April Jones killer Mark Bridger to appeal against sentence – BBC News
‘April Jones’ killer Mark Bridger is to appeal against his whole-life sentence.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
Category: appeals
Court of Appeal issues key NPPF ruling in cases where no local plan yet – Local Government Lawyer
‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’
Local Government Lawyer, 13th December 2013
Source: www.localgovernmentlawyer.co.uk
Shortfalls, guidance and intentionality – NearlyLegal
‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.
NearlyLegal, 15th December 2013
Source: www.nearlylegal.co.uk
Man wrongly convicted of sexual assault is freed after 17 years in jail – The Guardian
‘A man who spent 17 years behind bars after being wrongly convicted of a sexual assault has been freed by the court of appeal after DNA evidence pointed to another man as the perpetrator.’
The Guardian, 13th December 2013
Source: www.guardian.co.uk
‘We tinker with assisted suicide laws at our peril’, warns Baroness Butler-Sloss – Daily Telegraph
‘Baroness Butler-Sloss’s message as Supreme Court considers landmark right-to-die challenge.’
Daily Telegraph, 15th December 2013
Source: www.telegraph.co.uk
Right-to-die challenge reaches Supreme Court – BBC News
‘Campaigners for the right to die are to have their arguments heard by the Supreme Court in the latest round of their legal battle.’
BBC News, 16th December 2013
Source: www.bbc.co.uk
Court of Appeal decision on limitation periods could have adverse consequences for contracting parties, says expert – OUT-LAW.com
‘A recent court decision which changed the point at which the six years within which a contractor must begin litigation in the courts starts to run could lead to uncertainty for the successful party to an earlier adjudication, an expert has said.’
OUT-LAW.com, 12th December 2013
Source: www.out-law.com
Gay discrimination and Christian beliefs – Bull v Hall in the Supreme Court – Legal Week
‘The recent confirmation by the Supreme Court that it was unlawful discrimination for Christian hotel owners to refuse a double-bedded room to a same-sex couple was of considerable interest as the latest in a string of high-profile cases involving religious belief and discrimination on the basis of sexual orientation (and the first such judgment involving the highest court in the land).’
Legal Week, 12th December 2013
Source: www.legalweek.com
When private counselling is a reasonable adjustment under the Equality Act? – No. 5 Chambers
‘The case of Crofts Vets and others v Butcher 2013 UKEAT/0430/12/LA and UKEAT/0562/12/LA is perhaps an unusual but important illustration of how far the duty to make reasonable adjustments under disability discrimination legislation goes (now Section 20 of the Equality Act 2010).’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Unfair dismissal complaint ‘not reasonably practicable’ despite lack of medical evidence – No. 5 Chambers
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
Susan Fricker comments on Court of Appeal judgment on jurisdictional issues – Sovereign Chambers
‘Where the jurisdiction of the court is in issue the court should make a prompt determination of jurisdiction at or near the start of proceedings. In this case that determination of jurisdiction should have concluded with a declaration pursuant to BIIR, Article 17, that the English court had no jurisdiction other than the jurisdiction to make short term, provisional protective measures pursuant to BIIR, Article 20.’
Sovereign Chambers, 4th December 2013
Source: www.sovereignchambers.co.uk
Employers must not ‘rubber stamp’ opinion of adviser on disability: CoA – Local Government Lawyer
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
Court of Appeal calls on Supreme Court to resolve conflict between UK and Strasbourg law – UK Human Rights Blog
‘The Court of Appeal has ruled that continued detention in prison following the expiry of the “minimum terms” or “tariff periods” of their indeterminate terms of imprisonment did not breach prisoners’ Convention or common law rights, but has left it to the Supreme Court to determine the substance of the Convention claims in detail.’
UK Human Rights Blog, 11th December 2013
Source: www.ukhumanrightsblog.com
The Supreme Court on “prohibitively expensive” costs: Aarhus again – UK Human Rights Blog
‘This is the last gasp in the saga on whether Mrs Pallikaropoulos should bear £25,000 of the costs of her unsuccessful 2008 appeal to the House of Lords. And the answer, after intervening trips to the Supreme Court in 2010 and to the CJEU in 2013, is a finding by the Supreme Court that she should bear those costs.’
UK Human Rights Blog, 11th December 2013
Source: www.ukhumanrightsblog.com
R (on the application of Hodkin and another) (Appellants) v Registrar General of Births, Deaths and Marriages (Respondent) – Supreme Court
Supreme Court, 11th December 2013
R (on the application of Edwards and another (Appellant) v Environment Agency and others (Respondents) – Supreme Court
Supreme Court, 11th December 2013
UK set for first Scientology Church wedding after Supreme Court rules it a ‘place of worship’ – The Independent
‘Scientologist Louisa Hodkin had brought legal action after the registrar general refused to allow her wedding service to be held at the organisation’s London chapel.’
The Independent, 11th December 2013
Source: www.independent.co.uk
Abdullahi v Bundesasylamt – WLR Daily
Abdullahi v Bundesasylamt (Case C-394/12); [2013] WLR (D) 481
‘According to article 19(2) of Council Regulation (EC) No 343/2003 of 18 February 2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national (OJ 2003 L50, p 1)), in circumstances where a member state had agreed to take charge of an applicant for asylum on the basis of the criterion laid down in article 10(1) of the Regulation—namely, as the member state of the first entry of the applicant for asylum into the European Union—the only way in which the applicant could call into question the choice of that criterion was by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that member state, which provided substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of article 4 of the Charter of Fundamental Rights of the European Union.’
WLR Daily, 10th December 2013
Source: www.iclr.co.uk
Regina (Kaiyam) v Secretary of State for Justice; Regina (Haney) v Same – WLR Daily
‘Where, in a case involving alleged breaches of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, the Court of Appeal was faced with a conflict between decisions of the House of Lords and the European Court of Human Rights, the court could in appropriate circumstances dismiss the appeal and grant permission to appeal to the Supreme Court to resolve the conflict between the domestic law and that of the European Court, without hearing argument or expressing its views on the case.’
WLR Daily, 9th December 2013
Source: www.iclr.co.uk
What use is a Zambrano right of residence? – NearlyLegal
‘A couple of years ago a lot of lawyers practising in housing, immigration and welfare benefits got very excited by the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09. The reason for this excitement was that the ECJ said that art.20, of the Treaty, required member states to grant a right of residence to a third country national, who was the primary carer of an EU national, if a refusal to would result in the EU national being forced to leave the EU..More excitingly, this applied to EU nationals who had not left their member state, i.e. it would apply to the parents of British nationals.’
NearlyLegal, 9th December 2013
Source: www.nearlylegal.co.uk
