R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) – Supreme Court

R (on the application of T and another) (Respondents) v Secretary of State for the Home Department and another (Appellants) [2014] UKSC 35 (YouTube)

Supreme Court, 18th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Do Not Resuscitate notices: Patients’ rights under Article 8 – UK Human Rights Blog

‘The Court of Appeal has declared that the failure of a hospital to consult a patient in their decision to insert a Do Not Attempt Cardiopulmonary Resuscitation Notice in her notes was unlawful and in breach of her right to have her physical integrity and autonomy protected under Article 8.’

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UK Human Rights Blog, 17th June 2014

Source: www.ukhumanrightsblog.com

Kevin Nunn: Judges to rule over fresh forensic tests eight years after murder conviction – The Independent

Posted June 18th, 2014 in appeals, disclosure, evidence, forensic science, murder, news, Supreme Court by sally

‘A salesman serving life in prison for murdering his former girlfriend will today find out the result of his Supreme Court fight to have key forensic exhibits retested.’

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The Independent, 18th June 2014

Source: www.independent.co.uk

Criminal records: Supreme Court to rule whether job applicants have to come clean over convictions – The Independent

‘The Supreme Court is today due to rule whether job applicants should be forced to disclose all convictions to certain potential employers.’

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The Independent, 18th June 2014

Source: www.independent.co.uk

Hitmen who killed boy by mistake lose appeal against 40-year jail terms – The Guardian

Posted June 17th, 2014 in appeals, murder, news, sentencing by sally

‘Two hitmen who stabbed an innocent schoolboy to death by mistake in a “callous and cruel” attack have lost appeals against their 40-year minimum jail terms.’

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The Guardian, 17th June 2014

Source: www.guardian.co.uk

The secret trial controversy – how open will this newly opened justice be? – Legal Week

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Legal Week, 16th June 2014

Source: www.legalweek.com

Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

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BBC News, 17th June 2014

Source: www.bbc.co.uk

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

What’s the Din?* – NearlyLegal

Posted June 16th, 2014 in appeals, homelessness, housing, interpretation, local government, news by sally

‘In Haile v Waltham Forest LBC [2014] EWCA Civ 792, the question for the Court of Appeal was the relevant date for determining whether an applicant is intentionally homeless. On the facts, this was a significant question: Ms Haile had left her room in a hostel on 25th October 2011 to go to stay with a friend. Only one person was entitled to occupy the room. She said that she left the room because of unpleasant smells in the hostel. At the time she left the room, she was pregnant and she gave birth to the beautifully named Delina on 15th February 2012. Now, clearly, as of Delina’s birth, the room would not have been reasonable for Ms Haile to continue to occupy because more than one person would be occupying it in breach of the tenancy agreement. However, the council found her intentionally homeless because they did not accept that, as of 25th October 2011, the smells into the room made it not reasonable to continue to occupy.’

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NearlyLegal, 16th June 2014

Source: www.nearlylegal.co.uk

Former landlords and s.20B LTA 1985 – NearlyLegal

Posted June 16th, 2014 in appeals, landlord & tenant, leases, news, service charges, water companies by sally

‘In Ground Rents (Regisport) Ltd v Dowlen [2014] UKUT 144 (LC), the Upper Tribunal (Lands Chamber) had to – once again – grapple with s.20B, Landlord and Tenant Act 1985. The facts are quite straightforward. Imagine, if you will, that there is a modern development of three blocks of flats. It was developed by Countryside Properties (UK) Ltd, who were also the original landlords under all the long leases. Once the leases had been created, the freehold was transferred to the appellant.’

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NearlyLegal, 13th June 2014

Source: www.nearlylegal.co.uk

Family court case spanning 13 years is ‘longest case’ in history, judge says – Daily Telegraph

Posted June 16th, 2014 in appeals, children, contact orders, family courts, news by sally

‘A family court case which has taken almost 13 years is believed by a judge to be the longest running in history.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Taxman wins fight to close property tax loophole – Daily Telegraph

Posted June 16th, 2014 in appeals, housing, mortgages, news, stamp duty, taxation by sally

‘A High Court ruling has sided with the taxman over legislation introduced last year which aims to stop wealthy property buyers avoid paying tens of thousands of pounds in stamp duty.’

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Daily Telegraph, 13th June 2014

Source: www.telegraph.co.uk

Appeal court raises murder jail term of Adam Singer – BBC News

Posted June 13th, 2014 in appeals, domestic violence, murder, news, sentencing by sally

‘A father who killed his ex-girlfriend while their young daughter slept upstairs has had his minimum jail term increased at the Court of Appeal to 23 years.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

Supreme Court reduces religious no-go area for courts – UK Human Rights Blog

Posted June 12th, 2014 in appeals, charities, jurisdiction, news, Supreme Court, trusts by sally

‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’

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UK Human Rights Blog, 11th June 2014

Source: www.ukhumanrightsblog.com

Lord Dyson to rule on whether cheque for court fees should have been put in Christmas post – Litigation Futures

Posted June 12th, 2014 in appeals, case management, courts, fees, news, sanctions, solicitors by sally

‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’

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Litigation Futures, 12th June 2014

Source: www.litigationfutures.com

‘Secret’ terror trial ruling due at Old Bailey – BBC News

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures

‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’

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Litigation Futures, 11th June 2014

Source: www.litigationfutures.com

Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

No separate licence needed for internet browsing – Public Relations Consultants v Newspaper Licensing Agency – Technology Law Update

Posted June 9th, 2014 in appeals, copyright, EC law, internet, licensing, news, Supreme Court by sally

‘Copyright law struggles to keep up with developing technology. In February’s Svensson decision the European court said that using hyperlinks to access material already freely available on the internet did not infringe.’

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Technology Law Update, 9th June 2014

Source: www.technology-law-blog.co.uk

Supreme Court to rule on status of Sikh ‘saint’ – The Independent

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

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The Independent, 8th June 2014

Source: www.independent.co.uk