Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted December 5th, 2012 in appeals, delay, diplomats, embassies, extradition, human rights, law reports, time limits by sally

Regina (Tajik) v City of Westminster Magistrates’ Court and another [2012] EWHC 3347 (Admin); [2012] WLR (D) 361

“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Another reason to avoid the CAT – Emerson in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted December 4th, 2012 in appeals, competition, jurisdiction, news by sally

“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:

‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’

The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”

Full story

Competition Bulletin from Blackstone Chambers, 4th December 2012

Source: www.competitionbulletin.com

Housing and the CPR: A Factual and Speculative Account of Amendments Past and Present – Zenith Chambers

Posted December 4th, 2012 in appeals, civil procedure rules, committals, housing, news by sally

“The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter.”

Full story (PDF)

Zenith Chambers, 27th November 2012

Source: www.zenithchambers.co.uk

SodaStream to seek legal advice after ad ban appeal fails – The Guardian

Posted December 4th, 2012 in advertising, appeals, news by sally

“SodaStream is to seek legal advice after failing to get its £11m ad campaign on UK television, with the regulator understood to have rejected its appeal against a ruling it ‘denigrates’ the bottled drinks industry.”

Full story

The Guardian, 4th December 2012

Source: www.guardian.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Major legal battle to stop HS2 set to commence – Daily Telegraph

Posted December 3rd, 2012 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A major legal battle to stop the Government’s HS2 rail project is to begin in what campaigners think is their best chance of derailing the £32 billion scheme.”

Full story

Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

SodaStream ‘black’ TV ad protests regulator’s ban on original campaign – The Guardian

Posted November 29th, 2012 in advertising, appeals, complaints, demonstrations, news by sally

“SodaStream is to air a TV advert, featuring just a black screen with white text, in protest at an 11th-hour decision by regulators to ban its planned £11m campaign after an objection that it ‘denigrated’ the bottled drinks industry.”

Full story

The Guardian, 28th November 2012

Source: www.guardian.co.uk

Court of Appeal considers whether the Enhanced Criminal Records Certificate regime infringes Article 8 – Panopticon

Posted November 29th, 2012 in appeals, criminal records, disclosure, employment, human rights, news by sally

“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”

Full story

Panopticon, 28th November 2012

Source: www.panopticonblog.com

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

Full story

LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Danny Nightingale case: court of appeal to rule on jailed SAS soldier – The Guardian

“An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal.”

Full story

The Guardian, 29th November 2012

Source: www.guardian.co.uk

News International must pay Andy Coulson legal fees, appeals court rules – The Guardian

Posted November 28th, 2012 in appeals, fees, interception, media, news by sally

“Andy Coulson’s legal fees relating to criminal investigations into alleged illegal activity at the News of the World while he was editor should continue to be paid by News International, the court of appeal has ruled.”

Full story

The Guardian, 28th November 2012

Source: www.guardian.co.uk

Regina v Jaddi – WLR Daily

Posted November 28th, 2012 in appeals, asylum, fraud, law reports, possession of false identity documents by sally

Regina v Jaddi [2012] WLR (D) 347

“Where the questions of whether an asylum seeker had come to the United Kingdom directly from a country where his life had been threatened after staying in Italy for a few days and whether he had made a claim for asylum as soon as reasonably practicable in the United Kingdom had not been fully investigated by immigration control after false identity documents were presented, the defence under section 31 of the Immigration and Asylum Act 1999 should have been made available to him and the facts were for the jury to decide.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Bamber ‘life term’ appeal starts in European court – BBC News

Posted November 28th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Murderer Jeremy Bamber and two other killers will have their appeal against spending the rest of their lives in prison heard in the European Court of Human Rights later.”

Full story

BBC News, 28th November 2012

Source: www.bbc.co.uk

Christopher Halliwell’s ‘lenient’ murder term is appealed – BBC News

Posted November 28th, 2012 in appeals, murder, news, sentencing by sally

“An appeal is to be launched into the ‘lenient’ sentence of a taxi driver who murdered an office worker in Swindon.”

Full story

BBC News, 27th November 2012

Source: www.bbc.co.uk

Crown Prosecution Service v Eastenders Cash and Carry plc and others – WLR Daily

Crown Prosecution Service v Eastenders Cash and Carry plc and others [2012] EWCA Crim 2436; [2012] WLR (D) 346

“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”

WLR Daily, 23rd November 2012

Source: www.iclr.co.uk

Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange

Posted November 27th, 2012 in appeals, hearsay evidence, judgments, news by sally

“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”

Full story

Halsbury’s Law Exchange, 26th November 2012

Source: www.halsburyslawexchange.co.uk

In re Press Association – WLR Daily

In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343

“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk