Category: appeals

Hospital closures and the rule of law – UK Human Rights Blog

Posted November 12th, 2013 in appeals, consultations, hospitals, news, rule of law by tracey

“Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013. It takes a bit of time to close a hospital or make major changes to it. This is because you must go through a complicated set of consultations with all those likely to be affected before action can be taken. Many, if not most, people say this is a good thing, and Parliament has embedded these duties of consultation in the law.”

Full story

UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

Sex in the IPT – Panopticon

Posted November 12th, 2013 in appeals, investigatory powers, news, police, stay of proceedings, tribunals by tracey

“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”

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Panopticon, 8th November 2013

Source: www.panopticonblog.com

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by tracey

Marwaha and others v Singh and others: [2013] WLR (D) 429

“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Supreme Court finds HMRC entitled to tax under dispute where taxpayer left it to HMRC to calculate the tax – OUT-LAW.com

Posted November 11th, 2013 in appeals, economic loss, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by michael

“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

Muslim family challenges ‘do not resuscitate’ ruling over gravely ill man – The Guardian

Posted November 11th, 2013 in appeals, Court of Protection, families, Islam, medical treatment, news by michael

“Court of Protection will hear Liverpool family’s lawyers argue that Qur’an calls for life to be preserved at all costs.”

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The Guardian, 9th November 2013

Source: www.guardian.co.uk

Bexleyheath killer Nicola Edgington loses appeal bid – BBC News

Posted November 8th, 2013 in appeals, attempted murder, attempts, mental health, murder, news, sentencing by tracey

“A psychiatric patient who stabbed a woman to death in a London street has lost a bid to appeal against her conviction and sentence.”

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BBC News, 8th November 2013

Source: www.bbc.co.uk

Decision to cut youth services by 70% was unlawful, says Court of Appeal – Local Government Lawyer

Posted November 8th, 2013 in appeals, education, equality, local government, news, young persons by tracey

“A council acted unlawfully in 2012 when it cut youth services by more than 70% over a three-year period, the Court of Appeal has ruled.”

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Local Government Lawyer, 7th November 2013

Source: www.localgovernmentlawyer.co.uk

Publishers lodge appeal over ruling against judicial review of royal charter – The Guardian

Posted November 7th, 2013 in appeals, charters, injunctions, judicial review, media, news by tracey

“Industry takes case to court of appeal after high court rejected its application for an emergency injunction over new press regulator.”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

M25 rapist Antoni Imiela denied appeal against conviction – BBC News

Posted November 7th, 2013 in appeals, news, rape, recidivists by tracey

“Serial rapist Antoni Imiela has been denied leave to appeal against his 2012 conviction for a rape attack on Christmas Day 1987.”

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BBC News, 7th November 2013

Source: www.bbc.co.uk

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by tracey

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

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Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Tax avoiders don’t have human rights – Philippa Whipple QC – UK Human Rights Blog

Posted November 7th, 2013 in appeals, disclosure, HM Revenue & Customs, human rights, news, tax avoidance by tracey

“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”

Full story

UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Sexual liaisons by undercover police officers could be authorised by RIPA – UK Human Rights Blog

Posted November 7th, 2013 in appeals, investigatory powers, news, police, stay of proceedings by tracey

“AJA and others v Commissioner of Police for the Metropolis [2013] EWCA Civ 1342. The words ‘personal or other relationship’ in the section 26(8)(a) Regulation of Investigatory Powers Act 2000 included intimate sexual relationships so that the Investigatory Powers Tribunal had jurisdiction to hear the appellants’ claims that their human rights had been violated by undercover police officers who had allegedly had sexual relationships with them.”

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UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Accept no substitutes – NearlyLegal

Posted November 7th, 2013 in appeals, disabled persons, harassment, homelessness, housing, local government, news, rape, victims by tracey

“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”

Full story

NearlyLegal, 6th November 2013

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

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening) – WLR Daily

Posted November 7th, 2013 in appeals, health, hospitals, law reports, medical treatment, mental health, Supreme Court by tracey

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening): [2013] UKSC 67;   [2013] WLR (D)  421

“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

 

Five disabled people win independent living fund appeal – The Guardian

Posted November 6th, 2013 in appeals, benefits, care workers, consultations, disabled persons, equality, news, statutory duty by sally

“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

Sannie and another v Secretary of State for the Home Department – WLR Daily

Posted November 6th, 2013 in appeals, immigration, law reports, ministers' powers and duties, tribunals by sally

Sannie and another v Secretary of State for the Home Department [2013] WLR (D) 419

“A European Economic Area residence card did not exist in perpetuity once granted and the Secretary of State for the Home Department could revoke a residence card if a lack of entitlement was established.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Curtains for the French Blocking Statute? – Competition Bulletin from Blackstone Chambers

Posted November 5th, 2013 in appeals, competition, disclosure, foreign jurisdictions, news by sally

“Never the most celebrated actor on the stage of English litigation, the French Blocking Statute nonetheless has its fans, particularly among competition lawyers. The recent decision of the Court of Appeal in Secretary of State for Health v Servier Laboratories [2013] EWCA Civ 1234, however, may prove the Statute’s final curtain call in this jurisdiction.”

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Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk