‘A High Court judge has today rejected a judicial review challenge brought by three national housebuilders over a council’s decision to agree to put a draft neighbourhood plan to a referendum.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘A local authority and a developer have won their appeal over a High Court ruling that quashed planning permission for a controversial hotel and golf complex in the Surrey Hills.’
Local Government Lawyer, 9th May 2014
Source: www.localgovernmentlawyer.co.uk
‘Campaigners have criticised the Court of Appeal after it rejected a man’s appeal against his conviction for infecting a woman with genital herpes.’
BBC News, 8th May 2014
Source:
‘Suspected terrorists subject to control orders and terrorism prevention and investigation measures who brought proceedings for abuse of process relating to the manner in which they were removed to the United Kingdom from Somaliland were entitled to see the Secretary of State’s objections to their case for alleged collusion and mistreatment. The Secretary of State was not permitted to confine reasons for rejecting their case on those issues to a closed judgment. The applicants and the public should not be denied all knowledge of the extent to which their factual and/or legal case was accepted or rejected. Such a total denial offended justice and propriety.’ WLR Daily, 2nd May 2014 Source: www.iclr.co.ukSecretary of State for the Home Department v Mohamed (formerly CC); Same v CF – WLR Daily
‘The Commercial Court has dismissed a challenge by Pakistani international bowler Danish Kaneria to a lifetime ban upheld by the Appeal Panel of the England & Wales Cricket Board’s Disciplinary Commission (“ECB”).’
Sports Law Bulletin from Blackstone Chambers, 7th May 2014
Source: www.sportslawbulletin.org
‘Danish Kaneria, the former Essex and Pakistan spinner who was given a life ban after a disciplinary panel concluded that he had encouraged a team-mate to underperform, has lost a high court fight with the England and Wales Cricket Board.’
The Guardian, 6th May 2014
Source: www.guardian.co.uk
‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’
WLR Daily, 1st May 2014
Source: www.iclr.co.uk
In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181
‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’
WLR Daily, 1st May 2014
Source: www.iclr.co.uk
Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175
‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178
‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
‘Airline passengers could be entitled to billions of pounds’ worth of compensation, depending on the outcome of two flight delay cases at the court of appeal next month.’
The Guardian, 26th April 2014
Source: www.guardian.co.uk
‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’
NearlyLegal, 24th April 2014
Source: www.nearlylegal.co.uk
‘The UK’s Employment Appeal Tribunal (EAT) will not normally be able to resolve factual disagreements between parties involved in an employment dispute without parties’ permission, the Court of Appeal has ruled.’
OUT-LAW.com, 24th April 2014
Source: www.out-law.com
‘The Supreme Court will next week hold an expedited hearing of a challenge to the Government’s introduction of the controversial “benefit cap”. The case of R on the application of SG and others (previously JS and others) (Appellants) v The Secretary of State for Work and Pensions (Respondents) will be heard over two days on 29-30 April by a panel comprising Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes.’
Local Government Lawyer, 23rd April 2014
Source: www.localgovernmentlawyer.co.uk
‘A recent Court of Appeal decision committing car company Honda to between £47 million and £70m in additional pension scheme benefits due to a mistake in one of the documents is “another lesson in the importance of getting pension scheme documents right”, an expert has said.’
OUT-LAW.com, 23rd April 2014
Source: www.out-law.com
‘God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site.’
NearlyLegal, 23rd April 2014
Source: www.nearlylegal.co.uk
‘The High Court has struck down an “unlawful and irrational” Legal Ombudsman (LeO) decision to reduce a law firm’s fee and compensate its client for distress and inconvenience.’
Legal Futures, 22nd April 2014
Source: www.legalfutures.co.uk
‘On 26 March 2014 the Supreme Court gave a lengthy judgment in Kennedy v Charity Commission [2014] UKSC 20, running to 248 paragraphs. The Supreme Court decision is full of surprises. The Court decided to depart from the arguments of the parties- the majority insisted that common law rights rather than the Human Rights Act were the key to the case; and then embarked on an extended and wide ranging obiter discussion of public law issues, revealing further disagreements between the Justices.’
UK Constitutional Law Association, 18th April 2014
Source: www.ukconstitutionallaw.org
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