When adoption without parental consent breaches human rights – UK Human Rights Blog

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

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UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Theresa May: Deport foreign criminals before appeal – BBC News

Posted October 1st, 2013 in appeals, deportation, human rights, legislation, news, political parties by sally

“Theresa May has promised the government will ‘deport foreign criminals first, then hear their appeals’.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Munir Farooqi case: Family home set to be seized under terrorism laws – The Independent

Posted October 1st, 2013 in appeals, assets recovery, forfeiture, housing, news, terrorism by sally

“The family home of a man convicted of attempting to recruit two undercover police officers to fight British soldiers in Afghanistan is set to become the first to be seized in the UK under terrorism laws.”

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The Independent, 30th September 2013

Source: www.independent.co.uk

Foreign suspect accused of double murder delays extradition with human rights appeal – Daily Telegraph

“An alleged double gang murderer wanted for trial in eastern Europe has stalled his extradition for two years over his ‘human rights’, it can be disclosed.”

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Daily Telegraph, 28th September 2013

Source: www.telegraph.co.uk

Westminster clear up – NearlyLegal

Posted September 30th, 2013 in appeals, benefits, disabled persons, housing, landlord & tenant, local government, news by sally

“There has been a lot of excitement about the Westminster FTT bedroom tax appeal by Mr Surinder Lall (eg Guardian, CAB). As I mentioned in my last post on the FTT bedroom tax decisions, it was hard to tell what had happened by looking at the decision itself and the press reports. Some, like the CAB, have taken the view that it was Mr Lall’s use of the second room to hold and use equipment related to his disability (he is blind) that was the basis of the decision. If so, this would be a ‘current use’ decision and highly significant, in view of the DWP’s position that ‘tenant use’ should not be a factor.”

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NearlyLegal, 28th September 2013

Source: www.nearlylegal.co.uk

Court of Appeal to rule in terror house seizure case – BBC News

Posted September 30th, 2013 in Afghanistan, appeals, families, housing, news, repossession, terrorism by sally

“The Court of Appeal could pave the way later for the first ever seizure of a family home as a terrorist asset.”

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BBC News, 30th September 2013

Source: www.bbc.co.uk

Facebook grooming case – Attorney General’s Office

“The Court of Appeal found that the 6 ½ yr sentence given to facebook groomer Husaini Master was unduly lenient and raised it to 9 yrs.”

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Attorney General’s Office, 24th September 2013

Source: www.gov.uk/ago

Court of Appeal increases sentence of man who conned elderly – Attorney General’s Office

Posted September 27th, 2013 in appeals, conspiracy, elderly, fraud, news, sentencing by sally

“Court of Appeal found the 21 month sentence given to Bernard Collins for conspiracy to defraud unduly lenient and increased it to 3 ½ years.”

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Attorney General’s Office, 24th September 2013

Source: www.gov.uk/ago

Time to Call a Halt – New Court of Appeal Guidance in Adoption Cases: Re B-S [2013] EWCA Civ 813 – Family Law Week

Posted September 27th, 2013 in adoption, appeals, family courts, news, parental rights by sally

“Alex Verdan QC of 4 Paper Buildings and Nicola Harries of Baxter Harries Solicitors draw lessons from new guidance in adoption cases, set out by the Court of Appeal in Re B-S in which they acted for the respondent.”

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Family Law week, 26th September 2013

Source: www.familylawweek.co.uk

Denial of contact with father too “draconian” – Court of Appeal – UK Human Rights Blog

“The Court of Appeal has taken the unusual step of reversing a denial of contact order, by reviewing the question of the proportionality of the order in relation to the children’s right to family life under Article 8.”

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UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog

“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”

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UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

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Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

Re A (A Child) – Pink Tape

Posted September 23rd, 2013 in appeals, children, contact orders, news by sally

“For those of you who had been pondering about the applicability of Re B [2013] UKSC 33 to private law cases – Re A (A Child) [2013] EWCA Civ 1104 goes some distance towards providing an answer. It concerns exceptionally long running private law proceedings, of the ‘implacable hostility’ variety, which the Circuit Judge acknowledged on concluding them had been characterised by systemic failure. The order was for no direct contact between the girl and her father and a s91(14) order until the child’s 16th birthday (she was 13 at the time). The father appealed and did so in person. He criticised the manner in which the entire proceedings had been conducted. He did not accept that the Circuit Judge was right to draw a line under the proceedings, now that the child was 13 years old and firmly expressing her opposition to contact and the proceedings.”

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Pink Tape, 22nd September 2013

Source: www.pinktape.co.uk

Police officers could face charges over men’s wrongful murder conviction – The Guardian

Posted September 23rd, 2013 in appeals, murder, news, ombudsmen, perverting the course of justice, police, whistleblowers by sally

“Fourteen police officers could face charges after senior judges found a ‘serious perversion of the course of justice’ in a murder case in which five men were wrongly convicted over a gangland murder.”

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The Guardian, 20th September 2013

Source: www.guardian.com

Policeman guilty of punching man who spat in his mouth faces sentencing – The Independent

Posted September 23rd, 2013 in appeals, assault, news, police, restraint, self-defence, sentencing, transfer of prisoners by sally

“A police officer who has been found guilty of punching a suspect after he spat in his mouth will be sentenced today.”

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The Independent, 20th September 2013

Source: www.independent.co.uk

Jail terms increased for burglars who targeted elderly – BBC News

Posted September 20th, 2013 in appeals, burglary, elderly, news, recidivists, sentencing by sally

“Two men who burgled dozens of homes in front of their elderly victims have had their sentences increased by a judge who said they left ‘a trail of misery’.”

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BBC News, 19th September 2013

Source: www.bbc.co.uk

Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week

Posted September 19th, 2013 in appeals, jurisdiction, news, residence orders, Supreme Court by sally

“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”

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Family Law Week, 18th September 2013

Source: www.familylawweek.co.uk

In re B-S (Children) – WLR Daily

Posted September 19th, 2013 in appeals, care orders, law reports by sally

In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348

“The Court of Appeal set out the exercise the court had to undertake when considering an application under section 47(5) of the Adoption and Children Act 2002 by a parent or guardian for leave to oppose the making of an adoption order, reiterated the fundamental principles of adoption, and explained what good practice, the 2002 Act and the Convention for the Protection of Human Rights and Fundamental Freedoms all demanded, both when the court was being asked to approve a care plan for adoption and when it was being asked to make a non-consensual placement order or adoption order. The Court of Appeal went on to consider the approach an appellate court should adopt when hearing an appeal against a refusal of leave under section 47(5).”

WLR Daily, 17th September 2013

Source: www.iclr.co.uk

Paedophile loses bank rule challenge – BBC News

Posted September 18th, 2013 in appeals, banking, child abuse, disclosure, news, police, privacy, proportionality, sexual offences by sally

“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”

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BBC News, 18th September 2013

Source: www.bbc.co.uk