Category: appeals

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) – WLR Daily

Posted June 13th, 2013 in appeals, law reports, shipping law by sally

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] EWCA Civ 650; [2013] WLR (D) 221

A shipowner was entitled (1) to refuse to deliver up cargo covered by a bill of lading to the consignee under that bill, in exercise of its lien for general average contribution for that cargo, notwithstanding receipt of an unlimited guarantee from the insurers of the cargo undertaking in consideration of delivery to pay any general average contribution due in respect of the cargo; and (2) to recover storage and other expenses incurred by it in exercising its lien after the cargo was discharged from the vessel.

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) – Supreme Court

Posted June 13th, 2013 in appeals, arbitration, foreign jurisdictions, injunctions, law reports, Supreme Court by sally

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) [2013] UKSC 35 | UKSC 2011/0172

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of B (a Child) (FC) – Supreme Court

Posted June 13th, 2013 in appeals, care orders, children, news, Supreme Court by sally

In the matter of B (a Child) (FC) [2013] UKSC 33 | UKSC 2013/0022 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Johnson v. Old, deposits and rent paid by housing benefit – The Barristers’ Hub

Posted June 13th, 2013 in appeals, benefits, deposits, housing, landlord & tenant, news, rent by sally

“We’ve all seen the ubiquitous scene from the American court-room drama where the bespectacled and previously underrated legal assistant/student/intern etc. bursts into the back of the crowded court, and shouts ‘State v. Jones’ whilst waving the paper judgment triumphantly at the judge. The judge is thereby stopped from making the patently unjust ruling he was about to make, changing his mind in favour of the film’s protagonist. This doesn’t happen in real life, so it was with much anticipation that I awaited the case of Johnson v Old [2013] EWCA Civ 415, which I used in court less than 24 hours after it was handed down. My thanks go to Karen Reid, one of our pupils at 1 Gray’s Inn Square, who rushed from the RCJ, clutching the judgment, ink still drying from Sir John Chadwick’s quill (well, printer at least).”

Full story

The Barristers’ Hub, 12th June 2013

Source: www.barristershub.co.uk

Supreme court chooses the ‘third way’ in Prest divorce case – The Guardian

Posted June 12th, 2013 in appeals, divorce, enforcement, financial dispute resolution, judgments, news, Supreme Court by sally

“Lord Sumption’s ruling resolves the dilemma of enforcing the law and doing judgment.”

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The Guardian, 12th June 2013

Source: www.guardian.co.uk

Choirmaster loses appeal against sentence for child sex offences – The Guardian

Posted June 12th, 2013 in abuse of position of trust, appeals, child abuse, news, sentencing, sexual offences by sally

“A choirmaster jailed for six years for indecently assaulting a former pupil has lost a challenge against the length of his sentence.”

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The Guardian, 12th June 2013

Source: www.guardian.co.uk

Appeal court cuts jail term for woman who aborted baby at 40 weeks – The Guardian

Posted June 12th, 2013 in abortion, appeals, homicide, news, sentencing by sally

“A woman jailed for eight years after aborting her unborn baby within a week of her due date has had her sentence reduced to three and a half years.”

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The Guardian, 12th June 2013

Source: www.guardian.co.uk

Hay and others v Gilgrove Ltd and another – WLR Daily

Posted June 12th, 2013 in appeals, contract of employment, employment tribunals, law reports, markets, remuneration by sally

Hay and others v Gilgrove Ltd and another [2013] EWCA Civ 412; [2013] WLR (D) 220

“On the true construction of a collective agreement incorporated into the claimants’ contracts all who performed the role of a market porter, whether registered or unregistered, were entitled to share equally in ‘porterage’ charges made by the employer to customers for the movement of goods.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Calix v Attorney General of Trinidad and Tobago – WLR Daily

Posted June 12th, 2013 in appeals, damages, homelessness, law reports, malicious prosecution, Privy Council, rape by sally

Calix v Attorney General of Trinidad and Tobago [2013] UKPC 15; [2013] WLR (D) 219

“Oddity of personality did not of itself diminish the value of one’s good character and, therefore, a judge had erred in reducing a plaintiff’s damages for malicious prosecution on the basis that his reputation and social standing did not amount to much because he had chosen to withdraw from society and live as a recluse.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Warning: CPS keep victim appeals in house – Halsbury’s Law Exchange

Posted June 12th, 2013 in abuse of process, appeals, complaints, consultations, Crown Prosecution Service, judicial review, news, prosecutions, victims by sally

“There is a new independent Assessor (Stephen Shaw) for non-legal complaints made about the Crown Prosecution Service (CPS) but not for the legal ones – how very odd! It was recently reported that victims of crime will be able to ‘win the right’ to appeal against decisions by the CPS not to charge suspects and there is a consultation which is open until the 5th of September 2013. It has a mnemonic ‘VRR’ which stands for a ‘Victim’s Right to Review’.”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Can an employer increase the sanction for misconduct on appeal? – UK Human Rights Blog

Posted June 12th, 2013 in appeals, disciplinary procedures, doctors, news, penalties, professional conduct by sally

“The answer of the Court was that clear and express words in the contract would be required in order to confer a power to increase a sanction on an Appeal Panel.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Family’s ‘torture’ as they face losing home under anti-terror law – The Independent

Posted June 12th, 2013 in appeals, Crown Prosecution Service, families, forfeiture, homelessness, news, proceeds of crime, terrorism by sally

“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”

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The Independent, 12th June 2013

Source: www.independent.co.uk

Costs that fall within court-approved budget not necessarily proportionate, court suggests – OUT-LAW.com

Posted June 11th, 2013 in appeals, budgets, costs, news, proportionality by sally

“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Prest v Prest: supreme court prepares to rule on landmark divorce wrangle – The Guardian

Posted June 10th, 2013 in appeals, company law, divorce, financial provision, matrimonial home, news, Supreme Court by sally

“Does a one-man company metamorphose into one man simply because the person with a wish to abstract its assets is his wife?”

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The Guardian, 10th June 2013

Source: www.guardian.co.uk

Court increases sentences for trio jailed for sexually assaulting unconscious teen – The Guardian

Posted June 7th, 2013 in appeals, news, sentencing, sexual offences, video recordings by sally

“Three men to serve five and a half years after appeal judges rule original sentence for assault on 18-year-old was too lenient.”

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The Guardian, 7th June 2013

Source: www.guardian.co.uk

Appeal of artist paedophile Graham Ovenden’s ‘unduly lenient’ sentence mooted to Attorney General – The Independent

Posted June 6th, 2013 in appeals, news, sentencing, sexual offences, suspended sentences by sally

“The Attorney General is considering referring the sentence of an internationally renowned artist from Cornwall to the Court of Appeal to see if it was ‘unduly lenient’.”

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The Independent, 6th June 2013

Source: www.independent.co.uk

Newbold and others v Coal Authority – WLR Daily

Posted June 6th, 2013 in appeals, housing, law reports, notification by sally

Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216

“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Regina v X Ltd – WLR Daily

Posted June 6th, 2013 in appeals, consumer protection, law reports by sally

Regina v X Ltd [2013] EWCA Crim 818; [2013] WLR (D) 212

“For the purposes of regulations protecting consumers from unfair trading, the term ‘commercial practices’ could cover isolated acts as well as repeated behaviour; it depended on the circumstances. The concept was concerned with systems rather than individual transactions.”

WLR Daily, 23rd May 2013

Source: www.iclr.co.uk

Carmarthenshire blogger told to pay £230,000 legal costs – BBC News

Posted June 6th, 2013 in appeals, costs, damages, defamation, harassment, local government, news by sally

“A Carmarthenshire blogger fears losing her home after being told to pay a £230,000 legal bill for a failed bid to sue a council chief executive.”

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BBC News, 5th June 2013

Source: www.bbc.co.uk