Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by tracey

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435;   [2012] WLR (D)  338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Cambridge Crown Court rapist anonymity order overturned – BBC News

Posted November 22nd, 2012 in anonymity, appeals, media, news, rape, reporting restrictions by tracey

“The Court of Appeal has overturned an order made by a Cambridge judge who said a convicted rapist could not be identified by the media.”

Full story

BBC News, 22nd November 2012

Source: www.bbc.co.uk

Pomiechowski v District Court in Legnica, 59-220 Poland – WLR Daily

Posted November 22nd, 2012 in appeals, extradition, law reports, warrants by tracey

Pomiechowski v District Court in Legnica, 59-220 Poland [2012] EWHC 3161 (Admin); [2012] WLR (D) 331

“It was acceptable for a European arrest warrant to contain particulars of both convictions and accused offences.”

WLR Daily, 9th November 2012

Source: www.iclr.co.uk

Regina v YDG; Regina v ZSB – WLR Daily

Posted November 22nd, 2012 in abuse of process, appeals, criminal procedure, law reports, proceeds of crime by tracey

Regina v YDG: Regina v ZSB: [2012] EWCA Crim 2437;   [2012] WLR (D)  332

“Where a judge had directed, pursuant to section 29 of the Criminal Procedure and Investigations Act 1996, that there should be a preparatory hearing, and the conditions of that section were satisfied, he had no power to revoke his direction.”

WLR, 20th November 2012

Source: www.iclr.co.uk

Facebook faux pas and disciplinary proceedings – when do human rights come in? – UK Human Rights Blog

“Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority.”

Full story

UK Human Rights Blog, 21st November 2012

Source: www.ukhumanrightsblog.com

Danny Nightingale: the Attorney’s right, Hammond was wrong – Head of Legal

Posted November 22nd, 2012 in appeals, armed forces, attorney general, courts martial, firearms, news by tracey

“The Attorney General Dominic Grieve has been criticised for refusing to intervene in the case of Danny Nightingale, a soldier who pleaded guilty at a Court Martial recently to illegal possession of a gun and ammunition. Apparently Danny Nightingale’s solicitor intends to appeal, presumably against the sentence of 18 months detention. Grieve refused to intervene following a written request to do so from the Secretary of State for Defence, Philip Hammond.”

Full story

Head of Legal, 20th November 2012

Source: www.headoflegal.com

Sgt Danny Nightingale to appeal against gun conviction – BBC News

Posted November 22nd, 2012 in appeals, armed forces, courts martial, firearms, news by tracey

“Lawyers for an SAS soldier detained for possessing a pistol which he said was given as a war gift have launched an appeal against his conviction.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Whole life prison terms upheld by Court of Appeal – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, murder, news, prisons, rape by sally

“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Regina (Gujra) v Crown Prosecution Service – WLR Daily

Regina (Gujra) v Crown Prosecution Service [2012] UKSC 52; [2012] WLR (D) 330

“The Crown Prosecution Service, in deciding whether to use its statutory power to take over and discontinue a private prosecution on the ground that there was insufficient evidence, was entitled to apply the same test as that applicable to Crown prosecutors when conducting public prosecutions, namely that a prosecution should not be continued unless it was more likely than not that the defendant would be convicted.”

WLR Daily, 14th November 2012

Source: www.iclr.co.uk

Jailed SAS sniper Danny Nightingale to lodge appeal over sentence – The Guardian

“An SAS veteran of Iraq and Afghanistan will lodge an appeal on Wednesday against a decision to jail him for possessing a pistol and live ammunition at his home in Britain.”

Full story

The Guardian, 20th November 2012

Source: www.guardian.co.uk

Judges ruling on whole-life case – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, judges, murder, news, rape, sentencing by sally

“Five leading judges are to rule on appeals by four convicted criminals against their whole-life tariffs.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

‘I can’t intervene in SAS sniper case,’ attorney general tells defence secretary – The Guardian

“The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction.”

Full story

The Guardian, 20th November 2012

Source: www.guardian.co.uk

When does a professional appointment include a guarantee of success? – Zenith Chambers

Posted November 20th, 2012 in appeals, fire, news, professional conduct, warranties by sally

“For anyone concerned as to whether a professional appointment imposes a duty guaranteeing or warranting a successful outcome the Court of Appeal decision in Trebor Bassett Holdings Limited -and- The Cadbury UK Partnership v. ADT Fire and Security Plc (2012) EWCA Civ 1158 provides invaluable assistance.”

Full story

Zenith Chambers, 14th November 2012

Source: www.zenithchambers.co.uk

Just because it looks like a Duck, walks like a Duck and sounds like a Duck, does not mean it is Duck –or a house? – Hardwicke Chambers

Posted November 20th, 2012 in appeals, housing, leases, news by sally

“Part I of the Leasehold Reform Act 1967 was designed to alter the balance between freeholders and their residential tenants, by giving the leaseholders the right to an extended lease or to compulsory acquisition of the freehold.”

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Hardwicke Chambers, 16th November 2012

Source: www.hardwicke.co.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

Full story

Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

Full story

The Independent, 19th November 2012

Source: www.independent.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

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Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by tracey

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

Full story

OUT-LAW.com, 15th November 2012

Source: www.out-law.com

Senior judge attacks meritless immigration challenges – Daily Telegraph

Posted November 15th, 2012 in appeals, deportation, immigration, judges, news by sally

“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”

Full story

Daily Telegraph, 14th November 2012

Source: www.telegraph.co.uk