In re LC (Children)(Reunite International Child Abduction Centre intervening) – WLR Daily

In re LC (Children)(Reunite International Child Abduction Centre intervening) [2014] UKSC 1; [2014] WLR (D) 11

‘In determining whether an adolescent child had achieved a sufficient degree of integration into a social and family environment in a country in which she was living, so as to be habitually resident there, a relevant factor was her state of mind during that residence.’

WLR Daily, 15th January 2014

Source: www.iclr.co.uk

Onuekwere v Secretary of State for the Home Department – WLR Daily

Onuekwere v Secretary of State for the Home Department (Case C-378/12); [2014] WLR (D) 7

‘Under article 16(2) of Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states, periods of imprisonment in the host member state of a third-country national, who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods, could not be taken into consideration in the context of the acquisition by that national of the right of permanent residence for the purposes of that provision. The continuity of residence was interrupted by periods of imprisonment in the host member state of a third country national who was a family member of a Union citizen who had acquired the right of permanent residence in that member state during those periods for the purposes of article 16(2) and (3).’

WLR Daily, 16th January 2014

Source: www.iclr.co.uk

Habitual Residence and Joinder in Child Abduction Cases: The Supreme Court’s judgment in LC (Children) – Family Law Week

Posted January 20th, 2014 in appeals, child abduction, news, Supreme Court by sally

‘Katy Chokowry, barrister of 1 King’s Bench Walk, considers the Supreme Court’s judgment in LC (Children).’

Full story

Family Law Week, 19th January 2014

Source: www.familylawweek.co.uk

Network Rail appeal over Beccles crossing fine rejected – BBC News

Posted January 20th, 2014 in accidents, appeals, fines, health & safety, news, railways by sally

‘A rail firm has been told a £500,000 fine imposed after a boy was seriously injured in a crash on a Suffolk level crossing could have been much higher.’

Full story

BBC News, 17th January 2014

Source: www.bbc.co.uk

Costs judge grants relief over failure to serve N251 – yes, really! – Litigation Futures

Posted January 20th, 2014 in appeals, costs, fees, news, solicitors by sally

‘A costs judge has granted relief from sanctions in a case where the failure to serve notice of funding occurred some 15 months before the introduction of the Jackson reforms.’

Full story

Litigation Futures, 20th January 2014

Source: www.litigationfutures.com

Trains, pains and allegations: fairness in medical misconduct cases – UK Human Rights Blog

‘This appeal by Dr Chhabra was concerned with the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures introduced over eight years ago for doctors and dentists in the National Health Service. The national policy framework is known as ‘Maintaining High Professional Standards in the Modern NHS’ (MHPS), which the Trust had implemented through its own policies.’

Full story

UK Human Rights Blog, 19th January 2014

Source: www.ukhumanrightsblog.com

Court of Appeal finds 25 year murder sentence unduly lenient – Attorney General’s Office

Posted January 17th, 2014 in appeals, attorney general, murder, news, sentencing by sally

‘Minimum term of Glenn Nelson increased to 30 years for murder of Krishnamaya Mabo.’

Full story

Attorney General’s Office, 16th January 2014

Source: www.gov.uk/ago

Court of Appeal agrees to hear day centre closures case – Local Government Lawyer

Posted January 16th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by sally

‘Claimants seeking to stop the closure of day centres in Shropshire have this week been given permission to take their case to the Court of Appeal.’

Full story

Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Regina v Robinson-Pierre [2013] EWCA Crim 2396 – WLR Daily

Posted January 16th, 2014 in appeals, dogs, law reports, strict liability by sally

Regina v Robinson-Pierre [2013] EWCA Crim 2396;   [2013] WLR (D)  517

‘An offence of allowing a dog to be dangerously out of control in a public place, contrary to section 3(1) of the Dangerous Dogs Act 1991, was a strict liability offence but nevertheless required proof by the prosecution of an act or omission on the part of the defendant (with or without fault) that to some (more than minimal) degree caused or permitted that prohibited state of affairs to come about.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

Council wins tribunal appeal over disclosure of legal advice and EIR – Local Government Lawyer

‘A local authority has won an appeal in the First-Tier Tribunal over an Information Commissioner decision that it should disclose legal advice related to the redevelopment of a town centre.’

Full story

Local Government Lawyer, 15th January 2014

Source: www.localgovernmentlawyer.co.uk

Costs judge refuses relief despite “qualms” over sanction – Litigation Futures

Posted January 15th, 2014 in appeals, costs, news, penalties, practice directions by sally

‘A costs judge has refused relief from sanctions despite his “qualms” at the nature of the penalty for the breach involved.’

Full story

Litigation Futures, 14th January 2014

Source: www.litigationfutures.com

City solicitors struck off after private prosecution win High Court appeal – Legal Futures

‘Two City solicitors struck off following a rare private prosecution before the Solicitors Disciplinary Tribunal (SDT) have won a High Court battle that gives them a second chance to fight the allegations against them.’

Full story

Legal Futures, 15th January 2014

Source: www.legalfutures.co.uk

Competition round-up: January 2014 – Competition Bulletin from Blackstone Chambers

Posted January 15th, 2014 in appeals, competition, conspiracy, EC law, injunctions, jurisdiction, news by sally

‘It is again time for a round-up of recent competition law developments which have caught our attention.’

Full story

Competition Bulletin from Blackstone Chambers, 14th January 2014

Source: www.competitionbulletin.com

Mitchell solicitor rules out Supreme Court appeal – Law Society’s Gazette

‘The solicitor for MP Andrew Mitchell has confirmed that the costs appeal case is unlikely to go to the Supreme Court. Graham Atkins, founding partner at London firm Atkins Thomson, told the Gazette he had looked to have the case heard at the higher court but was advised it would not be successful.’

Full story

Law Society’s Gazette, 14th January 2014

Source: www.lawgazette.co.uk

Saudi Arabia ‘torture’ Britons told they cannot sue – BBC News

Posted January 15th, 2014 in appeals, damages, human rights, news, Saudi Arabia, state immunity, torture by sally

‘Four British men have failed to overturn a decision by the UK’s highest court which stopped them suing Saudi Arabia for alleged torture. The European Court of Human Rights (ECtHR) ruled that the men’s human rights had not been breached by the British court’s decision.’

Full story

BBC News, 14th January 2014

Source: www.bbc.co.uk

Council fends off High Court challenge over day centre closure – Local Government Lawyer

Posted January 14th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by sally

‘A High Court judge has rejected a judicial review challenge to a local authority’s decision to close a day centre for adults with a learning disability.’

Full story

Local Government Lawyer, 13th January 2014

Source: www.localgovernmentlawyer.co.uk

Mark Bridger drops appeal against whole-life sentence for murdering April Jones – Daily Telegraph

Posted January 14th, 2014 in appeals, news, sentencing by sally

‘Bridger, who was convicted of the murder of five-year-old April Jones, abandons application for permission to appeal against whole-life tariff.’

Full story

Daily Telegraph, 13th January 2014

Source: www.telegraph.co.uk

Michael Souter: Ex-BBC man to appeal against sex attack conviction – BBC News

Posted January 14th, 2014 in appeals, indecent photographs of children, news, sexual offences by sally

‘An ex-BBC presenter jailed for 22 years for sex attacks on boys is to appeal against his conviction and sentence.’

Full story

BBC News, 13th January 2014

Source: www.bbc.co.uk

Court of Appeal refuses blogger permission to appeal in libel case – Local Government Lawyer

Posted January 10th, 2014 in appeals, defamation, harassment, internet, news, perverting the course of justice by sally

‘The Court of Appeal last month refused a blogger permission to appeal in her libel claim against a council and its chief executive, it has emerged.’

Full story

Local Government Lawyer,  6th January 2014

Source: www.localgovernmentlawyer.co.uk

High Court judge dismisses office-to-home challenge by London boroughs – OUT-LAW.com

Posted January 6th, 2014 in appeals, housing, local government, London, news, planning by sally

‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’

Full story

OUT-LAW.com, 6th January 2014

Source: www.out-law.com