Whole-life sentences ‘can be imposed despite European court’s objections’ – The Guardian

Posted January 27th, 2014 in appeals, attorney general, human rights, news, sentencing by sally

‘Whole-life sentences can still be imposed on serious and serial offenders despite objections from the European court of human rights, the court of appeal has been told.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Ian Brady’s bid for transfer to jail rejected for his own safety – The Guardian

‘Moors murderer Ian Brady’s bid to be transferred from hospital to jail was rejected for his own health and safety, a judge said on Friday.’

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The Guardian, 24th January 2014

Source: www.guardian.co.uk

Upper Tribunal on bedrooms – NearlyLegal

Posted January 27th, 2014 in appeals, benefits, carers, housing, interpretation, local government, news, tribunals by sally

‘There has been some excited talk about an Upper Tribunal decision on a Local Housing Allowance appeal which apparently offered a definition of ‘bedroom’. Obviously, as an Upper Tribunal decision, this would be binding on First Tier Tribunals, even though addressing LHA rather than the bedroom tax.’

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NearlyLegal, 26th January 2014

Source: www.nearlylegal.co.uk

Campaigner’s lawyers challenge secrecy over police spy accused of lying in court – The Guardian

‘Prosecutors are due on Monday to defend their decision to keep secret the cause of a miscarriage of justice involving an undercover police officer who allegedly used his fictitious identity in a criminal trial to conceal his covert work.’

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The Guardian, 26th January 2014

Source: www.guardian.co.uk

How whole-life sentences might comply with human rights convention – The Guardian

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘Strasbourg court found that whole-life terms breached human rights of prisoners as they did not provide any review mechanism.’

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The Guardian, 21st January 2014

Source: www.guardian.co.uk

Supreme Court rules will is valid despite admin error – Daily Telegraph

Posted January 24th, 2014 in appeals, mistake, news, rectification, Supreme Court, wills by sally

‘Alfred and Maureen Rawlings’ wills were contested after a clerical error saw them sign each other’s paperwork.’

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Daily Telegraph, 23rd January 2014

Source: www.telegraph.co.uk

Judges to hear whole-life term challenges – BBC News

Posted January 24th, 2014 in appeals, human rights, murder, news, parole, sentencing by sally

‘The Court of Appeal is due to hear major challenges to whole-life terms given to some killers.’

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BBC News, 24th January 2014

Source: www.bbc.co.uk

Davis and another v Price and another – WLR Daily

Posted January 23rd, 2014 in appeals, bankruptcy, debts, individual voluntary arrangements, law reports, news by sally

Davis and another v Price and another [2014] EWCA Civ 26; [2014] WLR (D) 16

‘The reference to a “further meeting” in section 262(4)(b) of the Insolvency Act 1986 in relation to a nominee was a reference to a “further meeting under section 257” of the Act.’

WLR Daily, 21st January 2014

Source: www.iclr.co.uk

Marley v Rawlings and another – WLR Daily

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley v Rawlings and another [2014] UKSC 2; [2014] WLR (D) 18

A will did not have to satisfy the requirements for formal validity prescribed by section 9 of the Wills Act 1837, as amended, or have the testator’s knowledge and approval before it could be treated as a “will” which was capable of being rectified under section 20 of the Administration of Justice Act 1982.

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents); R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents); R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) – Supreme Court

R (on the application of HS2 Action Alliance Limited) (Appellant) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0172; R (on the application of Heathrow Hub Limited and another) (Appellants) v The Secretary of State for Transport and another (Respondents) UKSC 2013/0173; R (on the application of Buckinghamshire County Council and others) (Appellants) v The Secretary of State for Transport (Respondent) UKSC 2013/0187

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Marley (Appellant) v Rawlings and another (Respondents) – Supreme Court

Posted January 23rd, 2014 in appeals, law reports, mistake, rectification, solicitors, Supreme Court, wills by sally

Marley (Appellant) v Rawlings and another (Respondents) [2014] UKSC 2 | UKSC 2012/0057 (YouTube)

Supreme Court, 22nd January 2014

Source: www.youtube.com/user/UKSupremeCourt

Royal wedding protesters lose court appeal against Metropolitan Police – The Independent

Posted January 23rd, 2014 in appeals, demonstrations, news, police, stop and search by sally

‘Republican activists who protested at the wedding of Prince William and Kate Middleton lost a legal appeal on Wednesday, against a ruling on the conduct of the Metropolitan Police.’

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The Independent, 22nd January 2014

Source: www.independent.co.uk

Habitual Residence – the state of mind of the child – the Supreme Court advances the ‘increasing recognition of children as people with a part to play in their own lives, rather than as passive recipients of their parents’ decision.’ – Sovereign Chambers

Posted January 22nd, 2014 in appeals, children, news, residence orders, Supreme Court by sally

‘In relation to an adolescent child, is the state of mind of the child relevant to whether or not habitual residence has been acquired in the place where the child is living?’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

Another one bites the dust – life post Jackson and “Mitchell” – Sovereign Chambers

Posted January 22nd, 2014 in appeals, civil procedure rules, disclosure, news, sanctions by sally

‘This is an important case on the question of the correct approach where there has been default in respect of a sanction imposed by the court under the new “post- Jackson” regime, both in terms of the appropriate structure of applications for relief against sanctions. The Court of Appeal overturned the decision of the deputy high court judge and refused to entertain a second application for relief against sanctions where a previous judge had ordered that the defence and counterclaim be struck out.
The history of litigation and orders is slightly complex but has to be understood.’

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Sovereign Chambers, 20th January 2014

Source: www.sovereignchambers.co.uk

How long do I have? – Hardwicke Chambers

Posted January 22nd, 2014 in appeals, arbitration, contracts, limitations, news, restitution by sally

‘Until recently it was unclear how long a party who lost in an adjudication, and had to pay money to the winning party, had to bring a subsequent claim for recovery of those monies. The position has recently been resolved by the Court of Appeal in the case of Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc [2013] EWCA Civ 1541 but the discussion had started earlier with the case of Jim Ennis Construction Ltd v Premier Asphalt Ltd [2009] EWHC 1906 (TCC).’

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Hardwicke Chambers, 15th January 2014

Source: www.hardwicke.co.uk

Mitchell Part Two: a practical view from the Bar – Littleton Chambers

Posted January 22nd, 2014 in appeals, case management, civil procedure rules, delay, news, sanctions by sally

‘In his monthly column, James Bickford Smith discusses Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 in which the Court of Appeal, after its decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, took further eye-catching steps to impose the new approach to relief from sanctions.’

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Littleton Chambers, 8th January 2014

Source: www.littletonchambers.com

Court of Appeal ignores Strasbourg ruling on police detention – BBC News

Posted January 22nd, 2014 in appeals, demonstrations, detention, human rights, news, police by sally

‘The Court of Appeal has backed the police over “pre-emptive” arrests during the 2011 Royal Wedding – and ignored a European Court ruling on the issue.’

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BBC News, 22nd January 2014

Source: www.bbc.co.uk

Birmingham riots: Conviction and sentence appeals dismissed – BBC News

Posted January 22nd, 2014 in appeals, arson, firearms, news, sentencing, violent disorder by sally

‘Seven men who were detained after shots were fired at police during riots have had appeals against their sentences and convictions dismissed.’

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BBC News, 21st January 2014

Source: www.bbc.co.uk

Man jailed for life for rape gets two-year reduction in minimum term – The Guardian

Posted January 22nd, 2014 in appeals, news, parole, rape, sentencing by sally

‘A man jailed for life last year after being convicted of raping a woman in her bedroom in 1997 has won a two-year reduction in his minimum term.’

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The Guardian, 21st January 2014

Source: www.guardian.co.uk

CoA blocks CIA drones challenge – The Lawyer

Posted January 21st, 2014 in appeals, crime, intelligence services, murder, news, weapons by sally

‘The Court of Appeal (CoA) has thrown out a claim challenging the legality of British involvement in US drone strikes because any judgment would be a condemnation of US foreign policy.’

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The Lawyer, 21st January 2014

Source: www.thelawyer.com