West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court
Supreme Court, 18th December 2014
Category: appeals
G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court
Supreme Court, 18th December 2014
AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court
Supreme Court, 18th December 2013
Shorthold tenancies and council tax liability – NearlyLegal
‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’
NearlyLegal, 3rd January 2014
Source: www.nearlylegal.co.uk
Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal
‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’
NearlyLegal, 6th January 2014
Source: www.nearlylegal.co.uk
There’s no place like HMO – Nearly Legal
‘Shah v Croydon LBC [2013] EWHC 3657 (Admin). An appeal by way of case stated from a Magistrates Court decision that a property owned by Mr Shah was an HMO and that Mr S was therefore liable for some 14 months Council Tax. And an illustration of the confusion of the multiple definitions of House in Multiple Occupation floating around.’
Nearly Legal, 19th December 2013
Source: www.nearlylegal.co.uk/blog/
Inspector acted in error in applying revoked RSS figures says Court of Appeal – OUT-LAW.com
‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’
OUT-LAW.com, 16th December 2013
Source: www.out-law.com
Regina v Williams (Dean Arthur) – WLR Daily
Regina v Williams (Dean Arthur): [2013] WLR (D) 497
‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette
‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’
Law Society’s Gazette, 18th December 2013
Source: www.lawgazette.co.uk
Children: Private Law Update (December 2013) – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.’
Family Law Week, 18th December 2013
Source: www.familylawweek.co.uk
Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph
‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’
Daily Telegraph, 18th December 2013
Source: www.telegraph.co.uk
Regina v Padda – WLR Daily
Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496
‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Sunday is not a day of rest: Christian discrimination appeal dismissed – Halsbury’s Law Exchange
‘The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.’
Halsbury’s Law Exchange, 17th December 2013
Source: www.halsburyslawexchange.co.uk
In re A (Children) (Adoption: Placement Order) – WLR Daily
In re A (Children) (Adoption: Placement Order) [2013] EWCA Civ 1611 ; [2013] WLR (D) 494
‘In making a placement for adoption order under section 21(1) of the Adoption and Children Act 2002 the court was not entitled to stipulate requirements to be met by prospective adopters.’
WLR Daily, 13th December 2013
Source: www.iclr.co.uk
Rivella International AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ( Baskaya di Baskaya Alim e C Sas intervening) – WLR Daily
‘Trade marks registered under international arrangements which had effect in a member state, as referred to in article 8(2)(a)(iii) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L78, p 1), were subject to the same system as trade marks registered in a member state, as referred to in article 8(2)(a)(ii) of the Regulation. As such, where pleaded in opposition proceedings before OHIM, they were subject to the requirement in article 42(3) of the Regulation to prove the requisite prior use, the concept of use of a Community trade mark in the European Union being exclusively and exhaustively governed by EU law.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily
‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’
WLR Daily, 11th December 2013
Source: www.iclr.co.uk
Jessie J gig murderer loses conviction appeal – BBC News
‘A man jailed for murdering a father-of-two with a bottle at an event where singer Jessie J was performing has lost his conviction and sentence appeal.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
Regina (TN (Afghanistan)) v Secretary of State for the Home Department; MA (Afghanistan) v Same – WLR Daily
‘Claimants who had unsuccessfully sought asylum and were granted at the age of 16½ discretionary leave to remain until they reached the age of 17½ had an effective remedy in judicial review to challenge the initial rejection of their asylum claims.’
WLR Daily, 12th December 2013
Source: www.iclr.co.uk
Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures
‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’
Litigation Futures, 16th December 2013
Source: www.litigationfutures.com
April Jones killer Mark Bridger to appeal against sentence – BBC News
‘April Jones’ killer Mark Bridger is to appeal against his whole-life sentence.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
