Badger cull legal challenge fails at court of appeal – The Guardian

Posted September 12th, 2012 in animals, appeals, environmental protection, judicial review, news by tracey

“Badger Trust fails in attempt to stop two pilot culls aimed at tackling tuberculosis in cattle.”

Full story

The Guardian, 11th September 2012

Source: www.guardian.co.uk

England badger cull court appeal – BBC News

Posted September 11th, 2012 in animals, appeals, health, judicial review, news by tracey

“Badgers could be shot across England within weeks, barring a last minute legal challenge. Natural England is preparing to issue licenses that will allow farmers to shoot badgers at night in parts of Gloucestershire and Somerset.”

Full story

BBCNews, 11th September 2012

Source: www.bbc.co.uk

Alvi judgement – how to handle cases – UK Border Agency

Posted September 10th, 2012 in appeals, immigration, judgments, reports by tracey

“Guidance for caseworkers on deciding applications, responding to legal challenges and reconsideration requests.”

Full guidance

UK Border Agency, 7th September 2012

Source: www.ukba.homeoffice.gov.uk

Tony Nicklinson’s widow appeals over right-to-die ruling – BBC News

Posted September 10th, 2012 in appeals, assisted suicide, euthanasia, news by tracey

“The wife of Tony Nicklinson, a man with locked-in syndrome who died a week after losing a legal bid to end his life, is to appeal against the ruling.”

Full story

BBC News, 7th September 21012

Source: www.bbc.co.uk

Shafilea Ahmed’s mother seeks leave to appeal against conviction – The Guardian

Posted September 5th, 2012 in appeals, domestic violence, forced marriages, murder, news by sally

“Shafilea Ahmed’s mother, Farzana, is seeking leave to appeal against her conviction for murdering her daughter, it has emerged.”

Full story

The Guardian, 4th September 2012

Source: www.guardian.co.uk

High Court rejects probe into Malayan Emergency ‘massacre’ – Daily Telegraph

Posted September 4th, 2012 in appeals, armed forces, inquiries, news by tracey

“Campaigners calling for an official investigation into the alleged massacre of 24 Malaysian rubber plantation workers by British troops more than 60 years ago lost a High Court fight today.”

Full story

Daily Telegraph, 4th September 2012

Source: www.telegraph.co.uk

ABI sues over personal injury judgment that changes damages policy – The Lawyer

Posted September 3rd, 2012 in appeals, damages, insurance, news, personal injuries by tracey

“The Association of British Insurers (ABI) is preparing to go into battle with the claimant lobby after the Court of Appeal (CoA) said damages should be raised by 10 per cent from April next year.”

Full story

The Lawyer, 3rd September 2012

Source: www.thelawyer.com

Sex offender registration appeals introduced – BBC News

Posted September 3rd, 2012 in appeals, human rights, news, sexual offences by tracey

“Sex offenders in England and Wales can now appeal against staying on the sex offenders register for life – 15 years to the day since it was introduced.”

Full story

BBC News, 1st September 2012

Source: www.bbc.co.uk

Developers accused of killing Sandbanks trees have convictions overturned – Daily Telegraph

Posted August 31st, 2012 in appeals, criminal damage, news, no case to answer, trees by tracey

“Two property developers found guilty of killing trees to make way for their £11 million Sandbanks development have had their convictions overturned – after a judge ruled their alleged motive was not relevant to the case.”

Full story

Daily Telegraph, 31st August 2012

Source: www.telegraph.co.uk

Cartwright and another v Registrar of Companies – WLR Daily

Posted August 30th, 2012 in administration orders, appeals, conversion, insolvency, law reports, notification by tracey

Cartwright and another v Registrar of Companies: [2012] EWCA Civ 1159;   [2012] WLR (D)  255

“The date on which the administration of a company was converted into a creditors’ voluntary liquidation was the date on which the registrar of companies registered the conversion notice on the company’s file at Companies House, not the date the registrar received the notice sent by the administrators, on the true construction of paragraph 83 of Schedule B1 to the Insolvency Act 1986 as inserted. The administrators’ term of office was in general automatically extended if a conversion notice under paragraph 83 was duly filed.”

WLR Daily, 24th August 2012

Source: www.iclr.co.uk

In re L (A Child) (Recognition of Foreign Order) – WLR Daily

In re  L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157;   [2012] WLR (D)  252

“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”

WLR Daily, 21st August 2012

Source: www.iclr.co.uk

Krolik and others v Polish Judicial Authorities – WLR Daily

Posted August 28th, 2012 in appeals, evidence, extradition, human rights, law reports, prisons by tracey

Krolik and others v Polish Judicial Authorities: [2012] EWHC 2357 (Admin);   [2012] WLR (D)  254

“In the light of the presumption that Poland, as a member state of the Council of Europe, was able and willing to fulfil its obligations under the Convention for the Protection of Human Rights and Fundamental Freedoms, in the absence of clear, cogent and compelling evidence to the contrary, a strict approach would in future be adopted in deciding appeals against orders for extradition to Poland under European arrest warrants where the sole issue was whether extradition would constitute a breach of article 3 of the Convention by reason of prison conditions in that state.”

WLR Daily, 17th August 2012

Source: www.iclr.co.uk

Stephen Lawrence killers Gary Dobson and David Norris lose appeal bid – The Independent

Posted August 23rd, 2012 in appeals, murder, news by sally

“The two men jailed for the racist murder of black teenager Stephen Lawrence have lost the first round of their attempt to challenge their convictions at the Court of Appeal.”

Full story

The Independent, 23rd August 2012

Source: www.independent.co.uk

Ched Evans rape case: first appeal lost against conviction – BBC News

Posted August 21st, 2012 in appeals, consent, news, rape by sally

“The Wales and ex-Sheffield United footballer Ched Evans has lost the first stage of his appeal against his conviction for rape.”

Full story

BBC News, 21st August 2012

Source: www.bbc.co.uk

Commercial prejudice: the importance of precise and limited redactions – Panopticon

Posted August 20th, 2012 in appeals, contracts, freedom of information, news, public interest, tribunals by sally

“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”

Full story

Panopticon, 17th August 2012

Source: www.panopticonblog.com

Shut that (undemised) door! – NearlyLegal

Posted August 20th, 2012 in appeals, compensation, landlord & tenant, negligence, news, personal injuries by sally

“Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not?”

Full story

NearlyLegal, 19th August 2012

Source: www.nearlylegal.co.uk

Guesthouse couple win right to appeal – The Guardian

Posted August 15th, 2012 in appeals, hotels, news, sexual orientation discrimination, Supreme Court by sally

“The owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have won permission to take their case to the Supreme Court.”

Full story

The Guardian, 14th August 2012

Source: www.guardian.co.uk

Court of Appeal Clarifies the Law on Holiday Pay for Sick Workers – Harwicke Chambers

Posted August 14th, 2012 in appeals, employment, holiday pay, news, sick leave by sally

“In the recent decision of NHS Leeds v Larner [2012] EWCA Civ 1034, the Court of Appeal confirmed that workers on sick leave are entitled to carry forward unused statutory holiday entitlement without needing to submit a formal request to do so.”

Full story

Hardwicke Chambers, 7th August 2012

Source: www.hardwicke.co.uk

Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

“Directors of a charity cannot form part of an ‘organised grouping of employees’ and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.”

Full story

OUT-LAW.com, 14th August 2012

Source: www.out-law.com

The triple Olympic detainee – UK Human Rights Blog

Posted August 13th, 2012 in appeals, asylum, deportation, detention, human rights, news by sally

“Along with many others, today I find myself emerging from an Olympic haze. And alongside that morning-after blur comes a nagging feeling that it is time to get back to blogging. Why not start with a man who has watched the last three Olympic Games during what the High Court describes as an ‘enormously lengthy’ period of detention without charge, and whose last bail application was refused as it would be too difficult to keep track of him during the 2012 Olympics?”

Full story

UK Human Rights Blog, 13th August 2012

Source: www.ukhumanrightsblog.com