Category: appeals

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.”

Full story

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.”

Full story

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.”

Full story

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

Posted June 5th, 2013 in appeals, careless driving, fines, news, penalties, road traffic offences, telecommunications by sally

“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.”

Full story

The Independent, 5th June 2013

Source: www.independent.co.uk

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

Posted June 5th, 2013 in appeals, costs, damages, disciplinary procedures, government departments, news, unfair dismissal by sally

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

Full story

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

Posted June 4th, 2013 in appeals, benefits, compensation, confiscation, law reports, proceeds of crime, proportionality by sally

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.”

Full story

OUT-LAW.com, 3rd June 2013

Source: www.out-law.com

He who hesitates is lost – New Law Journal

Posted May 31st, 2013 in appeals, motorcycles, negligence, news, personal injuries, road traffic offences by sally

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

Full story

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’.”

Full story

Employment Law Blog, 30th May 2013

Source: www.employment11kbw.com

Vince v Wyatt: the FPR 2010 strikes back? – Family Law Week

Posted May 30th, 2013 in appeals, civil procedure rules, family courts, news, striking out by sally

“Sian Cox, barrister, Harcourt Chambers analyses the court’s power to strike out in family proceedings and considers in the light of the Court of Appeal judgment in Vince v Wyatt, the circumstances in which such applications may succeed.”

Full story

Family Law Week, 29th May 2013

Source: www.familylawweek.co.uk

Death Penalty Legal Funding Refusal: Appeal Court Confirms Limits of Human Rights Act – UK Human Rights Blog

Posted May 30th, 2013 in appeals, death penalty, foreign jurisdictions, human rights, legal aid, news by sally

“On 22 April 2013 the Court of Appeal upheld the decision of the Foreign and Commonwealth Office in refusing to pay for a lawyer to assist Lindsay Sandiford as she faces the death penalty for drug offences in Indonesia. Last Wednesday, they handed down the reasons for their decision.”

Full story

UK Human Rights Blog, 29th May 2013

Source: www.ukhumanrightsblog.com

Protesters launch appeal against HS2 High Court ruling – BBC News

Posted May 30th, 2013 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A protest group is to appeal against a High Court ruling that effectively gave the go ahead to the London-Birmingham section of the HS2 high-speed railway.”

Full story

BBC News, 29th May 2013

Source: www.bbc.co.uk

Choirmaster jailed for sexually abusing pupil seeks to appeal against sentence – The Guardian

Posted May 29th, 2013 in appeals, child abuse, news, sentencing, sexual offences by sally

“The disgraced choirmaster Michael Brewer is to attempt to appeal against the length of his six-year prison sentence for indecently assaulting a former pupil.”

Full story

The Guardian, 29th May 2013

Source: www.guardian.co.uk

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd – WLR Daily

Posted May 29th, 2013 in appeals, construction industry, contracts, delay, law reports by sally

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577; [2013] WLR (D) 202

“In determining whether a breach of a contract had been repudiatory an important factor to be taken into account was whether, although serious, the breach had been remedied before the injured party had purported to exercise a right of termination of the contract. Likewise, if there had been delay in performance of an ongoing obligation, it might be possible for the delay to be made up by faster performance. The court had to consider the position as at the date when the injured party purported to terminate. In the absence of time being of the essence, delay would only become a repudiatory breach if it were so prolonged as to frustrate the contract.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

European Court of Human Rights rejects Christians’ cases that their religious rights were violated by employers – The Independent

Posted May 28th, 2013 in appeals, Christianity, employment, human rights, news, religious discrimination by sally

“Three British Christians who claimed their religious rights were violated by employers were told by European judges today that they could take their rejected cases no further.”

Full story

The Independent, 28th May 2013

Source: www.independent.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted May 28th, 2013 in appeals, death penalty, drug trafficking, foreign jurisdictions, law reports, legal aid, news, sentencing by sally

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 581; [2013] WLR (D) 201

“The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk