appeals – Page 276 – Current Awareness

The foreign rioter we cannot deport because of his ‘right to family life’ – Daily Telegraph

Posted July 5th, 2013 in appeals, deportation, human rights, immigration, news, proportionality, public order, tribunals by sally

“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”

Full story

Daily Telegraph, 5th July 2013

Source: www.telegraph.co.uk

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Appeal inquiry of 100-home Essex scheme unfair, rules High Court – OUT-LAW.com

Posted July 4th, 2013 in appeals, housing, inquiries, news, planning by sally

“A decision by a Planning Inspector to grant permission for a residential development in Great Dunmow, Essex is set to be quashed following a High Court ruling that the appeal process had been unfair.”

Full story

OUT-LAW.com, 3rd July 2013

Source: www.out-law.com

Contributory negligence claims and the use of child passenger restraints by Stuart Young – Sovereign Chambers

Posted July 3rd, 2013 in appeals, children, contribution, damages, negligence, news, personal injuries, third parties by sally

“Parents who fail to secure their children in appropriate child passenger seats can be found to be contributory negligent for any injuries that may be suffered by the child as a result of a road traffic accident, as confirmed by the recent Court of Appeal case Williams v Estate of Dayne Joshua Williams 2013.”

Full story

Sovereign Chambers, 1st July 2013

Source: www.sovereignchambers.co.uk

Game “rent on administration” case to be fast-tracked to the Court of Appeal – OUT-LAW.com

Posted July 3rd, 2013 in administrators, appeals, expenses, insolvency, landlord & tenant, news, rent by sally

“Landlords pursuing the administrators of Game for millions of pounds in rent that went unpaid while the retailer was insolvent will have their case fast-tracked to the Court of Appeal, according to press reports.”

Full story

OUT-LAW.com, 2nd July 2013

Source: www.out-law.com

Court to decide if Graham Ovenden’s sentence was too lenient – The Guardian

Posted July 3rd, 2013 in appeals, child abuse, disclosure, news, sexual offences, suspended sentences, victims by sally

“An internationally renowned artist who walked free from court despite being convicted of a string of sexual offences against child models is to have his sentence reviewed by the appeal court.”

Full story

The Guardian, 2nd July 2013

Source: www.guardian.co.uk

Regina v Lawrence – WLR Daily

Posted July 2nd, 2013 in appeals, firearms, guilty pleas, jurisdiction, law reports, pleadings, retrials by sally

Regina v Lawrence [2013] EWCA Crim 1054; [2013] WLR (D) 263

“The Court of Appeal (Criminal Division) had no power, when allowing an appeal against conviction, either to substitute a plea of guilty in respect of an offence as to which the defendant could not have pleaded or been found guilty or to order retrial.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner – WLR Daily

Posted July 2nd, 2013 in appeals, crime, evidence, interception, investigatory powers, law reports, telecommunications by sally

Regina v Edmondson; Regina v Weatherup; Regina v Brooks; Regina v Coulson; Regina v Kuttner [2013] EWCA Crim 1026; [2013] WLR (D) 262

“A voicemail message which had been received by the intended recipient and subsequently stored in the telecommunications system of the network provider so that the intended recipient might thereafter have continued access to it by playing back the message, remained “in the course of transmission”. The interception of such a voicemail message intentionally and without lawful authority was therefore an offence contrary to section 1 of Regulation of Investigatory Powers Act 2000.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

The Competition Commission’s power to block transactions outside the UK – Competition Bulletin from Blackstone Chambers

Posted July 2nd, 2013 in appeals, company law, competition, foreign companies, foreign jurisdictions, news, tribunals by sally

“The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (‘CC’) to block transactions between companies outside of the UK. However, neither party to the appeal will be entirely happy with the Competition Appeal Tribunal’s (‘CAT’) legal analysis. There must therefore be a chance that – in a future case even if not in this one – the decision will be subject to attacks from both directions.”

Full story

Competition Bulletin from Blackstone Chambers, 1st July 2013

Source: www.competitionbulletin.com

Regina v Austin (Herbert) – WLR Daily

Posted July 1st, 2013 in abuse of process, appeals, conspiracy, Crown, disclosure, evidence, judiciary, law reports, proceeds of crime, public interest immunity by sally

Regina v Austin (Herbert): [2013] EWCA Crim 1028; [2013] WLR (D) 257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

RIPA: hacked voicemails and undercover officers – Panopticon

Posted July 1st, 2013 in appeals, conspiracy, human rights, interception, investigatory powers, jurisdiction, media, news, police, privacy, telecommunications by sally

“The Regulation of Investigatory Powers Act 2000 (RIPA) has featured prominently in the news in recent weeks, both as regards undercover police officers/’covert human intelligence sources’ and as regards the phone-hacking scandal.”

Full story

Panopticon, 28th June 2013

Source: www.panopticonblog.com

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs; King’s College London v Same – WLR Daily

Posted June 28th, 2013 in appeals, charities, HM Revenue & Customs, law reports, sale of land, stamp duty, taxation by sally

The Pollen Estate Trustee Co Ltd v Revenue and Customs Comrs: King’s College London v Same: [2013] EWCA Civ 753; [2013] WLR (D) 255

“Where a charity contributed to the purchase of a property, to be held on trust for it and other, non-charitable, contributors in proportion to their contributions, the ‘chargeable interest acquired’ by reference to which stamp duty land tax was to be levied under Part 4 of the Finance Act 2003 was the equitable estate collectively acquired by the beneficiaries under the trust. However, paragraph 1(1) of Schedule 8 to the 2003 Act was to be interpreted as exempting the land transaction from charge to the extent of the charity’s interest.”

WLR Daily. 26th June 2013

Source: www.iclr.co.uk

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, asylum, damages, false imprisonment, homosexuality, immigration, judicial review, law reports by sally

Regina ((JB) (Jamaica)) v Secretary of State for the Home Department: [2013] EWCA Civ 666; [2013] WLR (D) 252

“Since the undisputed evidence was that homosexuals were routinely persecuted in Jamaica, the Secretary of State had acted unlawfully in designating Jamaica, under section 94(5)(a) of the Nationality, Immigration and Asylum Act 2002, as a state where there was ‘in general no serious risk of persecution of persons entitled to reside in that state.’ ”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Raju and others v Secretary of State for the Home Department – WLR Daily

Posted June 28th, 2013 in appeals, education, immigration, law reports, notification by sally

Raju and others v Secretary of State for the Home Department: [2013] EWCA Civ 754; [2013] WLR (D) 253

“Table 10 of Appendix A of paragraph 245FD of the Immigration Rules required that an applicant for leave to remain under the Tier 1 (Post-Study Work) provisions of the points-based system therein should have obtained the appropriate qualification before making the application in order to obtain the necessary points.”

WLR Daily, 25th June 2013

Source: www.iclr.co.uk

Proposals to speed up police disciplinary system announced – Home Office

Posted June 28th, 2013 in appeals, complaints, consultations, delay, police, press releases, tribunals by sally

“Government is to consult on improving police misconduct procedures, Policing Minister Damian Green announced on Tuesday.”

Full press release

Home Office, 25th June 2013

Source: www.gov.uk/home-office

A historic leap forward for equal pay claimants? – UK Human Rights Blog

Posted June 28th, 2013 in appeals, employment, equal pay, human rights, local government, news, Supreme Court by sally

“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”

Full story

UK Human Rights Blog, 27th June 2013

Source: www.ukhumanrightsblog.com

Snakes & ladders – New Law Journal

Posted June 28th, 2013 in appeals, causation, ex turpi causa, joint enterprise, negligence, news, personal injuries, proportionality by sally

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

Abela v Baadarain – WLR Daily

Posted June 27th, 2013 in appeals, documents, foreign jurisdictions, law reports, news, service, Supreme Court by sally

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Supreme Court gives green light to school staff to bring equal pay claims – Local Government Lawyer

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, news, Scotland, sex discrimination, Supreme Court by sally

“The Supreme Court has allowed an appeal by a 251-strong group of female council employees and restored an Employment Tribunal decision that they could bring equal pay claims.”

Full story

Local Government Lawyer, 26th June 2013

Source: www.localgovernmentlawyer.co.uk

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) – Supreme Court

Posted June 27th, 2013 in appeals, education, employment tribunals, equal pay, law reports, local government, Scotland, sex discrimination, Supreme Court by sally

North and others (Appellants) v Dumfries and Galloway Council (Respondent) (Scotland) [2013] UKSC 45 | UKSC 2011/0046 (YouTube)

Supreme Court, 26th June 2013

Source: www.youtube.com/user/UKSupremeCourt