Regina v Cosford and others – WLR Daily

Regina v Cosford and others [2013] EWCA Crim 466; [2013] WLR (D) 147

“The test for identifying a public office turned on the nature of the duty undertaken and, in particular, whether it was a public duty in the sense that it represented the fulfilment of one of the responsibilities of government such that the public had a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. The existence or otherwise of a public office was a question of law to be decided by a trial judge not by a jury.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

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Halsbury’s Law Exchange, 24th April 2013

Source: www.halsburyslawexchange.co.uk

Theresa May to set out next steps over Abu Qatada deportation – The Guardian

Posted April 24th, 2013 in appeals, deportation, evidence, news, terrorism, torture by sally

“Theresa May is to detail renewed diplomatic attempts to secure fresh assurances from Jordan that the radical Islamist preacher Abu Qatada will not face a trial based on torture-obtained evidence if he is deported from Britain.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

Abu Qatada: court rejects government’s appeal bid – The Guardian

Posted April 23rd, 2013 in appeals, deportation, news, Supreme Court by sally

“Theresa May’s legal battle to deport the radical Islamist preacher Abu Qatada has suffered a further setback with the court of appeal turning down her attempt to take the case to the supreme court.”

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The Guardian, 23rd April 2013

Source: www.guardian.co.uk

‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Briton Lindsay Sandiford challenges government refusal to fund appeal against Bali drug smuggling death sentence – The Independent

“Lawyers for British grandmother Lindsay Sandiford today launched an urgent new legal challenge over a UK Government refusal to fund her appeal against a death sentence imposed by an Indonesian court after she was found guilty of drug smuggling.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Boardman v Governing Body of Clarence High School and another – WLR Daily

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

George v Ministry of Justice – WLR Daily

George v Ministry of Justice [2013] EWCA Civ 324; [2013] WLR (D) 144

“A provision in a collective agreement allowing for time off in lieu within a specified period where a prison officer was requested to work extra hours was not contractual.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by tracey

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362;   [2013] WLR (D)  141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Regina v Morris (Daryl) – WLR Daily

Posted April 19th, 2013 in appeals, crime, crime prevention, dangerous driving, defence, law reports by tracey

Regina v Morris (Daryl): [2013] WLR (D)  140

“Where a defendant raised the defence of using reasonable force in the prevention of crime, under section 3(1) of the Criminal Law Act 1967, it would be necessary for the jury to focus first on what the defendant honestly believed were the facts before using their conclusions as to that belief to go on to decide whether the defendant had reasonable grounds for suspecting an offence was being committed and whether the force he used to prevent that crime had been reasonable.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Children: Public Law Update (April 2013) – Family Law Week

“John Tughan, barrister of 4 Paper Buildings, examines two important recent judgments: the Supreme Court’s decision in J (Children) and the Court of Appeal’s in M (A Child).”

Full story

Family Law Week, 18th April 2013

Source: www.familylawweek.co.uk

M25 suicide case demonstrates limits of court of appeal – The Guardian

“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk

Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange

Posted April 18th, 2013 in appeals, criminal records, disclosure, news, proportionality, time limits by sally

“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”

Full story

Halsbury’s Law Exchange, 18th April 2013

Source: www.halsburyslawexchange.co.uk

Doctor entitled to rely on GMC’s assurance that his Caribbean qualification would be acceptable in UK – UK Human Rights Blog

Posted April 18th, 2013 in appeals, doctors, education, judicial review, news, universities by sally

“The registration criteria for doctors trained abroad have been changed to respond to abuse by medical schools claiming false affiliations with the institutions listed in the WHO Directory. Although the 2006 rules effecting this change were lawful, the appellant had a legitimate expectation that he could rely on individual and specific assurances that he would be allowed to register on completion of his training.”

Full story

UK Human Rights Blog, 18th April 2013

Source: www.ukhumanrightsblog.com

Court of Appeal dismisses human rights challenge to Immigration Rules – Home Office

Posted April 18th, 2013 in appeals, human rights, immigration, news, regulations, visas by sally

“The Home Office was successful in defending Immgiration Rules changes introduced to test migrant’s English language capabilities”

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Home Office, 17th April 2013

Source: www.gov.uk/home-office

How to challenge a parking ticket – The Guardian

Posted April 18th, 2013 in appeals, contracts, fines, news, parking by sally

“Don’t be taken for a ride over parking tickets – know your rights on private car parks, penalty charges and your right to appeal.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk

Supreme court rules web browsing does not infringe newspapers’ copyright – The Guardian

Posted April 18th, 2013 in appeals, copyright, internet, licensing, media, news, Supreme Court by sally

“The UK supreme court has ruled that readers who open articles via a website link are not breaking the law, overturning the high court’s ruling that browsing was a breach of newspaper owners’ copyright.”

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The Guardian, 17th April 2013

Source: www.guardian.co.uk

Not So Great Expectations – NearlyLegal

Posted April 18th, 2013 in appeals, disabled persons, housing, local government, news by sally

“We are all aware that there is no general entitlement to permanent accommodation via the Part VII route (R v Brent ex p Awua). So it is interesting to find a s.204 appeal where it was argued that the Appellant had a legitimate expectation of permanent accommodation in preference to anything else that the Council might offer.”

Full story

NearlyLegal, 17th April 2013

Source: www.nearlylegal.co.uk