In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101;  [2014] WLR (D)  343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in appeals, crime, drug offences, law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D)  341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

No appeal over Rolf Harris sex offences sentence – BBC News

‘Rolf Harris’s sex offences sentence will not be referred to the Court of Appeal, despite 150 complaints over its “leniency”, the attorney general’s office has said.’

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BBC News, 30th July 2014

Source: www.bbc.co.uk

Patel v Mirza – WLR Daily

Patel v Mirza [2014] EWCA Civ 1047 ; [2014] WLR (D) 337

‘The claimant who had paid money to the defendant under an agreement to carry out an illegal scheme was not prevented from recovering the money by considerations of public policy if the scheme had not been implemented even if the claimant pleaded and relied on the illegality to recover the money.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Lim (An infant) v Walia – WLR Daily

Posted July 30th, 2014 in appeals, bereavement, families, insurance, law reports, wills by sally

Lim (An infant) v Walia [2014] EWCA Civ 1076; [2014] WLR (D) 339

‘Where the deceased had a contingent right, immediately before her death subject to proof, to have the benefit under a joint life policy brought forward because of a terminal illness, but her death brought that right to an end, there was no interest of any value to be treated as part of her estate under section 9(1) of the Inheritance (Provision for Family and Dependants) Act 1975.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Michael Adebolajo loses first part of Rigby murder appeal – BBC News

Posted July 29th, 2014 in appeals, murder, news, sentencing by sally

‘Michael Adebolajo has lost the first stage of an appeal against his conviction and sentence over the 2013 murder of Fusilier Lee Rigby in London.’

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BBC News, 29th July 2014

Source: www.bbc.co.uk

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 46 (YouTube)

Supreme Court, 23rd July 2014

Source: www.youtube.com/user/UKSupremeCourt

Joanna Michael family in Supreme Court in negligence fight – BBC News

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

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BBC News, 28th July 2014

Source: www.bbc.co.uk

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

Alcohol abuse in pregnancy could become a crime, legal papers claim – The Guardian

‘An unprecedented court hearing to decide on the right of a child whose mother drank alcohol during pregnancy to receive compensation could pave the way to the criminalisation of pregnant women’s behaviour, according to legal papers lodged with the judge.

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The Guardian, 26th July 2014

Source: www.guardian.co.uk

Lawrence and another v Fen Tigers Ltd and others (No 2) – WLR Daily

Posted July 24th, 2014 in appeals, landlord & tenant, law reports, noise, nuisance, sport, Supreme Court by sally

Lawrence and another v Fen Tigers Ltd and others (No 2) [2014] UKSC 46; [2014] WLR (D) 332

‘In order for the landlord to be liable for nuisance caused by the tenant of a property the circumstances had to be such that the landlord either (i) could be said to have authorised the nuisance by letting the property in question or (ii) had participated directly in the commission of the nuisance, and it was not enough that the landlord was aware of the nuisance but took no steps to prevent it.’

WLR Daily, 23rd July 2014

Source: www.iclr.co.uk

Foreign criminal cannot be deported because of his right not to be discriminated against on grounds of illegitimacy – UK Human Rights Blog

Posted July 24th, 2014 in appeals, citizenship, deportation, human rights, news by sally

‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’

Full story

UK Human Rights Blog, 22nd July 2014

Source: www.ukhumanrightsblog.com

Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

Full story

Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

Ian Watkins loses bid to reduce sentence for child sex offences – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Ian Watkins, the former lead singer of the Lostprophets, has lost a bid to reduce his 35-year sentence for a string of sex offences against children, including the attempted rape of a baby.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

Former Lostprophets singer Ian Watkins to contest 35-year sentence – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by michael

‘A panel of judges at Cardiff crown court will decide whether the convicted paedophile has grounds for appeal.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) – Supreme Court

R (on the application of Sandiford) (Appellant) v The Secretary of State for Foreign and Commonwealth Affairs (Respondent) [2014] UKSC 44 (YouTube)

Supreme Court, 16th July 2014

Source: www.youtube.com/user/UKSupremeCourt

FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) – Supreme Court

Posted July 22nd, 2014 in agency, appeals, fiduciary duty, law reports, Supreme Court by sally

FHR European Ventures LLP and others (Respondents) v Cedar Capital Partners LLC (Appellant) (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Where does Lindsay Sandiford’s appeal leave the funding of lawyers abroad? – Halsbury’s Law Exchange

‘The appellant is a British national who was convicted of drug trafficking offences in Indonesia and sentenced to death. She is currently awaiting execution in prison in Bali. The respondent claimed to have a strict “bright line” policy never to provide legal funding in criminal proceedings abroad, even where the death penalty may apply. The Supreme Court granted permission to appeal from the judgment of the Court of Appeal only on the issue of whether the respondent’s policy was irrational or incompatible with the European Convention on Human Rights (ECHR).’

Full story

Halsbury’s Law Exchange, 21st July 2014

Source: www.halsburyslawexchange.co.uk

Ched Evans launches fresh rape conviction appeal bid – BBC News

Posted July 21st, 2014 in appeals, news, rape by sally

‘Footballer Ched Evans has launched a fresh bid to get his rape conviction overturned.’

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BBC News, 19th July 2014

Source: www.bbc.co.uk

Abdul Hakim Belhaj rendition damages case at Appeal Court – BBC News

Posted July 21st, 2014 in appeals, intelligence services, Libya, news, rendition, torture by sally

‘A damages action brought against the UK over a 2004 rendition case involving a Libyan politician and his wife is being heard at the Court of Appeal later.’

Full story

BBC News, 21st July 2014

Source: www.bbc.co.uk