Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by tracey

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Oboh and others v Secretary of State for the Home Department – WLR Daily

Posted November 28th, 2013 in appeals, EC law, families, freedom of movement, law reports by tracey

Oboh and others v Secretary of State for the Home Department: [2013] EWCA Civ 1525; [2013] WLR (D) 452

‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Tribunal confirms self-reporting does not provide immunity from fines but expert urges firms to self-report data breaches – OUT-LAW.com

Posted November 27th, 2013 in appeals, data protection, fines, news, tribunals by tracey

‘A new ruling issued by an Information Rights Tribunal should not deter businesses from owning up to data breaches, an expert has said.’

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OUT-LAW.com, 26th November 2013

Source:  www.out-law.com

Marine convicted of Afghan murder appeals to preserve anonymity – The Guardian

Posted November 27th, 2013 in Afghanistan, anonymity, appeals, courts martial, evidence, murder, news, video recordings by tracey

‘Lawyers for a Royal Marine convicted of murdering an injured Afghan prisoner will tell appeal court judges that he and his family could face possible revenge attacks if he is named.’

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The Guardian, 27th November 2013

Source: www.guardian.co.uk

Gay snub Cornish B&B owners lose Supreme Court appeal – BBC News

‘The owners of a Christian guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight.”

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BBC News, 27th November 2013

Source: www.bbc.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by tracey

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

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Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Court of Appeal awards council 50% of costs in youth cuts case – Local Government Lawyer

Posted November 27th, 2013 in appeals, budgets, costs, education, local government, news, young persons by tracey

‘A council has been told it can recover half of its legal costs in a case where the Court of Appeal ruled that a 70% cut to youth services was unlawful but refused to grant relief to the claimant.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

UK governments blocked investigations into Malaysian massacre cover-up – The Guardian

Posted November 27th, 2013 in appeals, armed forces, colonies, government departments, homicide, inquiries, news, police by tracey

‘British governments blocked two police investigations into the covering up of the killing by British troops of 24 unarmed rubber plantation workers during counterinsurgency operations in Malaysia nearly 65 years ago, the appeal court heard on Tuesday.’

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The Guardian, 26th November 2013

Source: www.guardian.co.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by tracey

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by tracey

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D)  450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by tracey

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

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The Independent, 25th November 2013

Source: www.independent.co.uk

The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers

Posted November 25th, 2013 in appeals, competition, conflict of laws, damages, jurisdiction, news by tracey

‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’

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Competition Bulletin from Blackstone Chambers, 24th November 2013

Source: www.competitionbulletin.com

APPGER in the Upper Tribunal – Panopticon

Posted November 25th, 2013 in appeals, freedom of information, human rights, news, rendition, tribunals by tracey

‘The Upper Tribunal has finally handed down its judgment in All Party Parliamentary Group on Extraordinary Rendition v IC & Foreign and Commonwealth Office [2013] UKUT 560 (AAC). It is a judgment of Charles and Burnett JJ and Judge Wikeley. The appeal was from an FTT judgment which is analysed in detail by Rachel Kamm here. That post also contains the background to the case. In essence, the request was made by the APPGER for information relating to the participation of the UK in the practice of extraordinary rendition.’

Full story

Panopticon, 22nd November 2013

Source: www.panopticonblog.com

Rivals can create copycat software through testing developers’ software and interpreting their user manuals, rules UK court – OUT-LAW.com

Posted November 25th, 2013 in appeals, computer programs, copyright, news by tracey

‘Businesses can replicate the way a rivals’ computer program operates by interpreting how it functions from reading user manuals or other accompanying documents their rivals produce without infringing copyright, the Court of Appeal has ruled.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

More children and housing duties – NearlyLegal

Posted November 25th, 2013 in appeals, children, disabled persons, housing, judicial review, local government, news by tracey

‘This was an an application for permission to appeal a judicial review decision on the interrelation of s.17 Children Act 1989, s.11 Children Act 2004 and the Housing Act 1996 parts 6 and 7.’

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NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

Full story

Panopticon, 21st November 2013

Source: www.panopticonblog.com

Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com

‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’

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OUT-LAW.com, 21st November 2013

Source: www.out-law.com

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Posted November 22nd, 2013 in appeals, EC law, extradition, government departments, law reports, Supreme Court, warrants by tracey

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71;   [2013] WLR (D)  446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre

Posted November 22nd, 2013 in advertising, appeals, Christianity, law reports, media by tracey

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

 

Hunger striker Isa Muazu loses release bid – The Independent

Posted November 22nd, 2013 in appeals, demonstrations, detention, immigration, news by tracey

‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’

Full story

The Independent, 21st November 2013

Source: www.independent.co.uk