Category: appeals

Isis Investments Ltd v Oscatello Investments Ltd and others – WLR Daily

Posted November 29th, 2013 in appeals, banking, conflict of interest, EC law, jurisdiction, law reports by sally

Isis Investments Ltd v Oscatello Investments Ltd and others [2013] EWCA Civ 1493; [2013] WLR (D) 459

“Articles 10(2)(e) and 32 of Council Directive 2001/24/EC required a careful construction of the phrases ‘lawsuits pending’ and ‘pending lawsuit’ if one were to rely on the provisions in order to permit a departure from the general principle contained within article 10(1) that a credit institution should be wound up in accordance with the laws of its home member state.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

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

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Bull and another (Appellants) v Hall and another (Respondents) On Appeal from the Court of Appeal (Civil Division) (England and Wales) – Supreme Court

Posted November 29th, 2013 in appeals, Christianity, homosexuality, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73 | UKSC 2012/0065 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Mairead Philpott appeals against length of sentence for killing children – The Guardian

Posted November 29th, 2013 in appeals, homicide, media, news, sentencing by sally

“A woman jailed for 17 years for killing her six children in a house fire is to launch another attempt to challenge the length of her sentence.”

Full story

The Guardian, 29th November 2013

Source: www.guardian.co.uk

Court of Appeal warns of “change in culture” as it upholds cost sanctions against Andrew Mitchell – OUT-LAW.com

Posted November 28th, 2013 in appeals, budgets, costs, news, solicitors by sally

‘It would have been a “major setback” to the civil court costs reforms to overturn a High Court judgment preventing former Conservative chief whip Andrew Mitchell from claiming anything more than court fees in his legal action against The Sun, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 28th November 2013

Source: www.out-law.com

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by sally

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

IPCom GmbH & Co KG v HTC Europe Co Ltd and others – WLR Daily

Posted November 28th, 2013 in appeals, law reports, patents, stay of proceedings by sally

IPCom GmbH & Co KG v HTC Europe Co Ltd and others: [2013] EWCA Civ ;   [2013] WLR (D)  456

‘The Court of Appeal gave guidance concerning the circumstances in which an English court should grant a stay of patent proceedings pending the outcome of parallel proceedings in the European Patent Office.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Preddy v Bull and another; Hall v Same – WLR Daily

Posted November 28th, 2013 in appeals, hotels, human rights, law reports, sexual orientation discrimination, Supreme Court by sally

Preddy v Bull and another; Hall v Same: [2013] UKSC 73;   [2013] WLR (D)  454

‘The refusal of hoteliers, who believed that sex outside marriage was sinful, to provide a same sex couple who were in a civil partnership with a double-bedded room because they were not married constituted unlawful discrimination on grounds of sexual orientation. The limitation on the hoteliers’ right to manifest their religion was justified as a proportionate means of achieving the legitimate aim of protecting the rights and freedoms of others.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Resolution Chemicals Ltd v H Lundbec A/S – WLR Daily

Posted November 28th, 2013 in appeals, bias, expert witnesses, judges, law reports, recusal by sally

Resolution Chemicals Ltd v H Lundbec A/S: [2013] EWCA Civ 1515;   [2013] WLR (D)  453

‘The fair-minded and informed observer, having considered the facts, would not conclude that there was a real possibility that the judge would be subconsciously biased in his assessment of the evidence of an expert witness in a patent action where the witness had been the judge’s research supervisor at university.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Oboh and others v Secretary of State for the Home Department – WLR Daily

Posted November 28th, 2013 in appeals, EC law, families, freedom of movement, law reports by sally

Oboh and others v Secretary of State for the Home Department: [2013] EWCA Civ 1525; [2013] WLR (D) 452

‘Article 3(2(a) of the Parliament and Council Directive 2004/38/EC did not give the right to the dependent relatives of an EU citizen in a member state to freely move and reside in another member state if the dependency on the EU citizen or membership of his or her household arose only after they had arrived in the member state.’

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Tribunal confirms self-reporting does not provide immunity from fines but expert urges firms to self-report data breaches – OUT-LAW.com

Posted November 27th, 2013 in appeals, data protection, fines, news, tribunals by sally

‘A new ruling issued by an Information Rights Tribunal should not deter businesses from owning up to data breaches, an expert has said.’

Full story

OUT-LAW.com, 26th November 2013

Source:  www.out-law.com

Marine convicted of Afghan murder appeals to preserve anonymity – The Guardian

Posted November 27th, 2013 in Afghanistan, anonymity, appeals, courts martial, evidence, murder, news, video recordings by sally

‘Lawyers for a Royal Marine convicted of murdering an injured Afghan prisoner will tell appeal court judges that he and his family could face possible revenge attacks if he is named.’

Full story

The Guardian, 27th November 2013

Source: www.guardian.co.uk

Gay snub Cornish B&B owners lose Supreme Court appeal – BBC News

Posted November 27th, 2013 in appeals, Christianity, damages, homosexuality, hotels, news, sexual orientation discrimination, Supreme Court by sally

‘The owners of a Christian guesthouse who were ordered to pay damages for turning away a gay couple have lost their UK Supreme Court fight.”

Full story

BBC News, 27th November 2013

Source: www.bbc.co.uk

Court of Appeal upholds strict costs rule in Mitchell case – Law Society’s Gazette

Posted November 27th, 2013 in appeals, budgets, costs, defamation, fees, media, news, solicitors, time limits by sally

‘The Court of Appeal today upheld a strict costs judgment in a landmark case which establishes the court’s post-Jackson hardline approach to costs budgeting.’

Full story

Law Society’s Gazette, 27th November 2013

Source: www.lawgazette.co.uk

Court of Appeal awards council 50% of costs in youth cuts case – Local Government Lawyer

Posted November 27th, 2013 in appeals, budgets, costs, education, local government, news, young persons by sally

‘A council has been told it can recover half of its legal costs in a case where the Court of Appeal ruled that a 70% cut to youth services was unlawful but refused to grant relief to the claimant.’

Full story

Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

UK governments blocked investigations into Malaysian massacre cover-up – The Guardian

Posted November 27th, 2013 in appeals, armed forces, colonies, government departments, homicide, inquiries, news, police by sally

‘British governments blocked two police investigations into the covering up of the killing by British troops of 24 unarmed rubber plantation workers during counterinsurgency operations in Malaysia nearly 65 years ago, the appeal court heard on Tuesday.’

Full story

The Guardian, 26th November 2013

Source: www.guardian.co.uk

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

Posted November 26th, 2013 in appeals, immigration, judicial review, law reports, legislation, regulations, ultra vires by sally

Regina (Ignaoua) v Secretary of State for the Home Department: [2013] EWCA Civ 1498; [2013] WLR (D) 451

‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’

WLR Daily, 21st November 2013

Source: www.iclr.co.uk

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily

Posted November 26th, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same: [2013] UKSC 72; [2013] WLR (D)  450

‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by sally

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

Full story

The Independent, 25th November 2013

Source: www.independent.co.uk