] UKSC 3 (YouTube)

Supreme Court, 9th February 2015

Source: www.youtube.com/user/UKSupremeCourt

High Court finds inspector was entitled to reject council’s claim for section 106 administration fee – OUT-LAW.com

Posted February 10th, 2015 in appeals, fees, local government, news, planning by sally

‘The High Court has dismissed a council’s challenge to a planning inspector’s decision not to allow it to impose a standardised fee for administering and monitoring planning obligations under a section 106 agreement.’

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OUT-LAW.com, 9th February 2015

Source: www.out-law.com

Lord Justice Lewison and the Return of English – NearlyLegal

Posted February 10th, 2015 in appeals, housing, judges, landlord & tenant, legislation, news by sally

‘I recently found myself reading and writing about the Court of Appeal judgement in Edwards v Kurasamy (our report here). Doing so made me think about the recent spate of judgements given by Lewison LJ that have touched on the private rental sector. I am thinking here of Spencer v Taylor (which we analysed here), Charalambous v Ng, and now Edwards v Kumarasamy. (our report). All of these are cases that touch primarily on the Private Rented Sector and all of them feature leading judgements by Lewison LJ. These are not of course the only big PRS cases to come from the CoA recently so I am not suggesting that Lewison LJ is the only CoA judge dealing with the PRS (see McDonald v McDonald for example) but he does seem to be getting a healthy majority right now.’

Full story

NearlyLegal, 9th February 2015

Source: www.nearlylegal.co.uk

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally – Free Movement

Posted February 10th, 2015 in appeals, freedom of expression, judicial review, news, speeches, visas by sally

‘The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert Spencer, the founders ‘Stop Islamization of America’, referred to by the Secretary of State as an anti-Muslim hate group. This contributor was previously unaware of Geller and Spencer’s work, but after 5 minutes on YouTube was in rare agreement with the Secretary of State. They had planned to visit the UK in the aftermath of the murder of Drummer Lee Rigby, to address a rally planned by the English Defence League in Greenwich on Saturday 29 June 2013, armed forces day.’

Full story

Free Movement, 10th February 2015

Source: www.freemovement.org.uk

‘Gratuitously rude’ judge reprimanded in CoA ruling – Law Society’s Gazette

Posted February 9th, 2015 in appeals, care orders, children, costs, judges, legal aid, legal representation, news, paternity, professional conduct by sally

‘A family judge was reprimanded by Court of Appeal judges twice in two days and told he should be “embarrassed” by the way he handled a case, it has emerged.’

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Law Society’s Gazette, 6th February 2015

Source: www.lawgazette.co.uk

Asbestos NHS costs decision due from Supreme Court – BBC News

Posted February 9th, 2015 in appeals, asbestos, bills, costs, insurance, local government, news, Supreme Court, Wales by sally

‘Firms in Wales whose staff are treated for asbestos-related illnesses are to learn if they must reimburse the NHS.’

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BBC News, 9th February 2015

Source: www.bbc.co.uk

Theresa May wins rapist deportation appeal – BBC News

Posted February 5th, 2015 in appeals, deportation, immigration, news, public interest, rape, tribunals by sally

‘A ruling that prevented the deportation of a Somali man who raped a pregnant woman has been successfully challenged by the home secretary.’

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BBC News, 5th February 2015

Source: www.bbc.co.uk

Police not liable in negligence to victim of domestic violence, but Article 2 claim proceeds – UK Human Rights Blog

Posted February 5th, 2015 in appeals, domestic violence, human rights, negligence, news, police, Supreme Court by sally

‘The Supreme Court has rejected a challenge to the long-standing rule that the police owe no duty of care in negligence in the context of protecting victims from potential future crimes.’

Full story

UK Human Rights Blog, 4th February 2015

Source: www.ukhumanrightsblog.com