Kapri (AP) (Appellant) v The Lord Advocate representing The Government of the Republic of Albania (Respondent) (Scotland) – Supreme Court
Supreme Court, 10th July 2013
Category: appeals
R (on the application of AA) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – YouTube
Supreme Court, 10th July 2013
Convicted murderers win Article 3 case against whole life sentences in Strasbourg – UK Human Rights Blog
“The Strasbourg Court has upheld three applicants’ complaint that their imprisonment for life amounted to inhuman and degrading treatment as they have no hope of release.”
UK Human Rights Blog, 9th July 2013
Source: www.ukhumanrightsblog.com
Vinter, Bamber & Moore v UK: whole life prisoners must have the “experience of hope” – Head of Legal
“The European Court of Human Rights has ruled that the system of ‘whole life orders’, whereby in England and Wales a mandatory life sentence may be imposed and the possibility of early release denied under section 269(4) of the Criminal Justice Act 2003, amounts to inhuman or degrading treatment or punishment in breach of article 3 of the European Convention on Human Rights. Even prisoners given ‘whole life orders’ – a recent example was Dale Cregan – must be able to have their sentence reviewed at some stage, for instance after 25 years. They must know when sentenced what they must do to gain release, and they must know when they can ask for a review.”
Head of Legal, 9th July 2013
Source: www.headoflegal.com
Whole-life jail terms with no review breach human rights, European court rules – The Independent
“European Court of Human Rights rules that sentences for prisoners with no chance of release violate European convention – but ruling does not mean they should be freed any earlier.”
The Independent, 9th July 2013
Source: www.independent.co.uk
B&B owner who turned away gay couple loses appeal – The Guardian
“The Christian owner of a bed and breakfast has lost her appeal against a ruling that she unlawfully discriminated against a gay couple when she refused to let them stay in a double room.”
The Guardian, 9th July 2013
Source: www.guardian.co.uk
Barry George loses legal fight for Jill Dando compensation – The Guardian
“Barry George, who spent eight years in prison after being wrongly convicted of the murder of TV presenter Jill Dando, has lost his legal battle for compensation as a victim of a ‘miscarriage of justice’.”
The Guardian, 9th July 2013
Source: www.guardian.co.uk
Regina v Sadique (Omar) – WLR Daily
Regina v Sadique (Omar) [2013] EWCA Crim 1150 ; [2013] WLR (D) 269
“Section 46 of the Serious Crime Act 2007 created the offence of encouraging or assisting the commission of one or more offences. Its specific ingredients and the subsequent legislative provisions underlined that an indictment charging a section 46 offence of encouraging one or more offences was permissible.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
Regina v Harvey – WLR Daily
Regina v Harvey [2013] EWCA Crim 1104; [2013] WLR (D) 268
“If a defendant obtained chattels as a result of his criminal conduct and used them over a substantial period, materially reducing their value before restoring them to their true owners, the court should not give credit for their residual value when making a confiscation order.”
WLR Daily, 3rd July 2013
Source: www.iclr.co.uk
San Vicente and another v Secretary of State for Communities and Local Government and others – WLR Daily
“An application for permission to amend the grounds of an application under section 288 of the Town and Country Planning Act 1990 which had been made after the expiry of the six-week period allowed by section 288(3) for the institution of section 288 proceedings was governed by CPR r 17.1(2), not by CPR r 17.4.”
WLR Daily, 5th July 2013
Source: www.iclr.co.uk
Not pending this appeal – NearlyLegal
“When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant’s route to challenge a refusal by the local authority to provide accommodation pending appeal to the Court of Appeal?”
NearlyLegal, 8th July 2013
Source: www.nearlylegal.co.uk
Guerilla gardening in unlawfully occupied property did not give rise to Article 8 rights – UK Human Rights Blog
“A common law rule that the court had no jurisdiction to extend time to a trespasser could no longer stand against the Article 8 requirement that a trespasser be given some time before being required to vacate.”
UK Human Rights Blog, 8th July 2013
Source: www.ukhumanrightsblog.com
Woman won harrassment case against ‘bullying bank’ – Daily Telegraph
“A woman has won a case of harassment against her bank after she was plagued by more than 500 calls for missing a single loan payment.”
Daily Telegraph, 8th July 2013
Source: www.telegraph.co.uk
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R (on the application of Sturnham) No 2 (Appellant) v The Parole Board of England and Wales and another (Respondents) – Supreme Court
Supreme Court, 3rd July 2013
McFail – NearlyLegal
“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”
NearlyLegal, 7th July 2013
Source: www.nearlylegal.co.uk
As Abu Qatada leaves, Theresa May vows to change human rights law – The Guardian
“Chris Grayling, the justice secretary, celebrated the successful deportation of Abu Qatada to Jordan on Sunday by saying the long-running saga meant there would have to be ‘wholesale changes’ in Britain’s human rights laws.”
The Guardian, 7th July 2013
Source: www.guardian.co.uk
Menelaou v Bank of Cyprus UK Ltd – WLR Daily
Menelaou v Bank of Cyprus UK Ltd: [2013] EWCA Civ 1960; [2013] WLR (D) 266
“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”
WLR Daily, 2nd July 2013
Source: www.iclr.co.uk
Dumfries and Galloway Council v North (Equality and Human Rights Commission intervening) – WLR Daily
“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”
WLR Daily, 26th June 2013
Source: www.iclr.co.uk
Two Upper Tribunal decisions – Panopticon
“The Upper Tribunal has handed down two decisions on Iraq and section 27 FOIA, which raise some interesting procedural points – FCO v Information Commissioner and Plowden GIA/2474/2012 and Cabinet Office and Information Commissioner v Muttitt GIA/0957/2012.”
Panopticon, 2nd July 2013
Source: www.panopticonblog.com
