Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department – WLR Daily

Posted March 13th, 2013 in appeals, education, law reports, news, sponsored immigrants by sally

Regina ( WGGS Ltd trading as Western Governors Graduate School) v Secretary of State for the Home Department [2013] EWCA Civ 177; [2013] WLR (D) 96

“The UK Border Agency required colleges seeking highly trusted sponsor status to report all students who failed to enrol including those refused entry clearance or leave to remain. A refusal rate of 20% made proper allowance for unsuitable applicants who could not reasonably be weeded out by a college’s admissions staff.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

M25 road rage killer Kenneth Noye fails in attempt to have minimum jail term cut – The Independent

Posted March 13th, 2013 in appeals, murder, news, sentencing by sally

“A ‘professional criminal’ given a life sentence for a road rage murder on an M25 slip road today (12 March) failed in a bid to get his 16-year minimum jail term cut by the Court of Appeal.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Baby P social workers lose court appeal against sacking – BBC News

Posted March 12th, 2013 in appeals, news, social services, unfair dismissal by sally

“Two of Baby P’s social workers have lost their appeal against a tribunal ruling that found they were fairly sacked by Haringey Council.”

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BBC News, 12th March 2013

Source: www.bbc.co.uk

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police – WLR Daily

Posted March 12th, 2013 in appeals, costs, law reports, police, sport by sally

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police [2013] EWCA Civ 115; [2013] WLR (D) 95

“The provision of public order policing and crowd control, both before and after football matches, on land not owned, possessed or controlled by a football club did not constitute ‘special police services’ within the meaning of section 25(1) of the Police Act 1996, and therefore the police were not entitled to charge the football club for the cost of doing so.”

WLR Daily, 7th March 2013

Source: www.iclr.co.uk

Daejan Investments Ltd v Benson and others – WLR Daily

Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94

“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”

WLR Daily, 6th March 2013

Source: www.iclr.co.uk

Decision on hold after Home Secretary’s appeal against ruling that blocked Abu Qatada deportation – The Independent

Posted March 12th, 2013 in appeals, bail, deportation, evidence, news, terrorism, torture by sally

“The Government’s seemingly endless battle to deport the radical cleric Abu Qatada went back before the courts today.”

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The Independent, 11th March 2013

Source: www.independent.co.uk

Daejan Investments Limited (Appellant) v Benson and others (Respondents) – Supreme Court

Daejan Investments Limited (Appellant) v Benson and others (Respondents) [2013] UKSC 14 | UKSC 2011/0057 (YouTube)

Supreme Court, 6th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Appeals on the merits: only pick a hole if you can fill it – Competition Bulletin from Blackstone Chambers

Posted March 11th, 2013 in appeals, competition, judicial review, news, price fixing, tribunals by sally

“In his recent blog ‘Down the rabbit hole,’ Tom Richards described the ‘quasi judicial review within an appeal’ contained in s.193(7) Communications Act 2003 as something of a Wonderland.”

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Competition Bulletin from Blackstone Chambers, 11th March 2013

Source: www.competitionbulletin.com

Jailed SAS hero Sgt Danny Nightingale to find out whether his conviction will be quashed – Daily Telegraph

Posted March 11th, 2013 in appeals, armed forces, firearms, news by sally

“An SAS sniper jailed for possessing a war trophy given to him by the Iraqi army will learn this week whether his conviction will be quashed.”

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Daily Telegraph, 10th March 2013

Source: www.telegraph.co.uk

West Yorkshire Police lose football costs appeal case – BBC News

Posted March 7th, 2013 in appeals, costs, news, police, sport by sally

“West Yorkshire Police has lost its appeal case over the costs of policing matches at Leeds United’s Elland Road stadium.”

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BBC News, 7th March 2013

Source: www.bbc.co.uk

Right or Wrong? The Court of Appeal causes controversy by finding ‘good reasons’s for Claimant to be allowed to depart from its own costs budget – Zenith Chambers

Posted March 7th, 2013 in appeals, budgets, costs, news, reasons by sally

“On the eve of costs budgeting becoming an integral aspect of multi-track case management, the Court of Appeal has caused controversy by reversing Senior Costs Judge Hirst’s tough decision in Henry v News Group Newspapers (SCCO) 28th May 2012).”

Full story (PDF)

Zenith Chambers, 12th February 2013

Source: www.zenithchambers.co.uk

Top Gear up before Top Judges – UK Human Rights Blog

Posted March 7th, 2013 in appeals, BBC, damages, defamation, malicious falsehood, news, striking out by sally

“The Court of Appeal has refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the ‘Top Gear’ programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial.”

Full story

UK Human Rights Blog, 6th March 2013

Source: www.ukhumanrightsblog.com

Perry v Nursing and Midwifery Council – WLR Daily

Posted March 4th, 2013 in appeals, employment tribunals, evidence, human rights, law reports, nurses by sally

Perry v Nursing and Midwifery Council [2013] EWCA Civ 145; [2013] WLR (D) 88

“Fairness did not require that a respondent to an allegation of unfitness to practise his profession had to be given an opportunity to give evidence as to the substance of that allegation before a tribunal considering whether to make an interim suspension order or other interim order under a legislative scheme, such as that contained in the Nursing and Midwifery Order 2001, since that was not what the statutory scheme envisaged or what fairness required at the interim stage. Guidance was given as to the procedure to be followed by a committee, considering whether to make an interim order pending the substantive hearing of a complaint against a member of the profession, in order to satisfy the fairness requirement.”

WLR Daily, 28th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf – WLR Daily

Joint Administrators of Heritable Bank plc v Winding Up Board of Landsbanki Islands Hf [2013] UKSC 13; [2013] WLR (D) 85

“The decision of a court in another member state of the European Economic Area in relation to the insolvency of a credit institution in that state had effect in the United Kingdom in relation to any of that institution’s branches in the United Kingdom as if it were part of the general insolvency law of the United Kingdom. However the decision of that court did not have any effect on proceedings in an United Kingdom court dealing with the insolvency of an United Kingdom credit institution so that all the defences available under United Kingdom insolvency law could be invoked.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Omar and others) v Secretary of State for Foreign and Commonwealth Affairs [2013] EWCA Civ 118; [2013] WLR (D) 84

“The court had no power to make an order requiring the disclosure of evidence to be used in overseas criminal proceedings except pursuant to the Crime (International Co-operation) Act 2003.”

WLR Daily, 27th February 2013

Source: www.iclr.co.uk

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) – Supreme Court

Posted February 28th, 2013 in appeals, banking, cross-claims, insolvency, law reports, Scotland, Supreme Court by sally

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) [2013] UKSC 13 | UKSC 2011/0234 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) – Supreme Court

Posted February 28th, 2013 in appeals, children, law reports, Scotland, social services, Supreme Court by sally

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) [2013] UKSC 12 | UKSC 2012/0048 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Telling tales out of school: balancing public authority employees’ duties of confidentiality with their right to freedom of expression – Employment Law Blog

“A dinner lady told a child’s parents that their daughter had been tied to a fence and whipped with a skipping rope by some other pupils, repeated the same to the press and then was dismissed for breach of confidentiality and acting in a manner likely to bring the school into disrepute. An employment tribunal found the dismissal procedurally unfair but dismissed her whistleblowing claim and reduced her compensation for unfair dismissal on the grounds of Polkey and for contributory fault. The tribunal did not, however, determine the question of whether the claimant could lawfully be disciplined for ‘telling tales out of school’ (as it put it).”

Full story

Employment Law Blog, 27th February 2013

Source: www.employment11kbw.com

My conviction is unsafe, says QC jailed for VAT fraud – Law Society’s Gazette

Posted February 27th, 2013 in appeals, fraud, news, queen's counsel, tax evasion, VAT by sally

“A London silk sentenced today to three and a half years in prison after being convicted of a £600,000 VAT fraud says he will fight to clear his name.”

Full story

Law Society’s Gazette,

Source: www.lawgazette.co.uk

Regina v Asmelash – WLR Daily

Posted February 26th, 2013 in alcohol abuse, appeals, crime, defences, homicide, law reports, murder by sally

Regina v Asmelash [2013] EWCA Crim 157; [2013] WLR (D) 79

“There was nothing in the new statutory provisions relating to the partial defence to murder of loss of self control to suggest that Parliament intended that the normal rules which applied to voluntary intoxication should not apply. That did not mean that a defendant who had been drinking was deprived of the loss of control defence, it just meant that the defence had to be approached without reference to the defendant’s voluntary intoxication.”

WLR Daily, 22nd February 2013

Source: www.iclr.co.uk