Warning: CPS keep victim appeals in house – Halsbury’s Law Exchange

“There is a new independent Assessor (Stephen Shaw) for non-legal complaints made about the Crown Prosecution Service (CPS) but not for the legal ones – how very odd! It was recently reported that victims of crime will be able to ‘win the right’ to appeal against decisions by the CPS not to charge suspects and there is a consultation which is open until the 5th of September 2013. It has a mnemonic ‘VRR’ which stands for a ‘Victim’s Right to Review’.”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Can an employer increase the sanction for misconduct on appeal? – UK Human Rights Blog

“The answer of the Court was that clear and express words in the contract would be required in order to confer a power to increase a sanction on an Appeal Panel.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Family’s ‘torture’ as they face losing home under anti-terror law – The Independent

“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”

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The Independent, 12th June 2013

Source: www.independent.co.uk

Costs that fall within court-approved budget not necessarily proportionate, court suggests – OUT-LAW.com

Posted June 11th, 2013 in appeals, budgets, costs, news, proportionality by tracey

“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian

“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”

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The Guardian, 10th June 2013

Source: www.guardian.co.uk

Court increases sentences for trio jailed for sexually assaulting unconscious teen – The Guardian

Posted June 7th, 2013 in appeals, news, sentencing, sexual offences, video recordings by tracey

“Three men to serve five and a half years after appeal judges rule original sentence for assault on 18-year-old was too lenient.”

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The Guardian, 7th June 2013

Source: www.guardian.co.uk

Appeal of artist paedophile Graham Ovenden’s ‘unduly lenient’ sentence mooted to Attorney General – The Independent

Posted June 6th, 2013 in appeals, news, sentencing, sexual offences, suspended sentences by sally

“The Attorney General is considering referring the sentence of an internationally renowned artist from Cornwall to the Court of Appeal to see if it was ‘unduly lenient’.”

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The Independent, 6th June 2013

Source: www.independent.co.uk

Newbold and others v Coal Authority – WLR Daily

Posted June 6th, 2013 in appeals, housing, law reports, notification by sally

Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216

“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina v X Ltd – WLR Daily

Posted June 6th, 2013 in appeals, consumer protection, law reports by sally

Regina v X Ltd [2013] EWCA Crim 818; [2013] WLR (D) 212

“For the purposes of regulations protecting consumers from unfair trading, the term ‘commercial practices’ could cover isolated acts as well as repeated behaviour; it depended on the circumstances. The concept was concerned with systems rather than individual transactions.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Carmarthenshire blogger told to pay £230,000 legal costs – BBC News

Posted June 6th, 2013 in appeals, costs, damages, defamation, harassment, local government, news by sally

“A Carmarthenshire blogger fears losing her home after being told to pay a £230,000 legal bill for a failed bid to sue a council chief executive.”

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BBC News, 5th June 2013

Source: www.bbc.co.uk

CA: costs are not reasonable just because court has approved budget – Litigation Futures

Posted June 6th, 2013 in appeals, budgets, costs, news, proportionality by sally

“Costs judges should not treat costs as reasonable or proportionate simply because they fall within the scope of the court-approved budget, the Court of Appeal has warned.”

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Litigation Futures, 5th June 2013

Source: www.litigationfutures.com

“Fair play in action”: Court of Appeal considers the rules of natural justice – UK Human Rights Blog

Posted June 5th, 2013 in accountants, appeals, judicial review, news, professional conduct, tribunals by sally

“The concept of fairness embodied in the different strands of natural justice have to be seen as flexible and as not requiring the courts to lay down over rigid rules, so that where it had been agreed that a tribunal member could be temporarily absent for part of the hearing, there had been no breach of the rules of natural justice.”

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UK Human Rights Blog, 5th June 2013

Source: www.ukhumanrightsblog.com

Motorway middle lane ‘hoggers’ and careless drivers to face on-the-spot £100 police fines – The Independent

“Drivers who hog the middle lane of the motorway or tailgate other drivers could face on-the-spot fines of £100 and three points on their licences under new measures announced by the government.”

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The Independent, 5th June 2013

Source: www.independent.co.uk

Diplomat awarded £300,000 following accusations of inappropriate behaviour – Daily Telegraph

“A former diplomat has won £320,000 from the government after he was accused of behaving ‘inappropriately’ towards a senior politician’s wife.”

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Daily Telegraph, 4th June 2013

Source: www.telegraph.co.uk

In re Joseph Hill & Co, Solicitors – WLR Daily

Posted June 4th, 2013 in appeals, criminal procedure, delay, evidence, law reports, witnesses by sally

In re Joseph Hill & Co, Solicitors [2013] EWCA Crim 775 ; [2013] WLR (D) 210

“There was a statutory obligation on the defence to give notice to the prosecution of the name, address and date of birth of any witness whom the defendant believed was able to give evidence in support of his alibi. If there was a practice of advising that the names and addresses of alibi witnesses should not be disclosed unless and until they had provided signed proofs of evidence, that practice was misguided and wrong.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina v Jawad – WLR Daily

Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209

“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Woolworths collective redundancy verdict renders “establishment” concept irrelevant, says expert – OUT-LAW.com

Posted June 4th, 2013 in appeals, consultations, employment tribunals, news, redundancy by sally

“Employers seeking to make redundancies at multiple business locations could be forced to consult employees on their plans following a recent Employment Appeal Tribunal (EAT) decision, an expert has said.”

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OUT-LAW.com, 3rd June 2013

Source: www.out-law.com

He who hesitates is lost – New Law Journal

“Jonathan Aspinall reports from the Court of Appeal on hesitation, liability and costs.”

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New Law Journal, 30th May 2013

Source: www.newlawjournal.co.uk

Contracting a contagious disease in the course of a teacher’s employment – Employment Law Blog

Posted May 31st, 2013 in appeals, employment, employment tribunals, health, news, sick leave, teachers by sally

“The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”

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Employment Law Blog, 30th May 2013

Source: www.employment11kbw.com