“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”
The Independent, 13th July 2009
Source: www.independent.co.uk
Court of Appeal
“Where the Court of Appeal was determining whether it was in the interests of justice for an acquittal to be quashed on an application by the Crown, the factors specified in section 79(2) of the Criminal Justice Act 2003 were not exhaustive.”
The Times, 9th July 2009
Source: www.timesonline.co.uk
“Court rules in favour of government after Georgina Downs last year won case based on ‘solid evidence’ of harm from crop spraying.”
The Guardian, 7th July 2009
Source: www.guardian.co.uk
AS (Somalia) v Secretary of State for the Home Department
House of Lords
“The statutory provision that on hearing an appeal against a refusal of entry clearance the adjudicator or tribunal could have regard only to the circumstances appertaining at the time of the decision to refuse and could have no regard to any subsequent change in the applicant’s circumstances, was not incompatible with article 8 of the European Convention on Human Rights, even though its effect could lead to delay in bringing a family together in the United Kingdom.”
The Times, 22nd June 2009
Source: www.timesonline.co.uk
Owens v City of Westminster Magistrates’ Court [2009] EWHC 1343 (Admin); [2009] WLR (D) 20
“When an appeal to the High Court under s 26 of the Extradition Act 2003 against an order for extradition to a category 1 territory was unsuccessful, the decision of the High Court on the appeal did not become final within the meaning of s 36(5) of the Act and, accordingly, the 10-day period within which s 36(2) and (3)(a) stipulated that extradition should take place did not begin to run until the 14-day period permitted by s 32(5) for applying to the High Court for leave to appeal to the House of Lords had expired, notwithstanding that the High Court had on the same day as dismissing the appeal declined to certify for the purposes of s 32(4)(a) of the Act that a point of law of general public importance was involved. As regards the requirement in s 36(8) that ‘reasonable cause’ be shown for delay in effecting extradition, the expression could be construed as being sufficiently broad to cover a short delay arising from an error of law made by the Serious Organised Crime Agency (‘SOCA’), the body responsible for the surrender of individuals to requesting states at the conclusion of extradition proceedings under the 2003 Act, in calculating the period within which the person must be extradited as specified in s 36(3) of the Act.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The phrase ‘further submissions’, in the context of the Secretary of State’s obligation under r 353 of the Immigration Rules to consider whether any such submissions amounted to a fresh claim for asylum, merely meant representations, whether new or not, and those representations could be short or long, advanced on either asylum or human rights grounds, and reasoned or unreasoned. Where further submissions had in fact been found to have been made, and the question of whether they had already been considered was being asked for the purposes of ascertaining whether they were ‘significantly different’, within the meaning of r 353, and therefore might amount to a fresh claim, it was clear that no particular form was required in which new material to be put before the Secretary of State had to be cast, and that such new material might assert a human rights or asylum claim in a different category from what had been claimed the first time and that, alternatively, the same category of claim may be persisted in, but new facts asserted to support it. Where such previously unconsidered further submissions were found to have been made and the question was being asked whether, taken together with previously considered material, they enjoyed a realistic prospect of success within the meaning of r 353, and amounted thereby to a fresh claim, ‘realistic prospect of success’ meant ‘more than a fanciful such prospect’ and was not the same as a case which was clearly unfounded, the latter being a case with no prospect of success.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194
“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”
WLR Daily, 18th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A man who has spent eight years behind bars for murder was released by the Court of Appeal today.”
The Indpendent, 16th June 2009
Source: www.independent.co.uk
“Baby P’s ‘stepfather’ has launched an attempt to overturn his convictions for rape and the part he played in the little boy’s death.”
Daily Telegraph, 16th June 2009
Source: www.telegraph.co.uk
Court of Appeal (Criminal Division)
“The statutory right of a single appeal to the Court of Appeal, Criminal Division was not removed when the Attorney-General referred the case to that court, since the defendant had not exercised his right to appeal.”
The Times, 1st June 2009
Source: www.timesonline.co.uk
Regina v Hughes (James) [2009] EWCA Crim 841; [2009] WLR (D) 160
“The words ‘or in subsequent proceedings’ in s 9(1) of the Criminal Appeal Act 1968 did not enable a defendant to appeal against a sentence passed by the Court of Appeal on an Attorney General’s reference, but his right of appeal still remained extant and unexercised under the section.”
WLR Daily, 20th May 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The first man jailed using DNA evidence has won an appeal against his 30-year minimum sentence for murdering two Leicestershire schoolgirls.”
BBC News, 14th May 2009
Source: www.bbc.co.uk
Regina (RK) (Nepal) and Another v Secretary of State for the Home Department
Court of Appeal
“A non-British student with conditional leave to enter and stay in the United Kingdom and who was ordered to leave on breaching those conditions, could not appeal against that decision while still in the country.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
Red River UK Ltd and Another v Sheikh and Another
Court of Appeal
“Where an appeal was compromised, the parties were under a duty to inform the court before the hearing so that unnecessary costs were not incurred and court time wasted.”
The Times, 6th May 2009
Source: www.timesonline.co.uk
“A man jailed for murdering five family members has lost his challenge against an order that he must die behind bars.”
BBC News, 28th April 2009
Source: www.bbc.co.uk
“Karen Matthews, who kidnapped her own daughter in a bungled effort to gain reward money for the missing child, has abandoned her appeal, her lawyer said.”
BBC News, 7th April 2009
Source: www.bbc.co.uk
Regina v Darwin (Anne) Regina v Darwin (John)
Court of Appeal (Criminal Division)
“In sentencing for fraud, a judge was right to take into account the harm done to individuals who might not have lost financially but on whom the crime had had a devastating impact.”
The Times, 1st April 2009
Source: www.timesonline.co.uk
MS (Palestinian Territories) v Secretary of State for the Home Department
Court of Appeal
“A challenge to the lawfulness of future removal directions did not come within the appeal regime under the Nationality, Immigration and Asylum Act 2002.”
The Times, 31st March 2009
Source: www.timesonline.co.uk
“Back-from-the-dead canoeist John Darwin and his wife Anne have both lost appeals against their prison sentences.”
BBC News, 27th March 2009
Source: www.bbc.co.uk
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