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”

Full story

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.”

Full story

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

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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