“Sally Gore, barrister, of 14 Gray’s Inn Square, examines developments concerning applications for assessment under section 38(6) of the Children Act 1989 culminating in the Court of Appeal’s clarification in S (A Child) [2011].”
Family Law Week, 27th July 2012
Source: www.familylawweek.co.uk
“The judgment in the #twitterJoketrial is an important one for Paul Chambers who has been acquitted and can now get on with his life without the stain of criminal conviction hanging over his head.”
Charon QC, 28th July 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
“The famous ‘Twitter joke’ conviction of Paul Chambers has been overturned on appeal, bringing welcome clarity to what is and what is not an offence of this type. On discovering a week before he was due to take a flight that the airport was closed due to adverse weather conditions, he tweeted that ‘I am blowing the airport sky high!!’ unless the situation was resolved by the time of his flight. He was convicted of sending a message of a ‘menacing character’, but has had the conviction quashed on appeal, on the basis that, as it was a joke, it was not of a menacing character.”
UK Human Rights Blog, 27th July 2012
Source: www.ukhumanrightsblog.com
“The director of public prosecutions (DPP) stopped his staff dropping the case against Paul Chambers, author of the ‘Twitter joke’ about blowing up Robin Hood airport in South Yorkshire, it has been claimed.”
The Guardian, 29th July 2012
Source: www.guardian.co.uk
“A man found guilty of sending a menacing tweet threatening to blow up an airport has won a challenge against his conviction.”
BBC News, 27th July 2012
Source: www.bbc.co.uk
Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225
“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
“A man found guilty of sending a menacing tweet after making a joke about blowing up an airport is to learn the outcome of his challenge against conviction.”
The Guardian, 27th July 2012
Source: www.guardian.co.uk
“The Court of Appeal handed down a judgment today which will lead to an increase in general damages in most civil cases from 1st April 2013.”
Judiciary of England and Wales, 26th July 2012
Source: www.judiciary.gov.uk
“The Court of Appeal has upheld a High Court ruling that Secretary of State Eric Pickles must reconsider his refusal of plans for 280 homes on a greenfield site at Sandbach, Cheshire.”
OUT-LAW.com, 24th July 2012
Source: www.out-law.com
“A father who was denied access to his children for three years because it upset their mother suffered a breach of his parental rights, the Court of Appeal ruled yesterday.”
Daily Telegraph, 25th July 2012
Source: www.telegraph.co.uk
Maidment v Attwood and others: [2012] EWCA Civ 998; [2012] WLR (D) 220
“Where a minority shareholder had brought a petition under section 994 of the Companies Act alleging that remuneration paid to a director of a now insolvent company in liquidation was excessive and therefore unfairly prejudicial, there was no basis in the statutory provisions or in principle or in authority to impose a requirement for diligence on shareholders in regards to the company’s filed accounts.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
“In this age of active case management, judges are rightly expected to take a robust approach to dealing with the cases before them. But sometimes robustness can be taken too far – as illustrated by the Court of Appeal’s recent decision in Labrouche v Frey [2012] EWCA Civ 881, [2012] All ER (D) 33 (Jul).”
Halsbury’s Law Exchange, 23rd July 2012
Source: www.halsburyslawexchange.co.uk
“The first prosecution under the Bribery Act 2010 to reach the Court of Appeal has arrived. However, it is perhaps not the high-profile scalp that the proponents of the Act might have wanted. I’m not too sure how much can be taken from the case that is of any wider application but nevertheless, it being ‘a first’, it may be of some interest. In any event the facts of the case are less dry than most.”
Halsbury’s Law Exchange, 23rd July 2012
Source: www.halsburyslawexchange.co.uk
“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
“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.”
The Guardian, 19th July 2012
Source: www.guardian.co.uk
“Jeremy Bamber, who murdered five members of his family, have been granted an appeal by the Grand Chamber of Europe’s human rights court.”
Daily Telegraph, 19th July 2012
Source: www.telegraph.co.uk
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
“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
“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.”
The Guardian, 18th July 2012
Source: www.guardian.co.uk
“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
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