Fraudulent non-disclosure: the latest Chapter – Family Law Week
‘Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland.’
Family Law Week, 28th February 2014
Source: www.familylawweek.co.uk
Category: appeals
Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog
‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’
UK Human Rights Blog, 2nd March 2014
Source: www.ukhumanrightsblog.com
Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph
‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’
Daily Telegraph, 28th February 2014
Source: www.telegraph.co.uk
Alan Greaves murder: Jonathan Bowling loses sentence appeal – BBC News
‘A man who killed an organist who was walking to church has lost an appeal against his minimum 25-year tariff.’
BBC News, 27th February 2014
Source: www.bbc.co.uk
Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog
‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’
UK Human Rights Blog, 26th February 2014
Source: www.ukhumanrightsblog.com
Lee Rigby murder: Michael Adebolajo gets whole-life jail term – The Guardian
‘The two terrorists who murdered British soldier Lee Rigby on a south London street fought with guards yesterday in the dock of the court yards from the grieving family of the soldier they butchered as a judge sentenced the mastermind of the attack to die in prison.’
The Guardian, 26th February 2014
Source: www.guardian.co.uk
Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian
‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’
The Guardian, 26th February 2014
Source: www.guardian.co.uk
Attorney General considers whether single punch killing sentence was ‘too lenient’ – Daily Telegraph
‘Dominic Grieve, the Attorney General, will decide whether to refer the four-year jail term given to Lewis Gill for the killing of Andrew Young in Bournemouth to the Court of Appeal.’
Daily Telegraph, 26th February 2014
Source: www.telegraph.co.uk
Regina v Price and another – WLR Daily
Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86
‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily
‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’
WLR Daily, 19th February 2014
Source: www.iclr.co.uk
Landlords win legal battle over Game – Daily Telegraph
‘Court of Appeal ruling gives high street landlords more protection in administrations’
Daily Telegraph, 24th February 2014
Source: www.telegraph.co.uk
Decision to block Prince Charles’s letters challenged – BBC News
‘A move by the government to block the release of letters from Prince of Wales to ministers are being challenged in the Court of Appeal.’
BBC News, 24th February 2014
Source: www.bbc.co.uk
Court of Appeal puts law firm in the dock after being duped in mortgage fraud – Legal Futures
‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’
Legal Futures, 25th February 2014
Source: www.legalfutures.co.uk
Regina v Pace and another – WLR Daily
Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81
‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’
WLR Daily, 18th February 2014
Source: www.iclr.co.uk
High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com
‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’
OUT-LAW.com, 19th February 2014
Source: www.out-law.com
Whole life appeal – not quite a “victory” over Strasbourg – Halsbury’s Law Exchange
‘On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs. Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness. [ … ] This article will attempt to provide a concise summary of the issues and effect of the judgment.’
Halsbury’s Law Exchange, 19th February 2014
Strasbourg law does not prevent the imposition of whole life orders for “heinous” crimes – UK Human Rights Blog
‘The Court of Appeal has today [18 February] ruled that judges can continue to impose whole life orders in accordance with Schedule 21 of the Criminal Justice Act 2003. On the facts of two individual cases, the Court increased the sentence of Ian McLoughlin to one of a whole life term for the murder of Graham Buck. The Court dismissed an appeal by Lee Newell against his whole life order for the murder of Subhan Anwar.’
UK Human Rights Blog, 18th February 2014
Source: www.ukhumanrightsblog.com
Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog
‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’
UK Human Rights Blog, 18th February 2014
Source: www.ukhumanrightsblog.com
Bedrooms and a family home – NearlyLegal
‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’
NearlyLegal, 18th February 2014
Source: www.nearlylegal.co.uk
