‘Owning a £2m apartment doesn’t mean I’m rich…’: Court dismisses banker’s claim that he cannot afford to pay ex-wife’s legal fees – The Independent

Posted October 22nd, 2013 in appeals, costs, divorce, news by sally

“The spending power of former City trader, Yan Assoun, 43, was described by a family judge three months ago as ‘beyond the wildest dreams’ of his estranged wife. But with his bitter divorce battle now in the Appeal Court, he insisted: ‘I don’t have any money’.”

Full story

The Independent, 22nd October 2013

Source: www.independent.co.uk

R. v. Farooqi – Has the Court of Appeal Compounded an Injustice? – Criminal Law and Justice Weekly

“Can a defendant ever have a fair trial or be safely convicted if his advocate is incompetent, asks Matthew Scott.”

Full story

Criminal Law and Justice Weekly, 19th October 2013

Source: www.criminallawandjustice.co.uk

Mittal v. Mittal: English Family Courts Still Open for Business in the Wider World – Family Law Week

“Tim Amos QC and Duncan Brooks of Queen Elizabeth Building, counsel for the respondent, consider the issues and implications of the Court of Appeal’s important judgment in Mittal v Mittal.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 21st, 2013 in appeals, artistic works, assignment, copyright, law reports by sally

Performing Right Society Ltd v B4U Network (Europe) Ltd [2013] EWCA Civ 1236; [2013] WLR (D) 385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

In re W (A Child); In re H (Children) – WLR Daily

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

High Court dismisses challenge to PCO in Richard III burial case – Litigation Futures

“The High Court has comprehensively rejected the government’s bid to overturn the grant of a protective costs order (PCO) in favour of campaigners for the reburial of King Richard III in York.”

Full story

Litigation Futures, 18th October 2013

Source: www.litigationfutures.com

Schools’ duty to safeguard children who lark around – Education Law Blog

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

Full story

Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Christian woman to sue for right not to work on Sundays – The Independent

“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”

Full story

The Independent, 20th October 2013

Source: www.independent.co.uk

Performing Right Society Ltd v B4U Network (Europe) Ltd – WLR Daily

Posted October 18th, 2013 in appeals, artistic works, copyright, intellectual property, law reports by sally

Performing Right Society Ltd v B4U Network (Europe) Ltd: [2013] EWCA Civ 1236;   [2013] WLR (D)  385

“Where a composition fell within the terms of an agreement assigning copyright to the Performing Right Society the effect of section 2(1) of the Copyright, Designs and Patents Act 1988 was to vest copyright in the society as soon as the work was created, notwithstanding an agreement with those commissioning the work which purported to assign to them all rights in future works.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) – Supreme Court

Posted October 17th, 2013 in appeals, elections, human rights, law reports, prisons, Supreme Court by sally

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) [2013] UKSC 63 (YouTube)

Supreme Court, 16th October 2013

Source: www.youtube.com/user/UKSupremeCourt

This Supreme Court prisoner voting decision really is a victory for common sense – UK Human Rights Blog

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“The Lord Chancellor Chris Grayling recently told The Spectator that he wants ‘to see our Supreme Court being supreme again’. In light of his respect for the court, he should read today’s judgment on prisoner votes very carefully indeed, as should David Cameron who has already endorsed the decision as a ‘great victory for common sense’.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

Judges rule schools not ‘hazard-free zones’ after mother tries to sue – Daily Telegraph

Posted October 17th, 2013 in appeals, children, education, news, personal injuries by sally

“Judges ruled that schools should not have to ‘to safeguard children against harm in all circumstances’ after a boy injured himself on a water fountain.”

Full story

Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

Prisoners’ right-to-vote appeal rejected by supreme court – The Guardian

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“Two convicted murderers who argued that European Union law gave them the right to vote in UK elections have had their appeals dismissed by the supreme court at Westminster.”

Full story

The Guardian, 16th October 2013

Source: www.guardian.co.uk

High Court rejects challenge to BSB disciplinary tribunals – Legal Futures

Posted October 17th, 2013 in appeals, barristers, disciplinary procedures, inns of court, news, tribunals by sally

“A High Court judgment that refused three applications for judicial review of barristers’ disciplinary decisions is to be appealed, after the court found that anomalies in tribunal panel member appointments did not affect the validity of the findings.”

Full story

Legal Futures, 17th October 2013

Source: www.legalfutures.co.uk

Interview with the Attorney General – BBC Law in Action

Posted October 16th, 2013 in appeals, attorney general, human rights, international law, news, sentencing by sally

“In this week’s programme, the Attorney General for England and Wales Dominic Grieve speaks to Joshua Rozenberg in an extended interview.”

Listen

BBC Law in Action, 15th October 2013

Source: www.bbc.co.uk

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

High Court refuses to delay high street court battle with MasterCard – The Lawyer

“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”

Full story

The Lawyer, 16th October 2013

Source: www.thelawyer.com

Man who killed three generations in Cwmbran fire has sentence increased – The Guardian

Posted October 16th, 2013 in appeals, arson, families, fire, murder, news, sentencing by sally

“A violent drifter who murdered three generations of the same family, including his own ill baby daughter, by setting fire to their home has had his minimum jail term increased.”

Full story

The Guardian, 15th October 2013

Source: www.guardian.co.uk