Decision to block Prince Charles’s letters challenged – BBC News

Posted February 25th, 2014 in appeals, attorney general, disclosure, freedom of information, news, royal family, veto by sally

‘A move by the government to block the release of letters from Prince of Wales to ministers are being challenged in the Court of Appeal.’

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BBC News, 24th February 2014

Source: www.bbc.co.uk

Court of Appeal puts law firm in the dock after being duped in mortgage fraud – Legal Futures

Posted February 25th, 2014 in appeals, conveyancing, fraud, law firms, mortgages, news by sally

‘The Court of Appeal has overturned a ruling which excused from liability a law firm which was duped into releasing £150,000 of mortgage funds.’

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Legal Futures, 25th February 2014

Source: www.legalfutures.co.uk

Regina v Pace and another – WLR Daily

Posted February 21st, 2014 in appeals, attempts, law reports, proceeds of crime by sally

Regina v Pace and another [2014] EWCA Crim 186; [2014] WLR (D) 81

‘The mens rea of the offence of attempting to conceal, disguise or convert criminal property, contrary to section 327(1) of the Proceeds of Crime Act 2002, required that the defendant knew that the property was criminal property. Mere suspicion of that fact was insufficient.’

WLR Daily, 18th February 2014

Source: www.iclr.co.uk

High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

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OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Whole life appeal – not quite a “victory” over Strasbourg – Halsbury’s Law Exchange

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs. Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness. [ … ] This article will attempt to provide a concise summary of the issues and effect of the judgment.’

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Halsbury’s Law Exchange, 19th February 2014

Souce: www.halsburyslawexchange.co.uk

Strasbourg law does not prevent the imposition of whole life orders for “heinous” crimes – UK Human Rights Blog

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘The Court of Appeal has today [18 February] ruled that judges can continue to impose whole life orders in accordance with Schedule 21 of the Criminal Justice Act 2003. On the facts of two individual cases, the Court increased the sentence of Ian McLoughlin to one of a whole life term for the murder of Graham Buck. The Court dismissed an appeal by Lee Newell against his whole life order for the murder of Subhan Anwar.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog

‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’

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UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

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NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Detained David Miranda loses legal battle – BBC News

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

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BBC News, 19th February 2014

Source: www.bbc.co.uk

Ofcom order requiring BSkyB to sell wholesale access to sports channels reinstated by Court of Appeal – OUT-LAW.com

Posted February 19th, 2014 in appeals, competition, media, news, ombudsmen, sport by sally

‘The Court of Appeal has reinstated an order made by telecoms regulator Ofcom which required pay-TV operator BSkyB (Sky) to sell wholesale access to its sports channels to rival providers at a set price.’

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OUT-LAW.com, 18th February 2014

Source: www.out-law.com

Village wins four year battle against illegal travellers’ site – Daily Telegraph

Posted February 19th, 2014 in appeals, human rights, inquiries, local government, news, planning, Supreme Court, travellers by sally

‘The residents of Hardhorn, in Lancashire, won at the Supreme Court but still face a £200,000 legal bill.’

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Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Whole-life jail terms loom for Lee Rigby killers Adebolajo and Adebowale, who will be sentenced next week – The Independent

Posted February 19th, 2014 in appeals, armed forces, human rights, imprisonment, jurisdiction, murder, news, sentencing by sally

‘The two men convicted of murdering Lee Rigby will be sentenced next week, after a key ruling was handed down today regarding the use of whole-life jail terms.’

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The Independent, 18th February 2014

Source: www.independent.co.uk

Split Hearings in Care Proceedings: a Thing of the Past? – Family Law Week

Posted February 18th, 2014 in appeals, care orders, family courts, news, split hearings by sally

‘Michael Jones, barrister of 15 Winckley Square Chambers, reviews the recent Court of Appeal judgment in S (A Child) [2014] EWCA Civ 25 and considers its likely consequences.’

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Family Law Week, 18th February 2014

Source: www.familylawweek.co.uk

Whole life orders: Ian McLoughlin – Attorney General’s Office

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘Statement from the Attorney General as triple killer has sentence increased.’

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Attorney General’s Office, 18th February 2014

Source: www.gov.uk/ago

Daniel v State of Trinidad and Tobago – WLR Daily

Posted February 18th, 2014 in appeals, defences, law reports, murder, Privy Council, provocation, Trinidad & Tobago by sally

Daniel v State of Trinidad and Tobago [2014] UKPC 3; [2014] WLR (D) 73

‘A defendant charged with murder could, in certain circumstances, rely on the defence of provocation, even though he himself had generated the provocative conduct.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Court of Appeal upholds refusal of sexual entertainment venue licence – Local Government Lawyer

Posted February 18th, 2014 in appeals, licensed premises, licensing, local government, news by sally

‘The Court of Appeal has upheld a decision by a council’s licensing sub-committee to refuse to renew a licence for a sexual entertainment venue.’

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Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Hundreds of probation officers appeal against new jobs – BBC News

Posted February 18th, 2014 in appeals, contracting out, news, probation, trade unions by sally

‘Hundreds of probation officers have appealed against the jobs assigned to them under a new system due to contract out most probation work from next year.’

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BBC News, 18th February 2014

Source: www.bbc.co.uk

‘Whole life’ sentences can continue for worst offences, appeal court rules – The Guardian

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘British judges can continue to impose “whole life” prison sentences in the most heinous cases of murder, the court of appeal has ruled.’

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The Guardian, 18th February 2014

Source: www.guardian.co.uk

Discharge of duty by helping eviction – NearlyLegal

Posted February 18th, 2014 in appeals, housing, judicial review, local government, news by sally

‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’

Full story

NearlyLegal, 17th February 2014

Source: www.nearlylegal.co.uk

‘Petite’ firearms officer wins sex discrimination case because gun was too big for her hands – Daily Telegraph

Posted February 18th, 2014 in appeals, firearms, news, police, sex discrimination, tribunals, women by sally

‘Victoria Wheatley, part of the armed unit which protects the Sellafield atomic complex, could not reach her weapon’s trigger’

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Daily Telegraph, 17th February 2014

Source: www.telegraph.co.uk