Category: appeals

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

Posted May 24th, 2013 in appeals, deportation, families, human rights, immigration, law reports by tracey

SS (Nigeria) v Secretary of State for the Home Department: [2013] EWCA Civ 550;   [2013] WLR (D)  192

“A claim under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms made in reliance on the interests of a child with British citizenship by a foreign criminal seeking to resist deportation under section 32 of the UK Borders Act 2007 needed to be very strong to prevail given the pressing public interest in removal and the great weight to be attached to the policy of deporting foreign criminals by virtue of its origin in primary legislation. Only in extremely rare circumstances should a tribunal exercise an inquisitorial function on its own initiative in evaluating the interests of such a child.”

WLR Daily, 22nd May 2013

Source: www.iclr.co.uk

Can you decide who is to be your unpaid advocate? Eleanor Battie – UK Human Rights Blog

Posted May 24th, 2013 in appeals, litigants in person, McKenzie friends, news by tracey

“RE F (CHILDREN) 14 May 2013, Court of Appeal – A topical case, this, given legal aid cutbacks. It concerns the ability of unrepresented litigants to choose those to help them out as advocates in court. Not an unconstrained right, as this case demonstrates. The High Court ruled that a judge had been entitled to refuse an application for a particular person to act as a McKenzie friend despite that individual not being present in court at the time of the application. The Court of Appeal upheld that decision.”

Full story

UK Human Rights Blog, 24th May 2013

Source: www.ukhumanrightsblog.com

Flaws in fraud case show worrying lapses by judges and lawyers – The Guardian

Posted May 23rd, 2013 in appeals, courts, fraud, mortgages, news, theft by sally

“Anthony White admitted fraud over mortgages, but analysis seems to show problems that senior judges failed to spot.”

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The Guardian, 23rd May 2013

Source: www.guardian.co.uk

AAA v Associated Newspapers Ltd – WLR Daily

Posted May 23rd, 2013 in appeals, confidentiality, damages, freedom of expression, injunctions, law reports, media, paternity, privacy, public interest by sally

AAA v Associated Newspapers Ltd [2013] EWCA Civ 554; [2013] WLR (D) 189

“Where a judge at first instance had carried out the careful balancing exercise required in respect of an individual’s right of privacy and a publisher’s right of freedom of expression, an appellate court should not intervene unless the judge had erred in principle, or reached a conclusion which was plainly wrong or outside the ambit of conclusions that could reasonably be reached.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Regina (Trail Riders Fellowship and another) v Dorset County Council – WLR Daily

Posted May 23rd, 2013 in appeals, documents, law reports, local government, rights of way by sally

Regina (Trail Riders Fellowship and another) v Dorset County Council [2013] EWCA Civ 553; [2013] WLR (D) 186

“A map produced to a scale of 1:25,000, even if digitally derived from an original map of a different scale, satisfied the requirements for a map accompanying an application to modify a right of way that were set out in paragraph 1(a) of Schedule 14 to the Wildlife and Countryside Act 1981.”

WLR Daily, 20th May 2013

Source: www.iclr.co.uk

Birmingham City Council v James (Secretary of State for the Home Department intervening) – WLR Daily

Posted May 23rd, 2013 in appeals, ASBOs, gangs, injunctions, law reports, local government, violence by sally

Birmingham City Council v James (Secretary of State for the Home Department intervening) [2013] EWCA Civ 552; [2013] WLR (D) 185

“If the conditions in section 34 of the Policing and Crime Act 2009 were met then an injunction to prevent gang-related violence was appropriate. The court would not be required to ask itself whether an anti-social behaviour order under the Crime and Disorder Act 1998 would have provided an adequate remedy.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Closed material and closed proceedings in FOIA litigation: authoritative guidance from the Upper Tribunal – Panopticon

Posted May 22nd, 2013 in appeals, closed material, disclosure, freedom of information, news, tribunals by sally

“Closed material and closed proceedings are commonplace in FOIA litigation. As regards the disputed information itself, the need is self-explanatory. But what about closed material other than the disputed information, such as evidence in support of a public authority’s reliance on exemptions? To what extent is it appropriate for FOIA proceedings to be determined by reference to such material which the requester is unable to see and challenge? Also, if the public authority’s concern is with public disclosure of such material, is the solution to be found in a readiness to bring the requester’s legal representatives into a ‘confidentiality ring’? In other words, do natural and open justice demand that requesters’ legal representatives be allowed to attend the closed part of the hearing and see the closed material?”

Full story

Panopticon, 22nd May 2013

Source: www.panopticonblog.com

Novartis AG v Hospira UK Ltd – WLR Daily

Posted May 22nd, 2013 in appeals, injunctions, law reports, patents by sally

Novartis AG v Hospira UK Ltd [2013] EWHC 1285 (Pat); [2013] WLR (D) 184

“When considering an application for an interim injunction pending an appeal, the court must not mechanically equate the existence of a real prospect of success on an appeal by a losing party with that of a good arguable case on the merits at the outset of proceedings prior to trial so that the granting of an interim injunction at the outset of proceedings before the parties’ rights had been decided would automatically justify an interim injunction pending an appeal.”

WLR Daily, 14th May 2013

Source: www.iclr.co.uk

Distress must be directly linked to data breach for consumers to claim compensation, rules Court of Appeal – OUT-LAW.com

Posted May 22nd, 2013 in appeals, compensation, data protection, news, privacy by sally

“Businesses do not have to pay compensation for causing distress to consumers if they break data protection laws unless the distress suffered by consumers is linked to the breach itself, the Court of Appeal has ruled.”

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OUT-LAW.com, 22nd May 2013

Source: www.out-law.com

Public has right to know Boris Johnson fathered child during affair, court rules – The Guardian

Posted May 21st, 2013 in appeals, injunctions, media, news, paternity, privacy, public interest by sally

“The public has a right to know that Boris Johnson had an extramarital affair with a woman who later gave birth to their daughter, the appeal court has ruled.”

Full story

The Guardian, 21st May 2013

Source: www.guardian.co.uk

Disclaimers and discretionary vesting orders – A piercing reminder – 11 Stone Buildings

Posted May 21st, 2013 in appeals, housing, insolvency, news by sally

LexisNexis asked David Nicholls to consider the court’s discretion to make a vesting order in light of the recent case Hunt and another v Conwy County Borough Council [2013] All ER (D) 101 (May) in the Chancery Division.”

Full story (PDF)

11 Stone Buildings, 15th May 2013

Source: www.11sb.com

Derby fire deaths: Paul Mosley to appeal over jail term – BBC News

Posted May 21st, 2013 in appeals, homicide, news, sentencing by sally

“Paul Mosley, jailed for his part in the deaths of six children in a house fire, is to appeal against the length of his jail term, his legal team has said.”

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BBC News, 20th May 2013

Source: www.bbc.co.uk

The meaning of care and attention – NearlyLegal

Posted May 20th, 2013 in appeals, asylum, duty of care, homelessness, housing, immigration, local government, mental health, news by sally

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

Full story

NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”

Full story

Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Posted May 20th, 2013 in appeals, charities, environmental protection, fisheries, joint liability, law reports by sally

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council – WLR Daily

Posted May 20th, 2013 in appeals, homelessness, housing, law reports, local government by sally

Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180

“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers

Posted May 20th, 2013 in appeals, constructive trusts, fiduciary duty, insolvency, news, trustees in bankruptcy by sally

“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”

Full story

Sports Law Bulletin from Blackstone Chambers, 20th May 2013

Source: www.sportslawbulletin.org

Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

Posted May 20th, 2013 in appeals, care homes, dismissal, employment tribunals, news, transfer of undertakings by sally

“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 17th May 2013

Source: www.out-law.com

Mairead Philpott to appeal against 17-year jail sentence – The Guardian

Posted May 20th, 2013 in appeals, arson, homicide, news, sentencing by sally

“A mother jailed for 17 years for killing her six children in a house fire is to appeal against the length of her sentence, her lawyers have said.”

Full story

The Guardian, 19th May 2013

Source: www.guardian.co.uk