‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
‘A four-and-a-half-year jail sentence handed to a man who killed a man with Asperger’s syndrome with a single punch in an unprovoked attack has been referred to the court of appeal for review.’
The Guardian, 20th March 2014
Source: www.guardian.co.uk
‘Information stored electronically does not constitute property which someone can exercise possession of, judges in the UK have ruled.’
OUT-LAW.com, 20th March 2014
Source: www.out-law.com
‘The power given to a local planning authority by section 61G(5) of the Town and Country Planning Act 1990, as inserted) to determine whether a specified area was “an appropriate area” to be designated as a neighbourhood area necessarily conferred on the authority a broad discretion. The purpose of such designation was to define the area within which a neighbourhood forum (outside the area of a parish council) was authorised to exercise certain planning powers: the making of a neighbourhood plan and/or a neighbourhood development order, so that determining appropriateness might require regard to be had to a wide range of planning considerations.’
WLR Daily, 6th March 2014
Source: www.iclr.co.uk
‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’
BBC News, 19th March 2014
Source: www.bbc.co.uk
‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’
Daily Telegraph, 18th May 2014
Source: www.telegraph.co.uk
‘As promised last week, this post contains a slightly fuller account of the Court of Appeal’s judgment in R (Evans) v HM Attorney General [2014] EWCA Civ 254. The history of the case is manifold and has been covered on this blog innumerable times (see: here, here and here). In essence, the Upper Tribunal held in a very lengthy judgment that some of the correspondence written by Prince Charles to various governmental departments ought to be disclosed in the public interest. The Attorney General then issued his statement of reasons under section 53 FOIA, which has the effect of vetoing the judicial decision. On any view, the veto is a highly unusual provision. The Divisional Court dismissed the judicial review of that veto. Mr Evans, a Guardian journalist, appealed.’
Panopticon, 18th March 2014
Source: www.panopticonblog.com
‘A successful FTT bedroom tax appeal in Birkenhead has raised some new questions over ‘room use’ as an argument.’
NearlyLegal, 17th March 2014
Source: www.nearlylegal.co.uk
‘The Howard League and the Prisoners’ Advice Service (PAS) this morning announced that they will appeal a decision by the High Court to dismiss their challenge to legal aid cuts for prisoners.’
LegalVoice, 17th March 2014
Source: www.legalvoice.org.uk
‘Desmond Rutledge examines why the Court of Appeal in MA and Others refused to apply the reasoning in Burnip to disabled adults in the social sector who need an extra bedroom.’
Garden Court Chambers, 17th March 2014
Source: www.gclaw.wordpress.com
Your Response Ltd v Datateam Business Media Ltd: [2014] EWCA Civ 281; [2014] WLR (D) 131
‘The exercise of a common law lien was not available over an electronic database as the electronic database was not property susceptible of possession which was capable of being subject to larceny or conversion or being taken in execution.’
WLR Daily, 14th March 2014
Source: www.iclr.co.uk
‘The high court has rejected a challenge by charities working with prisoners over legal aid cuts introduced by the justice secretary, Chris Grayling. The Howard League for Penal Reform and the Prisoners Advice Service said vulnerable people in the prison system, including inmates with mental health problems and women with babies, would suffer injustice following the removal of the right to criminal legal aid in many prison law cases. Lady Justice Rafferty and Mr Justice Cranston, sitting in London on Monday, said they could “well understand the concerns” raised by the new regulations, introduced in December by Grayling, who is also the lord chancellor. “But we simply cannot see, at least at this point in time, how these concerns can arguably constitute unlawful action by the lord chancellor. For the time being, the forum for advancing these concerns remains the political.” ‘
The Guardian, 17th March 2014
Source: www.guardian.co.uk
‘A former Mafia boss wanted in Italy for extortion and other crimes has won his battle against extradition, after a ruling in an entirely unconnected case expressed concern over the conditions of Italian prisons.’
Daily Telegraph, 17th March 2014
Source: www.telegraph.co.uk
‘After reference from Solicitor General, Court of Appeal increases sentence of Lee David Hosking from 9 and a half years’ imprisonment to 13.’
Attorney General’s Office, 14th March 2014
Source: www.gov.uk/ago
‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
Mohamoud v Birmingham City Council: [2014] EWCA Civ 227; [2014] WLR (D) 119
‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’
WLR Daily, 7th March 2014
Source: www.iclr.co.uk
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