“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”
Daily Telegraph, 24th October 2013
Source: www.telegraph.co.uk
“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”
UK Human Rights Blog, 23rd October 2013
Source: www.ukhumanrightsblog.com
Regina v Smith (Kim): [2013] EWCA Crim 502; [2013] WLR (D) 398
“In proceedings for a confiscation order under the Proceeds of Crime Act 2002, the fact that an offender would not be able to recover a ‘tainted gift’ from the donee did not mean that the full value of that gift should not be counted towards the recoverable amount pursuant to section 9(1)(b) of the 2002 Act.”
WLR Daily, 8th March 2013
Source: www.iclr.co.uk
“Celestina Mba, a Christian care worker, asks the Court of Appeal to rule that she should not be forced by an employer to work on Sundays.”
Daily Telegraph, 23rd October 2013
Source: www.telegraph.co.uk
“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396
“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”
WLR Daily, 21st October 2013
Source: www.iclr.co.uk
“Honeymoon murder suspect Shrien Dewani has won a further hearing in his legal battle against extradition. A panel of three High Court judges – headed by the Lord Chief Justice Lord Thomas – ruled today there are outstanding legal issues the court must decide.”
The Independent, 22nd October 2013
Source: www.independent.co.uk
“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”
Panopticon, 22nd October 2013
Source: www.panopticonblog.com
“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”
Garden Court Chambers Blog, 22nd October 2013
Source: www.gclaw.wordpress.com
“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
Mittal v Mittal: [2013] EWCA Civ ; [2013] WLR (D) 391
“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
“The spending power of former City trader, Yan Assoun, 43, was described by a family judge three months ago as ‘beyond the wildest dreams’ of his estranged wife. But with his bitter divorce battle now in the Appeal Court, he insisted: ‘I don’t have any money’.”
The Independent, 22nd October 2013
Source: www.independent.co.uk
“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”
Family Law Week, 20th October 2013
Source: www.familylawweek.co.uk
Performing Right Society Ltd v B4U Network (Europe) Ltd [2013] EWCA Civ 1236; [2013] WLR (D) 385
“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384
“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
“The High Court has comprehensively rejected the government’s bid to overturn the grant of a protective costs order (PCO) in favour of campaigners for the reburial of King Richard III in York.”
Litigation Futures, 18th October 2013
Source: www.litigationfutures.com
“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”
Education Law Blog, 18th October 2013
Source: www.education11kbw.com
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