Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by tracey

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987;  [2012] WLR (D)  216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

BBC lawyers consider formal appeal over court ban on riots drama – The Guardian

Posted July 20th, 2012 in appeals, BBC, injunctions, media, news, violent disorder by tracey

“Lawyers for the BBC are considering making a formal appeal against a court order that has banned the corporation from showing a dramatised film about the experiences of rioters who took part in last summer’s disorder.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Jeremy Bamber granted appeal in European court – Daily Telegraph

Posted July 19th, 2012 in appeals, human rights, murder, news, sentencing by tracey

“Jeremy Bamber, who murdered five members of his family, have been granted an appeal by the Grand Chamber of Europe’s human rights court.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Shergill and others v Khaira and others – WLR daily

Posted July 19th, 2012 in appeals, law reports, succession, trusts by tracey

Shergill and others v Khaira and others: [2012] EWCA Civ 983;  [2012] WLR (D)  214

“The courts will abstain from adjudicating on the truth, merits or sincerity of differences in religious doctrine or belief and on the correctness or accuracy of religious practice, custom or tradition.”

WLR daily, 17th July 2012

Source: www.iclr.co.uk

Regina (Modhej and another) v Secretary of State for Justice – WLR Daily

Posted July 19th, 2012 in appeals, law reports, release on licence, sentencing by tracey

Regina (Modhej and another) v Secretary of State for Justice: [2012] EWCA Civ 957;  [2012] WLR (D)  210

“Where the Court of Appeal allowed an appeal against sentence at a time by which, subsequent to the original passing of sentence, the law had changed in relation to release on licence, it was not the case that reliance could be placed on the particularities of such date in order to claim that it was the later provisions which governed matters relating to release.”

WLR Daily, 17th July 2012

Source: www.iclr.co.uk

Man jailed for 16 years could be freed through fresh DNA evidence – The Guardian

“A man who has spent almost 16 years in prison for a crime he always denied committing may soon be freed after DNA traces from another man persuaded investigators to refer his case to the court of appeal.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same – WLR Daily

Posted July 18th, 2012 in appeals, asylum, Iraq, judicial review, law reports, stay of proceedings by tracey

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same: [2012] EWCA Civ 940;  [2012] WLR (D)  207

“A claimant affected by, but not party to, a country guidance determination which was under appeal to the Court of Appeal was not entitled to an automatic stay of removal pending the outcome of the appeal. It was in the court’s discretion to grant a stay, but the court should not stay removal pending the decision of the Court of Appeal unless the claimant had adduced a clear and coherent body of evidence that the findings of the tribunal were in error.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by tracey

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Leach v Office of Communications – WLR Daily

Leach v Office of Communications: [2012] EWCA Civ 959;  [2012] WLR (D)  205

“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Regina v A (B) – WLR Daily

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Stansted hijacker wins Home Office challenge – The Independent

Posted July 16th, 2012 in aircraft, appeals, asylum, news by sally

“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”

Full story

The Independent, 13th July 2012

Source: www.independent.co.uk

UK Border Agency slams decision on child rapist deportation – The Independent

Posted July 16th, 2012 in appeals, asylum, child abuse, deportation, EC law, human rights, news, rape by sally

“The UK Border Agency has reacted with fury to a court ruling allowing a Sudanese asylum seeker who raped a 12-year-old girl to remain in Britain.”

Full story

The Independent, 15th July 2012

Source: www.independent.co.uk

Catholic church loses abuse liability appeal – The Guardian

Posted July 12th, 2012 in appeals, child abuse, compensation, news, vicarious liability by sally

“A Roman Catholic diocese is liable to pay compensation for alleged beatings inflicted by a nun and sexual abuse perpetrated by a priest on a young girl, the court of appeal has ruled.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Regina v Bewley – WLR Daily

Posted July 10th, 2012 in appeals, firearms, law reports, weapons by sally

Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197

“A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.”

WLR Daily, 6th July 2012

Source: www.iclr.co.uk

Regina v Aldridge; Regina v Eaton – WLR Daily

Posted July 10th, 2012 in appeals, law reports, sentencing, sexual offences prevention orders by sally

Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196

“Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. That decision had not been decided per incuriam and was binding. When deciding these appeals the court had been sitting in the Court of Appeal, Criminal Division, rather than the Court of Appeal, Civil Division.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Supreme Court dismisses self-incrimination appeal – UK Human Rights Blog

Posted July 10th, 2012 in appeals, news, private investigators, self-incrimination, Supreme Court by sally

“The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone hacking litigation against the News of the World newspaper.”

Full story

UK Human Rights Blog, 9th July 2012

Source: www.ukhumanrightsblog.com

Abu Hamza lodges extradition appeal – The Independent

Posted July 10th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“Radical Muslim cleric Abu Hamza has lodged an appeal over his extradition from the UK to America with Europe’s human rights judges, the Home Office said today.”

Full story

The Independent, 9th July 2012

Source: www.independent.co.uk