Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317
“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”
Head of Legal, 12th November 2012
Source: www.headoflegal.com
“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin); [2012] WLR (D) 314
“The natural meaning of the language in the Osteopaths Act 1993 pointed to a threshold for the finding of ‘unacceptable professional conduct’ which there was no reason to distinguish from ‘misconduct’ in medical and dental legislation.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
“A man jailed for beating up a friend he saw embracing his wife has been freed on appeal – after she belatedly confessed to the affair.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had not given the prescribed information as required by the Housing (Tenancy Deposits)(Prescribed Information) Order 2007. T allegedly fell into rent arrears and L sought possession. T counter-claimned on the basis of lack of compliance with the Prescribed Information Order. L admitted non-compliance with the Order but argued that the requirement was largely procedural, thjat the purpose of the legislation was to protect depisits (which had been done) and that T could have found out all he wanted to know from teh scheme administrator. The lower Court dismised T’s claim holding that information in the tenancy agreement coupled with the further information provided by L during the hearing was enough to comply with the requirements of the Order.”
NearlyLegal, 7th November 2012
Source: www.nearlylegal.co.uk
“Footballer Ched Evans has lost the right to appeal against his conviction for rape.”
BBC News, 6th November 2012
Source: www.bbc.co.uk
“A man jailed for life for blinding his girlfriend by gouging out her eyes has had an appeal against his sentence refused.”
BBC News, 6th November 2012
Source: www.bbc.co.uk
“Footballer Ched Evans who was jailed for rape is launching a new challenge against his conviction today.”
Daily Telegraph, 6th November 2012
Source: www.telegraph.co.uk
“The Court of Appeal has confirmed that employees of a service provider cannot take advantage of certain legal protections when the client they provide services to changes at the same time as the company that they work for.”
OUT-LAW.com, 2nd November 2012
Source: www.out-law.com
“A private adoption agency could not justify its exclusion of same-sex prospective parents by arguing that this policy would keep open a source of funding that would otherwise dry up and reduce the number of adoption placements.”
UK Human Rights Blog, 3rd November 2012
Source: www.ukhumanrightsblog.com
“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”
UK Human Rights Blog, 3rd November 2012
Source: www.ukhumanrightsblog.com
“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.
Halsbury’s Law Exchange, 1st November 2012
Source: www.halsburyslawexchange.co.uk
“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”
UK Human Rights Blog, 1st November 2012
Source: www.ukhumanrightsblog.com
“Two men who were legally challenging their convictions for separate murders in Cardiff and Pembrokeshire have had their appeals dismissed.”
BBC News, 1st November 2012
Source: www.bbc.co.uk
“Lawyers have branded as a ‘cheat’s charter’ a Court of Appeal landmark ruling that an oil tycoon need not hand over to his wife £17.5m in assets held by his companies.”
Law Society’s Gazette, 1st November 2012
Source: www.lawgazette.co.uk
“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
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