Formerly known as – NearlyLegal
‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’
NearlyLegal, 6th June 2014
Source: www.nearlylegal.co.uk
Category: appeals
Internet users cannot be sued for browsing the web, ECJ rules – The Guardian
‘Internet users who visit a website are safe from the threat of a copyright lawsuit, thanks to a landmark case which concluded in the European court of justice on Thursday.’
The Guardian, 5th June 2014
Source: www.guardian.co.uk
Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian
‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’
The Guardian, 5th June 2014
Source: www.guardian.co.uk
Burrell v Micheldever Tyre Services Ltd – WLR Daily
Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716; [2014] WLR (D) 241
‘The Employment Appeal Tribunal could contain the application of the conventional approach to remittal in a number of ways, namely by (i) being robust when applying that approach, (ii) encouraging parties to consent to the Appeal Tribunal disposing of the case itself and (iii) limiting the scope of any remittal made.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
Secret terror trial is threat to open justice, human rights campaigners warn – The Guardian
‘A major criminal trial involving two men charged with serious terrorism offences could be held entirely in secret for the first time in modern British legal history.’
The Guardian, 4th June 2014
Source: www.guardian.co.uk
Court of Appeal: EAT’s role is not to rule on employment cases on their merits – OUT-LAW.com
‘The role of the UK’s Employment Appeal Tribunal (EAT) is generally limited to ruling on the lawfulness of an employment tribunal’s decisions rather than making its own assessment of a case, the Court of Appeal has confirmed.’
OUT-LAW.com, 4th June 2014
Source: www.out-law.com
Drug smuggler Lindsay Sandiford takes death penalty case to UK supreme court – The Guardian
‘A British grandmother facing execution by firing squad in Indonesia for drug smuggling has no funds to mount a legal challenge against her sentence, the UK’s highest court has been told.’
The Guardian, 4th June 2014
Source: www.guardian.co.uk
Council wins FOI battle over legal advice for whistle-blowing investigation – Local Government Lawyer
‘A council has won an appeal to the First-Tier Tribunal over its refusal to meet a freedom of information request for the disclosure of legal advice given to a consultant conducting an investigation on the authority’s behalf.’
Local Government Lawyer, 3rd June 2014
Source: www.localgovernmentlawyer.co.uk
Regina (Francis) v Secretary of State for the Home Department (Bail for Immigration Detainees intervening) – WLR Daily
‘The statutory authority deriving from paragraph 2(1) and (3) of Schedule 3 to the Immigration Act 1971 for detention pending removal of a person against whom a deportation order had been made in pursuance of a recommendation by a court was not unlimited and did not continue when there was no longer any prospect of deportation within a reasonable time.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
Hines v Lambeth London Borough Council – WLR Daily
Hines v Lambeth London Borough Council: [2014] EWCA Civ 660; [2014] WLR (D) 238
‘A person whose right to remain in the United Kingdom had expired and who sought housing assistance under the Housing Act 1996 on the basis of a derivative right of residence as a primary carer of her son, a British citizen, would be entitled to accommodation only if her son would be effectively compelled to leave the United Kingdom if she left.’
WLR Daily, 20th May 2014
Source: www.iclr.co.uk
Appeal court set for triple Mitchell showdown – Law Society’s Gazette
‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’
Law Society’s Gazette, 3rd June 2014
Source: www.lawgazette.co.uk
Succession and Sharia – NearlyLegal
‘From 1/8/1980 until his death on 19/11/2010, Mr Al-Faisal held a protected Rent Act tenancy of Flat 15, 1 Royal Avenue House, London, SW3. In 1987, Ms Al-Faisal married the Appellant, Ms Ouaha, in an Islamic marriage ceremony in London and the couple had two children in 1991 and 1994. Importantly for the purposes of this case, there was no civil ceremony.’
NearlyLegal, 1st June 2014
Source: www.nearlylegal.co.uk
Judge prevents Theresa May sending asylum-seeker back to lawless Somalia – The Independent
‘The Home Secretary, Theresa May, has been accused of acting unlawfully by forcing the removal of failed Somali asylum-seekers to Mogadishu where they fear they will be murdered by Islamic militants. In what is being seen as a test case affecting thousands of Somalis in Britain, a judge has granted an injunction at the last minute halting the removal of a 23-year-old man, identified only as Abdullah, who was due to be flown back to Mogadishu on Tuesday.’
The Independent, 3rd June 2014
Source: www.independent.co.uk
Don’t ask the surveyor – NearlyLegal
‘Windermere Marina Village v Wild [2014] UKUT 163 (LC) is an important decision about the vexed question of apportionment that arises in many residential service charge disputes.’
NearlyLegal, 2nd June 2014
Source: www.nearlylegal.co.uk
Mother who force fed baby to death wins ‘family life’ appeal to stay in Britain – Daily Telegraph
‘Foreign criminal jailed for causing death of 10-month-old daughter overturns Home Office deportation bid by arguing it would breach her human rights.’
Daily Telegraph, 2nd June 2014
Source: www.telegraph.co.uk
Family of disabled grandchild lose spare bedroom fight – BBC News
‘A couple who care for their severely disabled grandchild have lost an appeal against cuts to their housing benefits because they have a spare bedroom.’
BBC News, 30th May 2014
Source: www.bbc.co.uk
Max Clifford appeals against his sentence – Daily Telegraph
‘The disgraced PR Guru lodges an appeal against his eight year sentence for sex crimes.’
Daily Telegraph, 30th May 2014
Source: www.telegraph.co.uk
Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 3) – WLR Daily
‘A leaked diplomatic cable published on the internet by a third party did not violate the archive and documents of the diplomatic mission which sent the cable since it had already been disclosed to the world by a third party. On that narrow ground it was admissible as evidence in court. However, even if the evidence in question had been admitted, it would not have led to a different decision and therefore was not a ground for allowing the appeal.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
R (JG) v Lord Chancellor (Law Society intervening) – WLR Daily
R (JG) v Lord Chancellor (Law Society intervening) [2014] EWCA Civ 656; [2014] WLR (D) 235
‘Where a child who was a party to private law proceedings under the Children Act 1989 had the benefit of public funding in respect of his costs and the court considered that it was necessary to instruct a single joint expert to produce a report to assist the court in determining what was in the best welfare interests of the child, but the other parties had no funding and were unable to pay their share of the expert’s costs, the court could depart from the order that it would otherwise have made, to the greater cost of the publicly funded party, where the failure to adduce the expert’s report would result in a breach of one of the party’s rights under articles 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the court was not prevented from doing so by section 22(4) of the Access to Justice Act 1999. Where, in the case of a single joint expert, there was no problem over resources, there was no normal rule of equal apportionment of the costs, and that issue of apportionment was to be determined in the exercise of the court’s discretion, taking into account the particular circumstances of the case.’
WLR Daily, 21st May 2014
Source: www.iclr.co.uk
Abbey Forwarding Ltd (in liquidation) and another v Hone and others (No 3) – WLR Daily
‘When determining questions of compensation for loss arising as a result of a freezing order and the undertaking in damages therein, the correct approach was that the remote consequences of obtaining an injunction were not to be taken into account in assessing damages but that logical and sensible adjustments might well be required simply because the court was not awarding damages for breach of contract but was compensating for loss caused by the injunction which was wrongly granted.’
WLR Daily, 23rd May 2014
Source: www.iclr.org.uk
