Paralysed builder to carry on Tony Nicklinson’s right-to-die battle – The Guardian

Posted April 18th, 2013 in appeals, assisted suicide, disabled persons, human rights, news by sally

“A paralysed builder who has required round-the-clock care since a car accident 23 years ago has applied to the high court to be allowed to die with the help of a doctor, carrying on the legal fight begun by another seriously disabled man last year.”

Full story

The Guardian, 18th April 2013

Source: www.guardian.co.uk

Don’t look down: The decision in El-Dinnaoui v Westminster City Council – Hardwicke Chambers

Posted April 17th, 2013 in appeals, evidence, homelessness, housing, local government, news by sally

“The duty that local authorities have to accommodate homeless applicants in priority need is well established. But that duty, in section 193 of the Housing Act 1996, ceases to apply if a homeless applicant refuses to accept accommodation which is suitable for them.”

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Hardwicke Chambers, 12th April 2013

Source: www.hardwicke.co.uk

Abu Qatada: Home Office seeks Supreme Court appeal permission – BBC News

Posted April 17th, 2013 in appeals, deportation, news, Supreme Court, terrorism, torture by sally

“The government has asked for permission to appeal to the Supreme Court against a ruling preventing the deportation of radical Islamic cleric Abu Qatada.”

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BBC News, 17th April 2013

Source: www.bbc.co.uk

FSA was right to refuse FOI request, rules watchdog – OUT-LAW.com

Posted April 17th, 2013 in appeals, data protection, disclosure, freedom of information, news by sally

“The former City regulator, the Financial Services Authority, was right not to disclose information it held about a company it had investigated based on freedom of information (FOI) legislation carve outs, the Information Commissioner has ruled.”

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OUT-LAW.com, 16th April 2013

Source: www.out-law.com

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

Posted April 16th, 2013 in appeals, human rights, immigration, news, regulations, visas by sally

“The Home Office was successful in defending Immgiration Rules changes introduced to test migrants English language capabilities.”

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Home Office, 16th April 2013

Source: www.gov.uk/home-office

Regina v Asmeron – WLR

Posted April 16th, 2013 in appeals, defences, documents, immigration, law reports, refugees by sally

Regina v Asmeron [2013] EWCA Crim 435; [2013] WLR (D) 135

“Where a defendant was charged with an offence of entering the United Kingdom without a passport, contrary to section 2 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, the court could only rule that the defendant’s explanation for so doing was incapable in law of amounting to a good reason or a reasonable excuse if it could properly be said, on the true construction of the Act, that it would be inconsistent with the essential nature and purpose of the offence for the defendant’s explanation to be capable of amounting to a defence. The fact that a defence might be considered hopeless on the merits was not a good reason for a judge to withdraw it from the jury.”

WLR Daily, 11th April 2013

Source: www.iclr.co.uk

Restrictions on terror suspect student relaxed by court – BBC News

“Restrictions on a terror suspect who is studying at a London university should be relaxed, the High Court has ruled.”

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BBC News, 13th April 2013

Source: www.bbc.co.uk

Appeal court extends jail term of man who filmed rape on iPad – The Guardian

Posted April 15th, 2013 in appeals, deportation, news, rape, sentencing, video recordings by sally

“Appeal judges have almost doubled the jail sentence of a man who filmed himself raping a woman on his iPad.”

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The Guardian, 12th April 2013

Source: www.guardian.co.uk

McDaid v Nursing and Midwifery Council – WLR Daily

Posted April 10th, 2013 in appeals, evidence, law reports, midwives, professional conduct, whistleblowers by sally

McDaid v Nursing and Midwifery Council [2013] EWHC 586 (Admin); [2013] WLR (D) 132

“A professional conduct adjudication panel which had exceptionally decided to proceed in the absence of the accused was bound, in particular, to take reasonable steps to expose weaknesses in the case against the accused and to make such points on her behalf as the evidence permitted.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) – WLR Daily

Barratt Homes Ltd v Dŵr Cymru Cyfyngedig (Welsh Water) (No. 2) [2013] EWCA Civ 233 ; [2013] WLR (D) 131

“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina v Dawes; Regina v Hatter; Regina v Bowyer – WLR Daily

Posted April 5th, 2013 in appeals, defences, homicide, law reports by sally

Regina v Dawes; Regina v Hatter; Regina v Bowyer [2013] EWCA Crim 322; [2013] WLR (D) 130

“For the purposes of the defence of loss of self-control, on a charge of murder, the questions whether the circumstances were extremely grave and whether the defendant’s sense of being seriously wronged by them was justifiable required objective assessment by the judge at the end of the evidence and, if the defence was left, by the jury considering their verdict. They were not to be decided by the defendant on the basis of any assertions he might make in evidence or any account he might give in the investigative process.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Day and another v Day – WLR Daily

Day and another v Day [2013] EWCA Civ 280; [2013] WLR (D) 129

“For the purposes of the doctrine of rectification in the case of a voluntary settlement it was the subjective intention of the settlor that was of relevance in determining whether the court should order rectification and an outward expression or objective communication of that intention was unnecessary in such a case.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina (Patel) v General Medical Council – WLR Daily

Posted April 3rd, 2013 in appeals, doctors, education, judicial review, law reports, universities by sally

Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128

“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina (Dowsett) v Secretary of State for Justice – WLR Daily

Regina (Dowsett) v Secretary of State for Justice [2013] EWHC 687 (Admin); [2013] WLR (D) 126

“The Secretary of State’s policy that male prisoners could not normally object to “rub-down” searches being conducted by a female prison officer except on genuine religious or cultural grounds was not discriminatory on grounds of sex or lack of religion. The exceptions to the policy were a proportionate way of dealing with genuine objections by male prisoners to being searched by female officers and the width of the exceptions to the policy did not lead to an unacceptable risk of unlawful decision-making.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

One into Two will go – but only if it’s done reasonably and proportionately – Zenith Chambers

Posted April 2nd, 2013 in appeals, housing, local government, news, Supreme Court by sally

“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Albion v Dwr Cymru: Incompetence and counterfactuals – Competition Bulletin from Blackstone Chambers

Posted April 2nd, 2013 in appeals, competition, damages, news, tribunals, water companies by sally

“The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in relation to the price it was prepared to charge Albion for the use of its water pipes.”

Full story

Competition Bulletin from Blackstone Chambers, 28th March 2013

Source: www.competitionbulletin.com

Last week not a good one for Theresa May: not just Abu Qatada – UK Human Rights Blog

Posted April 2nd, 2013 in appeals, asylum, deportation, human rights, immigration, news, terrorism by sally

“Hot on the Home Secretary’s loss of the Abu Qatada appeal, a reverse for her in another deportation case about someone whom the Court of Appeal described as ‘an important and significant member of a group of Islamist extremists in the UK,’ and who was said to have links – direct or indirect – with men involved in the failed July 21 2005 bombing plot.”

Full story

UK Human Rights Blog, 31st March 2013

Source: www.ukhumanrightsblog.com

Conor Gearty: The Important Inconvenience of the Rule of Law – UK Constitutional Law Group

Posted April 2nd, 2013 in appeals, deportation, human rights, immigration, news, rule of law, torture by sally

“Omar Othman is a resident of this country – guilty of no crime and up to now facing no charges – whose home country wants to put him on trial in a case where the key evidence against him will in all likelihood have been procured by torture. The only reason he probably won’t be tortured is because the state concerned has reluctantly promised (as an inducement to get him back) not to follow its usual routine.”

Full story

UK Constitutional Law Group, 30th March 2013

Source: www.ukconstitutionallaw.org

Parshall v Hackney – WLR daily

Posted March 28th, 2013 in appeals, land registration, law reports, limitations by tracey

Parshall v Hackney: [2013] EWCA Civ 240;   [2013] WLR (D)  124

“Where land was concurrently registered under two different titles, neither owner could be in adverse possession of the land for the purposes of the Limitation Act 1980 since such possession would not be unlawful.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Abu Qatada’s deportation is unlikely, but charges might see him jailed – The Guardian

Posted March 28th, 2013 in appeals, bail, deportation, immigration, news, terrorism, tribunals by tracey

“UK courts have ruled against sending Abu Qatada to Jordan, but now he might be charged for allegedly breaching bail conditions.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk