Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

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UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Lalit Modi loses appeal against £90,000 libel award to Chris Cairns – The Guardian

Posted October 31st, 2012 in appeals, damages, defamation, news, sport by sally

“An appeal against a £90,000 libel award to former New Zealand cricket captain Chris Cairns over an accusation of match-fixing has failed.”

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The Guardian, 31st October 2012

Source: www.guardian.co.uk

Supreme Court judgment: Prix v Work and Pensions Secretary – Head of Legal

Posted October 31st, 2012 in appeals, benefits, citizenship, EC law, freedom of movement, news, sex discrimination by sally

“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”

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Head of Legal, 31st October 2012

Source: www.headoflegal.com

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

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BBC News, 31st October 2012

Source: www.bbc.co.uk

Child maintenance powers ’emasculated’ after court ruling – Daily Telegraph

“Absent parents who fail to support their children may no longer be threatened with jail after a court ruling against a Government body set up to pursue them.”

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Daily Telegraph, 31st October 2012

Source: www.telegraph.co.uk

A v A – WLR Daily

Posted October 30th, 2012 in appeals, child abduction, children, law reports, residence orders by sally

A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297

“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

High Court calls for joined-up thinking on disclosure of sex offender information – UK Human Rights Blog

Posted October 30th, 2012 in appeals, criminal records, disclosure, news, sexual offences by sally

“The High Court has made an important ruling about the disclosure of information under the Child Sex Offender Disclosure Scheme (CSOD).”

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UK Human Rights Blog, 29th October 2012

Source: www.ukhumanrightsblog.com

Withdrawn, dismissed or discontinued – the extent of consent – NearlyLegal

Posted October 29th, 2012 in appeals, consent orders, landlord & tenant, news, receivers, trespass by sally

“A case perhaps best filed under the ‘Ooops’ category, which only took a trip to the Court of Appeal to sort out.”

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NearlyLegal, 25th October 2012

Source: www.nearlylegal.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

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OUT-LAW.com, 26th October 2012

Source: www.out-law.com

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

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NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

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Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com

Challenges to EIA screening directions could undergo judicial review – OUT-LAW.com

Posted October 26th, 2012 in appeals, environmental protection, judicial review, news, planning by tracey

“The Court of Appeal could be asked to carry out a judicial review of a Secretary of State decision on a screening direction for an environmental impact assessment (EIA) and to apply a lower threshold of reasonableness than ‘Wednesbury’ unreasonableness in its assessment.”

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OUT-LAW.com, 24th October 2012

Source: www.out-law.com

Women who worked for Birmingham council win equal pay court fight – The Guardian

Posted October 24th, 2012 in appeals, equal pay, local government, news, women by sally

“Scores of women who worked for a local authority have won an equal pay compensation fight at the UK’s highest court.”

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The Guardian, 24th October 2012

Source: www.guardian.co.uk

More appeals over police complaints handling, says IPCC – BBC News

Posted October 24th, 2012 in appeals, complaints, news, police, statistics by sally

“There has been a rise in the number of people unhappy with how police in England and Wales handled complaints.”

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BBC News, 24th October 2012

Source: www.bbc.co.uk

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Regina v Williams (Orette) – WLR Daily

Posted October 23rd, 2012 in appeals, firearms, law reports by sally

Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279

“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Terror suspects arrested in Somaliland lose UK appeal – BBC News

“Two men accused of being part of a ‘prolific extremist network’ have lost their appeal against control orders.”

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BBC News, 19th October 2012

Source: www.bbc.co.uk

Proportionality – between claim and hearing – NearlyLegal

Posted October 22nd, 2012 in appeals, complaints, housing, local government, news, proportionality by sally

“A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality.”

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NearlyLegal, 21st October 2012

Source: www.nearlylegal.co.uk

Murderer Jeremy Bamber’s legal bid for appeal refused – BBC News

Posted October 19th, 2012 in appeals, murder, news by sally

“Convicted killer Jeremy Bamber has lost the latest stage in his legal battle to clear his name.”

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BBC News, 19th October 2012

Source: www.bbc.co.uk