Criminal Cases Review Commission – better the devil you know? – Halsbury’s Law Exchange

Eddie Gilfoyle’s case is one of a relatively small number of alleged miscarriages of justice that stubbornly refuse to go away. On 4 June 1992, his wife, Paula Gilfoyle, was found, eight and a half months pregnant, hanging from a rope tied to a roof beam in the garage. For the last 20 years Mr Gilfoyle has protested his innocence, arguing that Paula’s death was a tragic suicide. The prosecution argument was that expectant mothers don’t kill themselves, especially bubbly young women with everything to live for.

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Halsbury’s Law Exchange, 15th February 2013

Source: www.halsburyslawexchange.co.uk

Met police loses bid to overturn award to autistic teenager – The Guardian

“The court of appeal has rejected an attempt by the Metropolitan police commissioner Sir Bernard Hogan-Howe to overturn an award of £28,250 in damages to a severely autistic teenager who was put in handcuffs and leg restraints and held in a police van after jumping into a swimming pool.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

Former Scotland Yard commander Ali Dizaei loses appeal against conviction – The Guardian

“The former Scotland Yard commander Ali Dizaei has lost his appeal against a conviction which ended the career of one of the most controversial police officers in recent times.”

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The Guardian, 14th February 2013

Source: www.guardian.co.uk

Autism damages case: Met Police loses damages appeal – BBC News

Posted February 14th, 2013 in appeals, autism, damages, false imprisonment, mental health, news, police by sally

“The Court of Appeal has rejected a bid to overturn a damages award made to a teenager with autism restrained by police after jumping fully-clothed into a swimming pool.”

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BBC News, 14th February 2013

Source: www.bbc.co.uk

Court of Appeal: solicitor not liable for fellow partner’s fraud – Legal Futures

Posted February 14th, 2013 in appeals, fraud, mortgages, news, partnerships, solicitors by sally

“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”

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Legal Futures, 14th February 2013

Source: www.legalfutures.co.uk

Government’s back to work schemes ruled unlawful without rights to refuse – UK Human Rights Blog

Posted February 14th, 2013 in appeals, employment, forced labour, news, social security by sally

“The Court of Appeal has ruled that regulations under the Jobseekers Act 1995 were unlawful as not meeting the requirements of that statute.”

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UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted February 14th, 2013 in appeals, employment, forced labour, law reports, regulations, social security by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 ; [2013] WLR (D) 55

“‘The scheme’ named in the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 did not comply with the requirements of section 17A of the Jobseekers Act 1995 and was unlawful.”

WLR Daily, 12th February 2013

Source: www.iclr.co.uk

Saudi princes warn of damage to UK relations if allegations emerge in trial – The Guardian

Posted February 14th, 2013 in appeals, disclosure, immunity, news, royal family, shareholders by sally

“Relations between the UK and Saudi Arabia will suffer if what are said to be highly damaging allegations about business deals surface during a London trial, lawyers for two Saudi princes have warned the high court.”

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The Guardian, 13th February 2013

Source: www.guardian.co.uk

Lost renewables subsidies successfully claimed as human rights damages – UK Human Rights Blog

Posted February 14th, 2013 in appeals, damages, energy, human rights, news by sally

“This decision upholding an award of damages for a claim under Article 1 Protocol 1 (right to possessions) may seem rather straightforward to a non-lawyer. Infinis lost out on some subsidies because the regulator misunderstood a complex legal document. It could not claim those subsidies any more, so it claimed and got damages from the regulator. But the relatively novel thing is that English law does not generally allow claims for damage caused by unlawful action by the state. And yet the Court of Appeal found it easy to dismiss the regulator’s appeal on this point.”

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UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

International legal aid: private conscience and public duty – LegalVoice

“Lindsay Sandiford, the British woman sentenced to death for smuggling just under five kilos of cocaine into Bali, has obtained sufficient funds to appeal, writes Roger Smith.”

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LegalVoice, 12th February 2013

Source: www.legalvoice.org.uk

Back-to-work scheme breached laws, says Court of Appeal – BBC News

Posted February 12th, 2013 in appeals, benefits, forced labour, news, volunteers by tracey

“The government’s back-to-work schemes have suffered a setback after Appeal Court
judges agreed with a university graduate’s claim that unpaid schemes were
legally flawed.”

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BBC News, 12th February 2013

Source: www.bbc.co.uk

Council tax challenge goes to the Court of Appeal – BBC News

Posted February 12th, 2013 in appeals, benefits, consultations, council tax, local government, news, poverty by tracey

“A single mother is taking her legal battle over a north London council’s plans
to make people on benefits contribute to their council tax bill to the Court of
Appeal.”

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BBC News, 12th February 2013

Source: www.bbc.co.uk

Does VTB v Nutritek foreshadow the Supreme Court’s approach to the Petrodel appeal on piercing the corporate veil? – Family Law week

Posted February 12th, 2013 in appeals, company law, disclosure, financial provision, matrimonial home, news by tracey

“Emily Marshall, family law professional support lawyer at Irwin Mitchell considers the possible implications of the Supreme Court’s decision in a commercial case on the forthcoming appeal in the Petrodel appeal, to be heard in March.”

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Family Law Week, 11th February 2013

Source: www.familylawweek.co.uk

Judgment expected on government’s unpaid work schemes – The Guardian

Posted February 12th, 2013 in appeals, compensation, forced labour, news, volunteers by tracey

“The court of appeal will on Tuesday judge whether government employment schemes constitute forced labour and if tens of thousands of unemployed people will still be entitled to compensation after being wrongly sanctioned by the Department of Work and Pensions.”

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The Guardian, 12th February 2013

Source: www.guardian.co.uk

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc – WLR daily

Posted February 11th, 2013 in appeals, canals, law reports, sewerage, statutory interpretation by sally

The Manchester Ship Canal Co Ltd and another v United Utilities Water plc [2013] EWCA Civ 40; [2013] WLR (D) 50

“The implied power of sewerage undertakers to discharge the contents of sewers via their outfalls onto third party property without the owner’s consent had not passed to their successor companies under the transfer scheme entered into as part of the privatisation process implemented under the Water Act 1989.”

WLR Daily, 7th February 2013

Source: www.iclr.co.uk

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others – WLR Daily

Posted February 11th, 2013 in appeals, copyright, data protection, database right, EC law, law reports, sport by sally

Football Dataco Ltd and others v Sportradar GmbH and others; Same v Stan James plc and others [2013] EWCA Civ 27; [2013] WLR (D) 48

“Pursuant to article 7 of Parliament and Council Directive 96/9/EC on the legal protection of databases, a sui generis database right subsisted in a database consisting of information gathered live at football matches as those matches proceeded. It was not the case that there could be no article 7 right unless there was investment in collecting together materials which had already been recorded.”

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Does the state owe a duty to inform the wronged? And Ullah revisited – UK Human Rights Blog

Posted February 11th, 2013 in appeals, children, human rights, news, restraint by sally

“The Court of Appeal dismissed this claim by a children’s NGO for an order that the Secretary of State provide information to certain children to the effect that the SoS and his contractors had unlawfully used bodily restraint upon them whilst they were ‘trainees’ in Secure Training Centres.”

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UK Human Rights Blog, 10th February 2013

Source: www.ukhumanrightsblog.com

£23m of parking fines ‘may have been unlawful’ – BBC News

Posted February 11th, 2013 in appeals, fines, local government, news, parking, time limits by sally

“Almost 350,000 parking fines – totalling an estimated £23m – may have been unlawfully issued to motorists in London, a BBC investigation has found.”

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BBC News, 11th February 2013

Source: www.bbc.co.uk

Appeal court orders release of severely disabled prisoner – The Guardian

Posted February 11th, 2013 in appeals, drug trafficking, early release, medical treatment, news, prisons by sally

“The appeal court has shown ‘exceptional mercy’ to a severely disabled prisoner, releasing him from prison early after his lawyers argued the prison service could not meet his complex medical needs.”

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The Guardian, 8th February 2013

Source: www.guardian.co.uk

Pensioner ‘held prisoner’ by local council wins legal victory – The Independent

Posted February 11th, 2013 in appeals, care homes, compensation, human rights, local government, mental health, news by sally

“A pensioner who was ‘held prisoner’ by a local authority won a legal victory when the council admitted violating her human rights.”

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The Independent, 8th February 2013

Source: www.independent.co.uk