Northampton man has sentence increased to life for brutal rape – Attorney General’s Office

Posted March 5th, 2014 in appeals, grievous bodily harm, news, rape, sentencing by sally

‘Gintas Burinskas’ sentence becomes one of life imprisonment with a minimum term of 6 years.’

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Attorney General’s Office, 4th March 2014

Source: www.gov.uk/ago

Mormon church loses English temple tax fight in European rights ruling – The Independent

Posted March 4th, 2014 in appeals, human rights, news, taxation by sally

‘Ordering the Mormon church to pay local property taxes on one of its English temples is not a breach of human rights, European judges have ruled.’

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The Independent, 4th March 2014

Source: www.independent.co.uk

Police forces appeal against A19 retirement ruling – BBC News

‘Five police forces have appealed against a ruling that their use of a regulation to make older officers retire was not “proportionate”.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk

Barrister who falsified qualifications disbarred after mitigation was thrown into question – Legal Futures

‘A barrister who made national headlines after it was discovered he had falsified his educational qualifications and attainments was disbarred on appeal because of fresh evidence that undermined his mitigation, it has emerged.’

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Legal Futures, 4th March 2014

Source: www.legalfutures.co.uk

Shrien Dewani extradited to South Africa ‘within 28 days’ – BBC News

Posted March 4th, 2014 in appeals, extradition, mental health, murder, news by sally

‘A man accused of arranging the murder of his wife on their honeymoon has lost his latest appeal against extradition.’

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BBC News, 3rd March 2014

Source: www.bbc.co.uk

The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) – Supreme Court

The Commissioners for H.M Revenue & Customs (Respondents) v Forde and McHugh Limited (Appellants) [2014] UKSC 14 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Coventry and others (Respondents) v Lawrence and another (Appellants) – Supreme Court

Posted March 3rd, 2014 in appeals, damages, injunctions, law reports, noise, nuisance, planning, Supreme Court by sally

Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 (YouTube)

Supreme Court, 26th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Beeres v. The CPS – Criminal Law and Justice Weekly

Posted March 3rd, 2014 in appeals, assault, domestic violence, evidence, legal representation, news, police by sally

‘Anita Beeres was convicted of assault for beating her partner John Leeson with a baseball bat during an argument at her home. Mr Leeson himself did not complain nor did he give evidence. (History does not relate how then Ms Beeres was arrested.) The only evidence against Ms Beeres was her confession, first at the time of her arrest and then again when interviewed at the police station.’

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Criminal Law and Justice Weekly, 28th February 2014

Source: www.criminallawandjustice.co.uk

Fraudulent non-disclosure: the latest Chapter – Family Law Week

‘Sarah Foreman, a solicitor at Vardags, analyses the Court of Appeal judgment in Sharland v. Sharland.’

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Family Law Week, 28th February 2014

Source: www.familylawweek.co.uk

Trade Marks: British Shorinji Kempo Federation v Shorinji Kempo Unity – NIPC Law

Posted March 3rd, 2014 in appeals, consent, intellectual property, news, trade marks by sally

‘Two interesting points arose in British Shorinji Kempo Federation v Shorinji Kempo Unity [2014] EWHC 285 (Ch) (17 Feb 2014) in which my colleague Thomas Dillon appeared for the British Shorinji Kempo Foundation (“BSKF”) on a pro bono basis. The first was what constitutes genuine use for the purpose of s.6A of the Trade Marks Act 1994. The second was the methodology by which the judge determined whether the mark that had BSKF sought to register was similar to one that had previously been registered by Shorinji Kempo Unity (“SKU”) and if so whether there was any likelihood of confusion for the purposes of s.5 (2) of the Act.’

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NIPC Law, 24th February 2014

Source: www.nipclaw.blogspot.co.uk

Human rights and public law challenge to prisoner’s release conditions fails – UK Human Rights Blog

Posted March 3rd, 2014 in appeals, human rights, judicial review, news, release on licence, terrorism by sally

‘Mr Gul had been imprisoned for a period, on 24 February 2011, for disseminating terrorist publications. When he was released on 6 July 2012, this was under licence, as is common following the release of dangerous prisoners. Mr Gul challenged some of the conditions of his licence by judicial review. The court rejected his challenge.’

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UK Human Rights Blog, 2nd March 2014

Source: www.ukhumanrightsblog.com

Wind farms: ‘Inspector Blight’ criticised by senior judges – Daily Telegraph

‘Paul Griffiths, a planning inspector nicknamed “Inspector Blight” because of the number of wind farms he has approved, is criticised in a Court of Appeal judgement over his interpretation of guidelines’

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Daily Telegraph, 28th February 2014

Source: www.telegraph.co.uk

Alan Greaves murder: Jonathan Bowling loses sentence appeal – BBC News

Posted February 28th, 2014 in appeals, murder, news, sentencing by sally

‘A man who killed an organist who was walking to church has lost an appeal against his minimum 25-year tariff.’

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BBC News, 27th February 2014

Source: www.bbc.co.uk

Cap on housing benefit is lawful, says Court of Appeal – UK Human Rights Blog

‘The Court of Appeal has rejected on all grounds a claim that the cap on housing benefit amounted to unlawful discrimination against women.’

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UK Human Rights Blog, 26th February 2014

Source: www.ukhumanrightsblog.com

Lee Rigby murder: Michael Adebolajo gets whole-life jail term – The Guardian

Posted February 27th, 2014 in appeals, murder, news, sentencing, terrorism by sally

‘The two terrorists who murdered British soldier Lee Rigby on a south London street fought with guards yesterday in the dock of the court yards from the grieving family of the soldier they butchered as a judge sentenced the mastermind of the attack to die in prison.’

Full story

The Guardian, 26th February 2014

Source: www.guardian.co.uk

Prince Charles’s letters: recipients’ identities must stay secret, say lawyers – The Guardian

Posted February 27th, 2014 in appeals, confidentiality, disclosure, freedom of information, news, royal family, veto by sally

‘The identities of the ministers who received confidential letters from Prince Charles promoting his personal views must remain concealed, government lawyers argued on Wednesday.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

Attorney General considers whether single punch killing sentence was ‘too lenient’ – Daily Telegraph

‘Dominic Grieve, the Attorney General, will decide whether to refer the four-year jail term given to Lewis Gill for the killing of Andrew Young in Bournemouth to the Court of Appeal.’

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Daily Telegraph, 26th February 2014

Source: www.telegraph.co.uk

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Landlords win legal battle over Game – Daily Telegraph

Posted February 25th, 2014 in appeals, insolvency, landlord & tenant, news, rent by sally

‘Court of Appeal ruling gives high street landlords more protection in administrations’

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Daily Telegraph, 24th February 2014

Source: www.telegraph.co.uk