Category: appeals

Regina (Richards) v Teesside Magistrates’ Court and another – WLR Daily

Posted January 20th, 2015 in appeals, crime, electronic monitoring, law reports, sentencing, sexual offences by sally

Regina (Richards) v Teesside Magistrates’ Court and another [2015] EWCA Civ 7; [2015] WLR (D) 13

‘Varying a sexual offences prevention order to require the wearing of a location monitoring device or electronic tag while away from the home address of the person subject to it came within the powers conferred by the Sexual Offences Act 2003, and the interference with that person’s private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Rights was “in accordance with the law”.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk

Judge orders father to take his children to church – Daily Telegraph

Posted January 20th, 2015 in appeals, children, custody, divorce, freedom of expression, judges, news by sally

‘Child care proceedings challenged after judge tells father he has a legal requirement to take his sons to Catholic mass.’

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Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk

Attempt to ban performing artist’s abuse memoir ‘threatens free speech’ – The Guardian

Posted January 20th, 2015 in appeals, freedom of expression, injunctions, news, publishing, Supreme Court by sally

‘An attempt to prevent a performing artist from publishing his memoir on the grounds that its contents would be distressing for his son to read has opened up “a new, substantial and unpredictable threat to freedom of expression”, lawyers representing free speech campaigners have told the UK supreme court.’

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The Guardian, 19th January 2015

Source: www.guardian.co.uk

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by sally

‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’

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UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com

Judge criticised after claiming 16-year-old pupil groomed teacher – The Guardian

Posted January 15th, 2015 in abuse of position of trust, appeals, news, sentencing, sexual grooming, suspended sentences, teachers, victims by sally

‘A judge is facing criticism after she handed down a suspended sentence to a teacher found guilty of having sex with a pupil and said the 16-year-old girl had “groomed” him.’

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The Guardian, 14th January 2015

Source: www.guardian.co.uk

Tulisa Constavlos loses appeal over assault conviction – Daily Telegraph

Posted January 15th, 2015 in appeals, assault, news by sally

‘Former X Factor judge loses appeal against conviction for hitting celebrity blogger Savvas Morgan during row at V Festival in Chelmsford’

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Daily Telegraph, 14th January 2015

Source: www.telegraph.co.uk

Sex teacher Stuart Kerner’s ‘unduly lenient’ sentence may be reviewed – BBC News

Posted January 15th, 2015 in appeals, attorney general, news, sentencing, sexual offences, stalking, suspended sentences, teachers by sally

‘The Attorney General is to consider whether a suspended sentence handed to a religious studies teacher who had a sex with a pupil should be reviewed.’

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BBC News, 14th January 2015

Source: www.bbc.co.uk

Director loses appeal against FCA fine and ban in conflict of interest case – OUT-LAW.com

Posted January 14th, 2015 in appeals, company directors, company law, conflict of interest, financial regulation, fines, news by sally

‘A non-executive director who failed to declare a conflict of interest has lost her appeal against the Financial Conduct Authority (FCA), which had fined her £154,800 and banned her from holding a regulated financial services role.’

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OUT-LAW.com, 13th January 2015

Source: www.out-law.com

49 year-old Rugby player’s ban doubled to 20 years for assaulting referee’ – Sports Law Bulletin from Blackstone Chambers

Posted January 12th, 2015 in appeals, assault, disciplinary procedures, news, sport by sally

On 29 September 2014 the RFU Appeal Panel, chaired by Sir James Dingemans, handed down judgment in RFU v Barry Lockwood.

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Sports Law Bulletin from Blackstone Chambers, 12th January 2015

Source: www.sportslawbulletin.org

Neuberger and Dyson to head seven-judge panel for Coventry – Litigation Futures

Posted January 12th, 2015 in appeals, banking, child abuse, costs, fees, fraud, human rights, injunctions, news, Supreme Court by sally

‘The president of the Supreme Court, Lord Neuberger, and Lord Dyson, the Master of the Rolls, will head a seven-judge panel for the eagerly awaited Coventry costs hearing on 9 February, it has been announced.’

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Litigation Futures, 9th January 2015

Source: www.litigationfutures.com

Hot, hot, hot – NearlyLegal

Posted January 12th, 2015 in appeals, benefits, housing, landlord & tenant, local government, news, tribunals by sally

‘Here is an interesting First Tier Tribunal bedroom tax appeal decision from Bexleyheath. [Decision notice]. It is a decision made after the Fife Upper Tribunal decision, but upholds the tenant’s appeal on the basis, in part, that the room is inadequately sized to be a bedroom, as well as being just too damn hot.’

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NearlyLegal, 11th January 2015

Source: www.nearlylegal.co.uk

Disabled tenants to challenge bedroom tax in supreme court – The Guardian

Posted January 12th, 2015 in appeals, benefits, disability discrimination, disabled persons, housing, landlord & tenant, news, statistics, Supreme Court by sally

‘A legal case to be heard at the supreme court will decide whether the government’s housing benefit regulations – the bedroom tax – discriminates unfairly against disabled adults. The ruling could have consequences for hundreds of thousands of people.’

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The Guardian, 10th January 2015

Source: www.guardian.co.uk

Time for a fry-up – patent claims reinterpreted in Jarden v SEB – Technology Law Update

Posted January 9th, 2015 in appeals, food, news, patents by sally

‘In a surprise end-of-year appeal success Jarden has escaped the heat of SEB’s ‘dry fryer’ patent. The apparatus claimed by the patent allows a user to produce crispy chips without needing a pan full of hot fat.’

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Technology Law Update, 8th January 2015

Source: www.technology-law-blog.co.uk

‘Deport first, appeal later’ measures start to bite – Home Office

Posted January 8th, 2015 in appeals, deportation, immigration, news by sally

‘Nearly 800 foreign criminals are being kicked out of the country as tough new ‘deport first, appeal later’ measures start to have an impact.’

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Home Office, 6th January 2015

Source: www.gov.uk/home-office

Monitoring of sex offenders by home visits does not breach human rights – Court of Appeal – UK Human Rights Blog

Posted January 8th, 2015 in appeals, human rights, news, police, sexual offences by sally

‘The law governing the monitoring of sex offenders, allowing police officers to visit the homes of registered offenders, did not constitute an unlawful interference with the offenders’ privacy rights under Article 8 of the ECHR.’

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UK Human Rights Blog, 7th January 2015

Source: www.ukhumanrightsblog.com

Judgment published where court rejected attack on conduct of ward election – Local Government Lawyer

Posted January 8th, 2015 in appeals, elections, news by sally

‘The written judgment has been published this week setting out why an Election Court dismissed a challenge to the validity of an election for a ward in the London Borough of Hackney.’

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Local Government Lawyer, 7th January 2015

Source: www.localgovernmentlawyer.co.uk

Ched Evans: the legal issues – Halsbury’s Law Exchange

Posted January 8th, 2015 in anonymity, appeals, closed circuit television, Criminal Cases Review Commission, evidence, news, rape, sport by sally

‘The “innocent man wrongly imprisoned who fights a valiant struggle to secure his freedom” is a long used trope in our culture. The hero is normally a sympathetic figure, heroically taking on the establishment.’

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Halsbury’s Law Exchange, 7th January 2015

Source: www.halsburyslawexchange.co.uk

Challenging a Refusal of Permission to Appeal by the Upper Tribunal (Administrative Appeals Chamber) in a Welfare Benefits Case – A Practice Note – Garden Court Chambers Blog

Posted January 7th, 2015 in appeals, benefits, civil procedure rules, costs, delay, judicial review, legal aid, news, tribunals by sally

‘Desmond Rutledge provides a practice note on challenging a refusal of permission to appeal by the Upper Tribunal (Administrative Appeals Chamber) in a welfare benefits case.’

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Garden Court Chambers Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

Posted January 7th, 2015 in appeals, benefits, employment, equality, judicial review, medical records, mental health, news, tribunals by sally

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

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Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Judicial toolkit for dealing with miscreant immigration lawyers – Free Movement

Posted January 7th, 2015 in appeals, barristers, immigration, judicial review, news, solicitors, witnesses by sally

‘The previously reported case of R (on the application of Bilal Mahmood) v Secretary of State for the home Department (candour/reassessment duties; ETS :alternative remedy) IJR [2014] UKUT 439 (IAC) has been re-titled and I think the headnote has been supplemented as well. The case is important on the ongoing saga of how far out of country appeals are an adequate remedy (relevant but far from determinative in the context of the very different statutory context of section 94B “deport first appeal later” certificates) and the current President’s impatience with the conduct of judicial review proceedings (see also Muwonge). The judgment goes a lot further than that though, and the headnote is very far from a complete guide to the case.’

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Free Movement, 7th January 2015

Source: www.freemovement.org.uk