Whole-life sentences verdict due – The Guardian

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

‘Leading judges are to give a crucial ruling on Tuesday on whether whole-life sentences are legal.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

Dispute over traffic orders and equality duty set for Court of Appeal – Local Government Lawyer

Posted February 17th, 2014 in appeals, equality, local government, news, road traffic by sally

‘A county council this week won a High Court battle over its decision to end blue-badge access to part of a town centre, but the case looks certain to end up in the Court of Appeal.’

Full story

Local Government Lawyer, 14th February 2014

Source: www.localgovernmentlawyer.co.uk

Getting section 146 notices right: Anders v Haralambous – Hardwicke Chambers

Posted February 14th, 2014 in appeals, covenants, leases, news, repossession by sally

‘Despite the 146 notice having been around, in one form or another, for more than 130 years, it is still causing as much angst as ever. The High Court appeal in Anders v Haralambous [2013] EWHC 2676 (QB), in which John de Waal QC acted for the Respondent, highlights the added complication of the interaction between s146 and the determination of breach pursuant to s168 of the Commonhold and Leasehold Reform Act 2002.’

Full story

Hardwicke Chambers, 4th February 2014

Source: www.hardwicke.co.uk

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

Full story

OUT-LAW.com, 13th February 2014

Source: www.out-law.com

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

Posted February 13th, 2014 in appeals, deportation, evidence, immigration, law reports by sally

Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60

‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina v Mitchell (William) – WLR Daily

Posted February 13th, 2014 in appeals, crime, law reports, misfeasance in public office, paramedics by sally

Regina v Mitchell (William) [2014] WLR (D) 61

‘To be the holder of a public office a person had to owe duties to the public over and above duties owed to individual citizens. Therefore a paramedic who did not owe such duties was not a holder of a public office.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Ministry of Defence v Kemeh – WLR Daily

Posted February 13th, 2014 in agency, appeals, armed forces, law reports, race discrimination by sally

Ministry of Defence v Kemeh [2014] EWCA Civ 91; [2014] WLR (D) 59

‘Common law principles of agency were applicable when considering section 32(2) of the Race Relations Act 1976.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

High Court throws out Legal Ombudsman ruling, branding it ‘irrational’ – The Lawyer

Posted February 13th, 2014 in appeals, barristers, complaints, fees, legal ombudsman, news by sally

‘The High Court has slammed the Legal Ombudsman (LeO) over its decision to order a barrister to reimburse fees to a client, branding the LeO ruling “irrational”.’

Full story

The Lawyer, 12th February 2014

Source: www.thelawyer.com

Regina v Avanzi – WLR Daily

Regina v Avanzi [2014] extempore; [2014] WLR (D) 55

‘When at issue, the burden of proving incapacity under the Sexual Offences Act 2003 fell on the party asserting it, namely the Crown, who had to discharge the burden to the criminal standard of proof and make the jury sure the complainant did not have the capacity to consent.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Posted February 12th, 2014 in appeals, EC law, employment tribunals, equality, judicial review, law reports by sally

Regina (UNISON) v Lord Chancellor (Equality and Human Rights Commission intervening) [2014] EWHC 218 (Admin); [2014] WLR (D) 57

‘The level of fees to be paid under the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013 did not breach European Union principles of effectiveness or equivalence.’

WLR Daily, 7th February 2014

Source: www.iclr.co.uk

Salliss v Hunt – WLR Daily

Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56

‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina v Walker & Son (Hauliers) Ltd – WLR Daily

Regina v Walker & Son (Hauliers) Ltd [2014] EWCA Crim 100; [2014] WLR (D) 49

‘If a defendant knew that waste operations were occurring on his land, ignorance of the fact that such operations were being carried out in breach of the requirement for an environmental permit was no defence to a charge of knowingly permitting the operation of a regulated facility without an environmental permit.’

WLR Daily, 6th February 2014

Source: www.iclr.co.uk

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) – WLR Daily

Regina (Roberts) v Commissioner of Police of the Metropolis and another (Liberty intervening) [2014] EWCA Civ 69; [2014] WLR (D) 50

‘Section 60 of the Criminal Justice and Public Order Act 1994 did not confer an arbitrary power and was compatible with article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 4th February 2014

Source: www.iclr.co.uk

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

What’s in a name? – Court of Appeal gives judgment in Edem – Panopticon

Posted February 10th, 2014 in appeals, data protection, interpretation, names, news, privacy by sally

‘Deciding whether information which arguably relates to an individual amounts to their “personal data” for the purposes of s. 1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. In making the judgment call in any particular case, data controllers have routinely looked to the guidance set out Auld LJ’s judgment in the well known case of Durant v Financial Services Act [2003] EWCA Civ 1746, [2011] 1 Info LR 1. In his judgment, Auld LJ indicated that there were two “notions” likely to be of assistance when it came to determining whether particular data was sufficiently “personal” that if tell within the scope of the DPA.’

Full story

Panopticon, 7th February 2014

Source: www.panopticonblog.com

Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

Full story

Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

High Court quashes “irrational” LeO decision against barrister but upholds record SDT fine – Legal Futures

‘A High Court judge has overturned a Legal Ombudsman (LeO) decision that a barrister had not earned his fee, but separately upheld a Solicitors Disciplinary Tribunal (SDT) decision to hand out a record fine.’

Full story

Legal Futures, 7th February 2014

Source: www.legalfutures.co.uk

Barrister who intentionally misled client over appeal to be disbarred – Bar Standards Board

Posted February 7th, 2014 in appeals, barristers, disciplinary procedures, drafting, news, professional conduct by sally

‘A public disciplinary tribunal has this week ordered the disbarment of a barrister for intentionally misleading his client by drafting false grounds of appeal – despite knowing there were none.’

Full story

Bar Standards Board, 5th February 2014

Source: www.barstandardsboard.org.uk

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt