Terror suspect loses British citizenship appeal – The Guardian

Posted November 13th, 2013 in appeals, citizenship, news, terrorism by sally

“An Afghan national suspected of travelling abroad for terrorist training has failed in an attempt to retain British citizenship.”

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The Guardian, 13th November 2013

Source: www.guardian.co.uk

Conspiracy, the CAT, and the Court of Appeal: “Here is a case unprecedented” (The Gondoliers, Act 2) – Competition Bulletin from Blackstone Chambers

Posted November 13th, 2013 in appeals, competition, conspiracy, news by sally

“In W.H. Newson Holding Limited & ors v IMI plc & ors [2013] EWCA Civ 1377, the Court of Appeal has made some important new law regarding the scope of section 47A of the Competition Act 1998 and the tort of common law conspiracy.”

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Competition Bulletin from Blackstone Chambers, 13th November 2013

Source: www.competitionbulletin.com

I don’t want to go to… Lambeth – NearlyLegal

“Can a refuge be a ‘residence of own choice’ for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) ‘minded to’ letter requirement be triggered by events during the review and after a first ‘minded to’ letter has been sent?”

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NearlyLegal, 10th November 2013

Source: www.nearlylegal.co.uk

Regina (Lewisham London Borough Council) v Secretary of State for Health and another; Regina (Save Lewisham Hospital Campaign Ltd) v Same and another – WLR Daily

Regina (Lewisham London Borough Council) v Secretary of State for Health and another;  Regina (Save Lewisham Hospital Campaign Ltd) v Same and another: [2013] EWCA   [2013] WLR (D)  430

“The words ‘in relation to … the trust’ in sections 65(F)(1), 65I(1), 65K(1) of the National Health Service Act 2006, as amended and inserted, meant the failing trust to which the trust special administrator had been appointed under Chapter 5A of the 2006 Act, and no other trust. It followed that the administrator appointed to a neighbouring trust had no power to make recommendations in relation to any other trust, and the Secretary of State had no power to make a decision based on such recommendations.”

WLR Daily, 8th November 2013

Source: www.iclr.co.uk

Bomb detector conman James McCormick loses appeal bid – BBC News

Posted November 13th, 2013 in appeals, confiscation, explosives, fraud, Iraq, news, sentencing by sally

“A UK businessman who sold fake bomb detectors around the world has lost a challenge against his 10-year sentence.”

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BBC News, 12th November 2013

Source: www.bbc.co.uk

 

Mother loses fight to home-school disabled son – Daily Telegraph

“A mother has lost her legal battle to be allowed to teach her disabled son at home after a senior judge ruled that he had to live 100 miles away to receive specialist education.”

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Daily Telegraph, 12th November 2013

Source: www.telegraph.co.uk

Sudanese sex offender wins damages for being held in custody too long – The Guardian

“A sex offender has won the right to damages after the court of appeal ruled he was held in custody for too long while attempts to deport him were unsuccessful.”

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Thr Guardian, 12th November 2013

Source: www.guardian.co.uk

Hospital closures and the rule of law – UK Human Rights Blog

Posted November 12th, 2013 in appeals, consultations, hospitals, news, rule of law by sally

“Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013. It takes a bit of time to close a hospital or make major changes to it. This is because you must go through a complicated set of consultations with all those likely to be affected before action can be taken. Many, if not most, people say this is a good thing, and Parliament has embedded these duties of consultation in the law.”

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UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

Sex in the IPT – Panopticon

Posted November 12th, 2013 in appeals, investigatory powers, news, police, stay of proceedings, tribunals by sally

“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”

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Panopticon, 8th November 2013

Source: www.panopticonblog.com

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by sally

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by sally

Marwaha and others v Singh and others: [2013] WLR (D) 429

“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

Supreme Court finds HMRC entitled to tax under dispute where taxpayer left it to HMRC to calculate the tax – OUT-LAW.com

Posted November 11th, 2013 in appeals, economic loss, HM Revenue & Customs, news, Supreme Court, tax avoidance, taxation by michael

“A taxpayer must perform a calculation of the amount of tax due itself, rather than leave that calculation to HM Revenue and Customs (HMRC), in order to retain possession of funds under dispute, the Supreme Court has ruled.”

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OUT-LAW.com, 8th November 2013

Source: www.out-law.com

Muslim family challenges ‘do not resuscitate’ ruling over gravely ill man – The Guardian

Posted November 11th, 2013 in appeals, Court of Protection, families, Islam, medical treatment, news by michael

“Court of Protection will hear Liverpool family’s lawyers argue that Qur’an calls for life to be preserved at all costs.”

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The Guardian, 9th November 2013

Source: www.guardian.co.uk

Bexleyheath killer Nicola Edgington loses appeal bid – BBC News

Posted November 8th, 2013 in appeals, attempted murder, attempts, mental health, murder, news, sentencing by sally

“A psychiatric patient who stabbed a woman to death in a London street has lost a bid to appeal against her conviction and sentence.”

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BBC News, 8th November 2013

Source: www.bbc.co.uk

Decision to cut youth services by 70% was unlawful, says Court of Appeal – Local Government Lawyer

Posted November 8th, 2013 in appeals, education, equality, local government, news, young persons by sally

“A council acted unlawfully in 2012 when it cut youth services by more than 70% over a three-year period, the Court of Appeal has ruled.”

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Local Government Lawyer, 7th November 2013

Source: www.localgovernmentlawyer.co.uk

Publishers lodge appeal over ruling against judicial review of royal charter – The Guardian

Posted November 7th, 2013 in appeals, charters, injunctions, judicial review, media, news by sally

“Industry takes case to court of appeal after high court rejected its application for an emergency injunction over new press regulator.”

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The Guardian, 6th November 2013

Source: www.guardian.co.uk

M25 rapist Antoni Imiela denied appeal against conviction – BBC News

Posted November 7th, 2013 in appeals, news, rape, recidivists by sally

“Serial rapist Antoni Imiela has been denied leave to appeal against his 2012 conviction for a rape attack on Christmas Day 1987.”

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BBC News, 7th November 2013

Source: www.bbc.co.uk

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by sally

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

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Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Tax avoiders don’t have human rights – Philippa Whipple QC – UK Human Rights Blog

Posted November 7th, 2013 in appeals, disclosure, HM Revenue & Customs, human rights, news, tax avoidance by sally

“R (on the application of Ingenious Media Holdings plc and Patrick McKenna v Her Majesty’s Revenue and Customs [2013] EWHC 3258 (Admin).
Sales J has rejected an application for judicial review by Ingenious Media Holdings plc and Patrick McKenna, who complained that senior officials in HMRC had identified them in ‘off the record’ briefings.”

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UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com

Sexual liaisons by undercover police officers could be authorised by RIPA – UK Human Rights Blog

Posted November 7th, 2013 in appeals, investigatory powers, news, police, stay of proceedings by sally

“AJA and others v Commissioner of Police for the Metropolis [2013] EWCA Civ 1342. The words ‘personal or other relationship’ in the section 26(8)(a) Regulation of Investigatory Powers Act 2000 included intimate sexual relationships so that the Investigatory Powers Tribunal had jurisdiction to hear the appellants’ claims that their human rights had been violated by undercover police officers who had allegedly had sexual relationships with them.”

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UK Human Rights Blog, 6th November 2013

Source: www.ukhumanrightsblog.com