High court rejects legal challenge to Barnet’s ‘easyCouncil’ plans – The Guardian

“Campaigners against Barnet council’s radical plan to outsource hundreds of millions of pounds worth of services, dubbed easyCouncil, are to take their case to the appeal court after a judge ruled their objection to a £320m contract had come too late.”

Full story

The Guardian, 29th April 2013

Source: www.guardian.co.uk

In re C (A Child) (Adoption: Placement order) – WLR Daily

Posted April 29th, 2013 in adoption, appeals, children, law reports, news, parental rights, placement orders by sally

In re C (A Child) (Adoption: Placement order): [2013] EWCA Civ 431;   [2013] WLR (D)  151

“Guidance as to the steps to be followed where an application to the Court of Appeal was made for permission to appeal against the making of a placement order, or of any order consequent upon the making of a placement order, in adoption proceedings.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Does browsing the web make you a copyright infringer? – Technology Law Update

Posted April 29th, 2013 in appeals, copyright, internet, licensing, news by sally

“The UK Supreme Court recently considered an interesting appeal in Public Relations Consultants Association Limited v The Newspaper Licensing Agency Limited and others, concerning the status in copyright law of temporary copies of web pages held in an internet browser cache or on the screen of end users reading those pages.”

Full story

Technology Law Update, 26th April 2013

Source: www.technology-law-blog.co.uk

Home Office fury as drug dealer immigrant wins right to stay in UK – Daily Telegraph

Posted April 29th, 2013 in appeals, deportation, drug offences, families, human rights, immigration, news by sally

“A judge’s decision to allow a convicted drug dealer who abandoned his children
the right to stay in Britain over his ‘human rights’ is at the centre of
mounting political protest.”

Full story

Daily Telegraph, 27th April 2013

Source: www.telegraph.co.uk

BT wins right to take Sky Sports price ruling to court of appeal – The Guardian

Posted April 26th, 2013 in appeals, competition, media, news by sally

“BT has won the right to take a competition regulator ruling that stopped BSkyB being forced to offer Sky Sports 1 and 2 to rival TV services at a discount of up to 23% to the court of appeal.”

Full story

The Guardian, 26th April 2013

Source: www.guardian.co.uk

Regina v JFJ – WLR Daily

Posted April 26th, 2013 in appeals, assault, double jeopardy, law reports by sally

Regina v JFJ: [2013] EWCA Crim 569;   [2013] WLR (D)  149

“A plea of autrefois acquit or convict was to be narrowly confined to cases where the offences were the same in fact or law. In any case where the narrow application of that principle would result in unfairness or injustice to a defendant, amounting to oppression, the remedy lay in the power of the court to stay the proceedings.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

The felling of a tree might breach occupier’s right to respect for a home – UK Human Rights Blog

Posted April 26th, 2013 in appeals, housing, landlord & tenant, local government, mental health, news, trees by sally

“Lane v Kensington & Chelsea Royal London Borough Council (19 April 2013) – extempore judgement by Sir Raymond Jack QBD.”

Full story

UK Human Rights Blog, 25th April 2013

Source: www.ukhumanrightsblog.com

A Further Deposit From the Court of Appeal – NearlyLegal

Posted April 26th, 2013 in appeals, deposits, landlord & tenant, news, rent by sally

“The Court of Appeal has been turning its mind to another of the odd questions that has sprung from the fertile litigious bosom of tenancy deposit protection. In this case the argument was over the question of rent payable in advance.”

Full story

NearlyLegal, 23rd April 2013

Source: www.nearlylegal.co.uk/blog/

Father loses custody fight for child he never knew he had – Daily Telegraph

Posted April 26th, 2013 in adoption, appeals, custody, news, parental rights by sally

“A ‘cruelly deceived’ father whose son was put up for adoption without him even
knowing of his existence has had his hopes of gaining custody dashed following a
court ruling.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

Regina v Cosford and others – WLR Daily

Regina v Cosford and others [2013] EWCA Crim 466; [2013] WLR (D) 147

“The test for identifying a public office turned on the nature of the duty undertaken and, in particular, whether it was a public duty in the sense that it represented the fulfilment of one of the responsibilities of government such that the public had a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. The existence or otherwise of a public office was a question of law to be decided by a trial judge not by a jury.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

Full story

Halsbury’s Law Exchange, 24th April 2013

Source: www.halsburyslawexchange.co.uk

Theresa May to set out next steps over Abu Qatada deportation – The Guardian

Posted April 24th, 2013 in appeals, deportation, evidence, news, terrorism, torture by sally

“Theresa May is to detail renewed diplomatic attempts to secure fresh assurances from Jordan that the radical Islamist preacher Abu Qatada will not face a trial based on torture-obtained evidence if he is deported from Britain.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

Abu Qatada: court rejects government’s appeal bid – The Guardian

Posted April 23rd, 2013 in appeals, deportation, news, Supreme Court by sally

“Theresa May’s legal battle to deport the radical Islamist preacher Abu Qatada has suffered a further setback with the court of appeal turning down her attempt to take the case to the supreme court.”

Full story

The Guardian, 23rd April 2013

Source: www.guardian.co.uk

‘In the sure and certain hope of the resurrection’ – Zenith Chambers

Posted April 23rd, 2013 in appeals, housing, landlord & tenant, local government, news, notification, trespass by sally

“The concept of the tolerated trespasser came about as a result of London Borough of Brent v Burrows [1996] 1 WLR 1448. It is a concept familiar to housing lawyers, and one whose demise was little mourned. It caused much argument, litigation and confusion in housing law. The amendments introduced by the Housing and Regeneration Act 2008 were intended (by ensuring that a secure tenancy did not come to an end before execution of any possession order) to be the final nail on the coffin of the tolerated trespasser. As a concept, they would no longer exist.”

Full story (PDF)

Zenith Chambers, 23rd April 2013

Source: www.zenithchambers.co.uk

Briton Lindsay Sandiford challenges government refusal to fund appeal against Bali drug smuggling death sentence – The Independent

“Lawyers for British grandmother Lindsay Sandiford today launched an urgent new legal challenge over a UK Government refusal to fund her appeal against a death sentence imposed by an Indonesian court after she was found guilty of drug smuggling.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Boardman v Governing Body of Clarence High School and another – WLR Daily

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

George v Ministry of Justice – WLR Daily

George v Ministry of Justice [2013] EWCA Civ 324; [2013] WLR (D) 144

“A provision in a collective agreement allowing for time off in lieu within a specified period where a prison officer was requested to work extra hours was not contractual.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Reeves (Listing Officer) v Northrop – WLR Daily

Posted April 19th, 2013 in appeals, council tax, housing, law reports, local government, ships, valuation by sally

Reeves (Listing Officer) v Northrop: [2013] EWCA Civ 362;   [2013] WLR (D)  141

“In determining whether occupation of a houseboat was rateable the Valuation Tribunal had fallen into error by failing to treat duration of occupation as an important factor in its assessment.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk