Category: appeals

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) – WLR Daily

Posted March 26th, 2013 in airports, appeals, EC law, environmental protection, law reports by sally

Salzburger Flughafen GmbH v Umweltsenat (Landesumweltanwaltschaft Salzburg and another intervening) (Case C-244/12); [2013] WLR (D) 115

“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

In re P-S (Children) (Care Proceedings: Evidence) – WLR Daily

Posted March 26th, 2013 in appeals, children, evidence, law reports by sally

In re P-S (Children) (Care Proceedings: Evidence) [2013] EWCA Civ 223; [2013] WLR (D) 113

“Although a child in care proceedings concerning him had the right to be “heard” in the proceedings, there was no rule as to how that was to be achieved, and a young boy, who had been granted status as a party to care proceedings concerning him, did not have the right to insist that he be permitted to give evidence to the court.”

WLR Daily, 21st March 2013

Source: www.iclr.co.uk

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) – WLR Daily

Posted March 26th, 2013 in appeals, law reports, powers of attorney by sally

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) [2013] EWCA Civ 191; [2013] WLR (D) 112

“Section 7(1)(c) of the Enduring Powers of Attorney Act 1985 did not have the effect of preventing a person who was the attorney under a registered enduring power of attorney from benefiting himself out of the donor’s money in a manner not authorised by the enduring power of attorney without the approval of the court, provided that he was acting in a different capacity (such as that of an authorised signatory to a bank account in the donor’s name), and the donor retained sufficient mental capacity to consent to such an act and gave full, free and informed consent to its being done.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 25th, 2013 in appeals, landlord & tenant, local government, news, repossession by sally

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

Full story

NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk

Legal aid is being ruled out of court – The Guardian

Posted March 25th, 2013 in appeals, bills, budgets, costs, employment tribunals, human rights, legal aid, news, remuneration by sally

“From the beginning of April 2013 the chances of getting help with legal bills will be slim. The Law Society estimates 650,000 cases will no longer qualify, including 20,000 employment cases and 200,000 in family law.”

Full story

The Guardian, 23rd March 2013

Source: www.guardian.co.uk

Another Distinction Between Professional Disciplinary Proceedings and Internal Employment Disciplinary Hearings: Christou v London Borough of Haringey – Littleton Chambers

Posted March 21st, 2013 in appeals, disciplinary procedures, employment, local government, news, professional conduct by sally

“If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”

Full story

Littleton Chambers, 14th March 2013

Source: www.littletonchambers.com

Secret commissions and proprietary claims – where are we now? – 11 Stone Buildings

Posted March 21st, 2013 in agency, appeals, bribery, constructive trusts, news by sally

“Practitioners were trained to believe that an agent would hold a bribe on trust for his principal. Then came Sinclair v Versailles which appeared to have decided that the principal’s remedy would be merely personal. Now everything seems to have changed again. In this ‘Insider’ note Peter Head examines the Court of Appeal’s recent decision in FHR European Ventures LLP v Mankarious and considers where we are now.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by sally

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 19th, 2013 in appeals, damages, HM Revenue & Customs, law reports, parking, VAT by sally

Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186;   [2013] WLR (D)  105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by sally

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182;   [2013] WLR (D)  107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily

Posted March 19th, 2013 in appeals, criminal records, demonstrations, human rights, law reports, police by sally

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening): [2013] EWCA Civ 192;   [2013] WLR (D)  108

“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Damages for death and human rights – UK Human Rights Blog

Posted March 19th, 2013 in accidents, appeals, cohabitation, damages, declarations of incompatibility, families, human rights, news by sally

“Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013. Ms Swift lost her live-in partner in an accident at work caused by negligence. She was pregnant with her partner’s child, but had only been living with him for 6 months. Had she been with him for 2 years, she could have claimed damages for his death under section 1(3) of the Fatal Accidents Act – set out at [1] of the CA judgment. She would then have been a ‘dependant’ as defined under the FAA. So she argued that her rights under Articles 8 (family) and 14 (discrimination) of the ECHR were not properly respected by the law governing damages for the death of a relative – there was no justification for this stark cut-off – 1 year 11 months no claim, 2 years a claim. The judge refused to grant a declaration of incompatibility between the ECHR and the Fatal Accidents Act, and the Court of Appeal has just upheld his decision.”

Full story

UK Human Rights Blog, 18th March 2013

Source: www.ukhumanrightsblog.com

Court of Appeal rules on damages for frustration at DPA breach – Panopticon

Posted March 19th, 2013 in appeals, damages, data protection, news by sally

“On a day in which the remedying of privacy breaches of the kind considered by Leveson LJ dominated parliamentary debate, the Court of Appeal (Arden LJ, Lloyd LJ and Ryder J) delivered an interesting judgment on remedies for privacy breaches of the data protection variety.”

Full story

Panopticon, 18th March 2013

Source: www.panopticonblog.com

Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Posted March 18th, 2013 in appeals, company directors, health & safety, law reports, personal injuries, statutory duty by sally

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

The three women fighting to clear their loved ones’ names – The Guardian

Posted March 18th, 2013 in appeals, evidence, families, joint enterprise, miscarriage of justice, murder, news by sally

“What is it like if your brother or son is convicted of murder when you are convinced they are innocent? We meet three women who have fought for years to prove their loved ones’ innocence.”

Full story

The Guardian, 16th March 2013

Source: www.guardian.co.uk

Stephen Lawrence killer drops appeal against conviction – The Guardian

Posted March 15th, 2013 in appeals, murder, news, racism by sally

“Gary Dobson, who was given life sentence for murder last year, has abandoned battle against conviction, officials say.”

Full story

The Guardian, 15th March 2013

Source: www.guardian.co.uk

Regina v Plunkett (Daniel): Regina v Plunkett (James) – WLR Daily

Posted March 15th, 2013 in admissibility, appeals, evidence, investigatory powers, law reports by sally

Regina v Plunkett (Daniel): Regina v Plunkett (James): [2013] EWCA Crim 261;   [2013] WLR (D)  98

“Covert recordings of conversations between defendants which had taken place whilst they were in the rear of a police van were not to be categorised as intrusive surveillance, under the Regulation of Investigatory Powers Act 2000, because a police van, used solely for police purposes, was not a private vehicle.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Posted March 15th, 2013 in abuse of process, appeals, disciplinary procedures, estoppel, law reports, local government, unfair dismissal by sally

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178;   [2013] WLR (D)  97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

SAS sniper Danny Nightingale has gun possession conviction quashed – The Guardian

Posted March 14th, 2013 in appeals, firearms, guilty pleas, news, retrials by sally

“An SAS sniper has had his convictions for illegally possessing a pistol and ammunition quashed by the court of appeal.”

Full story

The Guardian, 13th March 2013

Source: www.guardian.co.uk