HS2 campaigners lose Court of Appeal challenge – BBC News
‘Campaigners have lost their latest legal challenge to the first phase of the proposed HS2 high-speed rail line.’
BBC News, 9th December 2014
Source: www.bbc.co.uk
Category: appeals
Daniel Pelka’s stepfather loses murder conviction appeal – Daily Telegraph
‘Mariusz Krezolek loses Court of Appeal bid to challenge conviction for murdering stepson Daniel Pelka, as he and boy’s mother Magdelena Luczak fail to win sentence appeal.’
Daily Telegraph, 9th December 2014
Source: www.telegraph.co.uk
Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child) v First Tier Tribunal (Criminal Injuries Compensation) – Zenith PI Blog
‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.
Zenith PI Blog, 9th December 2014
Source: www.zenithpi.wordpress.com
In re S (A Child) (Abduction: Hearing the Child) – WLR Daily
In re S (A Child) (Abduction: Hearing the Child) [2014] EWCA Civ 1557; [2014] WLR (D) 522
‘Where the court was exercising it’s inherent jurisdiction relating to the abduction or retention of a child where neither the Hague Convention on the International Aspects of Child Abduction 1980, nor article 11(2) of Council Regulation (EC) No 2201/2003 (“Brussels II revised”) applied, the same principle of effective access to justice for a child as applied to cases involving the Convention and the Regulation was engaged and the court was obliged to consider whether and how to hear the child concerned.’
WLR Daily, 4th December 2014
Source: www.iclr.co.uk
Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) – WLR Daily
‘A mother who drank alcohol to excess while she was pregnant, resulting her child being born with permanent damage from foetal alcohol spectrum disorder, was not criminally liable for administering poison to “any other person” so as to inflict grievous bodily harm contrary to section 23 of the Offences Against the Person Act 1861. Because a foetus was not “any other person” for the purposes of section 23, and the harm had been inflicted on the child while she was in the womb, the child was not entitled to criminal injuries compensation.’
WLR Daily, 4th December 2014
Source: www.iclr.co.uk
Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily
‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’
WLR Daily, 26th November 2014
Source: www.iclr.co.uk
Regina v Adebolajo and another – WLR Daily
Regina v Adebolajo and another [2014] WLR (D) 519
‘A defendant’s claim that he was a soldier of Allah who was, or believed himself to be, engaged in a war or rebellion against the United Kingdom, did not amount to a defence to a charge of the murder of an off-duty soldier.’
WLR Daily, 3rd December 2014
Source: www.iclr.co.uk
The elephant in the bedroom – NearlyLegal
‘Finally, the long awaited Upper Tribunal decision on room size and the bedroom tax has been released.’
NearlyLegal, 7th December 2014
Source: www.nearlylegal.co.uk
Venn v Secretary of State for Communities and Local Government and others – WLR Daily
‘Where a case fell within article 9(3) of the Aarhus Convention but was not a claim for judicial review and therefore not an “Aarhus Convention claim” within CPR r 45.41 it would be inappropriate for the court to relax the usual principles applying to the making of protective costs orders by nevertheless applying the costs protection regime introduced by rule 45.41.’
WLR Daily, 27th November 2014
Source: www.iclr.co.uk
Tenant wins Supreme Court fight with council over damages for unlawful eviction – Local Government Lawyer
‘A secure tenant who was unlawfully evicted from his accommodation has won his Supreme Court battle with a London council over the level of damages payable.’
Local Government Lawyer, 3rd December 2014
Source: www.localgovernmentlawyer.co.uk
Lee Rigby murder: Killer loses legal challenges – BBC News
‘Michael Adebolajo, one of the two men found guilty of killing Fusilier Lee Rigby, has lost legal challenges against his conviction and sentence.’
Full story
BBC News, 3rd December 2014
Source: www.bbc.co.uk
Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers
‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’
Full story (PDF)
New Square Chambers, 28th November 2014
Source: www.newsquarechambers.co.uk
Ched Evans: Release, Retribution and Rehabilitation – Littleton Chambers
‘In April 2012 Ched Evans, the former Wales and Sheffield United striker, was convicted of raping a 19-year-old woman in a hotel room in Rhyl, Denbighshire. It is a shocking and a wholly unacceptable crime for him to have committed.’
Littleton Chambers, 1st December 2014
Source: www.littletonchambers.com
Osman and another v Natt and another – WLR Daily
Osman and another v Natt and another [2014] EWCA Civ 1520; [2014] WLR (D) 505
‘On its proper interpretation the statutory scheme of the Leasehold Reform, Housing and Urban Development Act 1993 required the court to hold that a purported notice under section 13 claiming the right to collective enfranchisement was invalid by virtue of the non-compliance with section 13(3)(e) in failing to identify all the qualifying tenants and to state their addresses in the property. The intention of the legislature as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole.’
WLR Daily, 26th November 2014
Source: www.iclr.co.uk
Regina v Brennan – WLR Daily
Regina v Brennan [2014] EWCA Crim 2387; [2014] WLR (D) 502
‘Where, on a charge of murder, there was uncontradicted expert evidence to the effect that a defence of diminished responsibility was made out and the defendant applied at the close of evidence for the case of murder to be withdrawn, the judge should not leave the case of murder to the jury simply because the Crown wanted it to be left to the jury, but should evaluate whether a properly directed jury could properly convict of murder.’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
Regina (GE) (Eritrea) v Secretary of State for the Home Department and another – WLR Daily
‘A person who had been entitled to the provision of assistance by a local authority under the Children Act 1989 as a child in need, but to whom no assistance was in fact provided, did not fall within the definitions of “looked after” child, “relevant child” and “eligible child” in the 1989 Act and could not therefore, on attaining his majority, become a “former relevant child” for the purposes of section 23C of the 1989 Act, to whom the local authority owed continuing statutory duties for the provision of assistance. Where a local authority mistakenly but not unfairly or unlawfully concluded that a person was not a child and decided not to perform any duties towards him as a child in need under the 1989 Act, its failure to perform those duties was unlawful. The local authority could use its discretionary powers to provide services that it might have been obliged to provide if the person had been a former relevant child.’
WLR Daily, 20th November 2014
Source: www.iclr.co.uk
Yapp v Foreign and Commonwealth Office – WLR Daily
Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501
‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’
WLR Daily, 21st November 2014
Source: www.iclr.co.uk
Nakhla v General Medical Council – WLR Daily
Nakhla v General Medical Council [2014] EWCA Civ 1522; [2014] WLR (D) 510
‘In considering whether a foreign-trained surgeon had satisfied the relevant requirements, as to training and experience, for registration as a specialist, where such registration was a necessary precondition for permanent appointment as an NHS consultant, careful attention was to be given to the qualifications and experience relied upon, in particular with regard to article 8(2) of the Postgraduate Medical Education and Training Order of Council 2010.’
WLR Daily, 28th November 2014
Source: www.iclr.co.uk
Nayif v High Commission of Brunei Darrusalam – WLR Daily
Nayif v High Commission of Brunei Darrusalam [2014] EWCA Civ 1521; [2014] WLR (D) 508
‘Issue estoppel would not apply in circumstances where there had been no actual adjudication of the relevant issue and no action by a party which would justify treating him as having consented to not having the matter formally determined.’
WLR Daily, 27th November 2014
SOurce: www.iclr.co.uk
Why domestic Aarhus rules are not wide enough to comply with the Convention – UK Human Rights Blog
‘Back to Aarhus and the constant problem we have in the UK making sure that the cost of planning and environmental litigation is not prohibitively expensive.’
UK Human Rights Blog, 1st December 2014
Source: www.ukhumanrightsblog.com
