Lee Rigby killer Michael Adebolajo makes appeal bid – BBC News

Posted January 31st, 2014 in appeals, murder, news by sally

‘Michael Adebolajo, who was found guilty of the murder of British soldier Lee Rigby, has lodged an application to appeal against his conviction, the Judicial Office has confirmed.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Regina v Powell (Carl) – WLR Daily

Posted January 30th, 2014 in appeals, crime, evidence, indictments, joinder, law reports by sally

Regina v Powell (Carl) [2014] WLR (D) 34

‘The statutory regimes concerning joinder of counts in an indictment and cross-admissibility of evidence were separate and the settled criteria concerning joinder had not been superseded in consequence of the changes in relation to evidence of bad character made by the Criminal Justice Act 2003.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

IM v LM and others – WLR Daily

Posted January 30th, 2014 in appeals, consent, law reports, mental health by sally

IM v LM and others [2014] EWCA Civ 37; [2014] WLR (D) 31

‘The test for determining whether a person enjoyed capacity to marry or to experience sexual relations included an evaluation of the person’s ability to use and to weigh relevant information.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) – WLR Daily

Regina (Core Issues Trust) v Transport for London (Secretary of State for Culture, Media and Sport and Minister for Women and Equalities intervening) [2014] EWCA Civ 34; [2014] WLR (D) 35

‘Where the decision of a public body was shown to be unlawful, the court should be reluctant to refuse relief on the ground that, acting lawfully, the decision-maker would have reached the same decision, particularly if the power had been exercised not for its statutory purpose but for an ulterior motive. In such a case the court should grant appropriate relief.’

WLR Daily, 27th January 2014

Source: www.iclr.co.uk

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) – Supreme Court

In the matter of an application of Raymond Brownlee for Judicial Review (AP) (Northern Ireland) [2014] UKSC 4 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) – Supreme Court

Posted January 30th, 2014 in appeals, asylum, law reports, refugees, Scotland, Supreme Court, treaties, United Nations by sally

I.A. (Appellant) v The Secretary of State for the Home Department (Respondent) (Scotland) [2014] UKSC 6 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) – Supreme Court

Posted January 30th, 2014 in appeals, confiscation, consent, law reports, Supreme Court by sally

R v Mackle (Appellant) Northern Ireland; R v Mackle No.2 (Appellant) (Northern Ireland); R v Mackle No.3 (Appellant) (Northern Ireland); R v McLaughlin (Appellant) (Northern Ireland) [2014] UKSC 5 (YouTube)

Supreme Court, 29th January 2014

Source: www.youtube.com/user/UKSupremeCourt

Devon doctor sees sentence increased – Attorney General’s Office

Posted January 30th, 2014 in appeals, doctors, news, sentencing, sexual offences, voyeurism by sally

‘The Court of Appeal has increased the sentence for Suhail Ahmed from 18 months’ imprisonment to 30 for voyeurism and sexual assault.’

Full story

Attorney General’s Office, 29th January 2014

Source: www.gov.uk/ago

Wrongly-detained Ghanaian to receive High Court damages – BBC News

Posted January 30th, 2014 in appeals, damages, detention, immigration, mental health, news by sally

‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk

Torbay sex assault doctor Suhail Ahmed sentence extended – BBC News

Posted January 30th, 2014 in appeals, doctors, news, sentencing, sexual offences, voyeurism by sally

‘A junior doctor who sexually assaulted and secretly photographed female patients during examinations has had one extra year added to his jail sentence by Court of Appeal judges.’

Full story

BBC News, 29th January 2014

Source: www.bbc.co.uk

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

Full story

Panopticon, 28th January 2014

Source: www.panopticonblog.com

Killer Paul Smith’s appeal rejected in Rosie May murder case – BBC News

Posted January 29th, 2014 in appeals, causing death of children or vulnerable adults, murder, news by sally

‘A man who killed a 10-year-old girl at a Christmas party in 2003 has lost an appeal against his conviction and sentence.’

Full story

BBC News, 28th January 2014

Source: www.bbc.co.uk

Missing terrorist suspect appeals against movement restriction – The Guardian

‘A terrorist suspect who went missing after changing into a burka at a mosque has begun an appeal against measures taken against him to protect the public.’

Full story

The Guardian, 27th January 2014

Source: www.guardian.co.uk

London transport’s ban on anti-gay ad put in doubt by court of appeal – The Guardian

‘A London transport ban on a Christian charity’s posters suggesting gay people can “move out of homosexuality” has been put in doubt by a court of appeal judgment that ordered an investigation into whether the mayor, Boris Johnson, acted “for an improper purpose”.’

Full story

The Guardian, 27th January 2014

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

‘John Tughan, barrister of 4 Paper Buildings, analyses recent judgments in public law children cases and, in particular, the Re B-S line of authorities.’

Full story

Family Law Week, 24th January 2014

Source: www.familylawweek.co.uk

Way cleared for family’s challenge over ‘do not resuscitate’ orders – The Guardian

‘Appeal court judges have cleared the way for a family to continue their legal challenge over the way decisions are made not to attempt resuscitation of critically ill patients in England.’

Full story

The Guardian, 24th January 2014

Source: www.guardian.co.uk