Appeal court quash SAS fantasy murder conviction after 18 years – The Guardian

Posted June 28th, 2012 in appeals, diminished responsibility, mental health, murder, news by sally

“Jamie Petrolini’s conviction for the 1994 murder of Mohamed el-Sayed overturned on grounds of diminished responsibility.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Regina v Gangar and another – WLR Daily

Posted June 27th, 2012 in appeals, confiscation, fraud, law reports by sally

Regina v Gangar and another [2012] EWCA Crim 1378; [2012] WLR (D) 185

“At the available asset stage of confiscation proceedings involving more than one defendant, a defendant’s partial interest in property was realisable, but had to be limited to his beneficial interest rather than treated as an 100% interest.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk

#WithoutPrejudice Special: #Twitterjoketrial with David Allen Green – Charon QC

Posted June 27th, 2012 in appeals, bomb hoaxing, freedom of expression, internet, podcasts by sally

“Welcome to this Without Prejudice Special on the Twitter Joke Trial with solicitor David Allen Green.”

Podcast

Charon QC, 26th June 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Twitter joke case returns to high court for fresh appeal by Paul Chambers – The Guardian

Posted June 27th, 2012 in appeals, bomb hoaxing, freedom of expression, internet, news by sally

“A two-and-a-half year legal battle over a ‘joke’ posted on Twitter that landed its author with a criminal record returns to the high court on Wednesday in front of the most senior judge in England and Wales.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Ofcom outlines new anti-piracy rules – The Guardian

Posted June 26th, 2012 in appeals, codes of practice, consultations, copyright, internet, news by sally

“Illegal downloaders will start receiving warning letters from internet service providers from 1 March 2014, under a draft code for the government’s anti-digital piracy regime drawn up by media regulator Ofcom.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Ministry of Defence has legal duty of care to soldiers in combat, court hears – The Guardian

“The government is under a legal obligation to ensure British soldiers are sent to fight with adequate equipment and training, the court of appeal heard on Monday in a case that has potentially profound implications for the treatment of troops on the battlefield.”

Full story

The Guardian, 25th June 2012

Source: www.guardian.co.uk

Interests of children should not prevent extradition for serious offences – UK Human Rights Blog

Posted June 25th, 2012 in appeals, children, EC law, extradition, human rights, news, warrants by sally

“These appeals concern requests for extradition in the form of European Arrest Warrants (EAWs) issued, in the joined cases of HH and PH, by the Italian courts, and in the case of FK, a Polish court. The issue in all three was whether extradition would be incompatible with the rights of the appellants’ children to respect for private and family life under Article 8 of the ECHR.”

Full story

UK Human Rights Blog, 21st June 2012

Source: www.ukhumanrightsblog.com

Taking stock after Abu Qatada: Assurances, secret detention and evidence in closed proceedings – UK Human Rights Blog

“The Court of Appeal recently issued its judgment in XX v Secretary of State for the Home Department [2012] EWCA Civ 742, an appeal from a decision of the Special Immigration Appeals Commission (‘SIAC’) upholding the Secretary of State’s decision to deport an Ethiopian national on grounds of national security.”

Full story

UK Human Rights Blog, 24th June 2012

Source: www.ukhumanrightsblog.com

VTB Capital Plc v Nutritek International Corp and others – WLR Daily

Posted June 22nd, 2012 in appeals, assets recovery, company law, conflict of laws, fraud, law reports by tracey

VTB Capital Plc v Nutritek International Corp and others: [2012] EWCA Civ 808; [2012] WLR (D) 181

“There was no such thing in English law as a ‘remedial constructive contract’ and the courts had no jurisdiction to subject parties to contractual obligations under a contract to which neither they, not the only undisputed parties to the contract had ever agreed or intended they should be subject. The Court of Appeal was bound to uphold the principle that it was appropriate to pierce the corporate veil only where special circumstances existed indicating that it was only a façade concealing the true facts. The veil-piercing principle had been developed pragmatically for the purpose of providing a practical solution in particular factual circumstances and could not be invoked wherever it was necessary to do so in the interests of justice and no unconnected third party was involved.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

Last man sentenced to death in UK has conviction quashed – The Guardian

“The last man to be sentenced to death in the UK has had his conviction quashed after a court heard that he confessed to the crime after being waterboarded and subjected to death threats. His successful appeal comes 39 years after his death sentence was commuted to life imprisonment.”

Full story

The Guardian, 21st June 2012

Source: www.guardian.co.uk

New family visit visa appeal regulations – UK Border Agency

Posted June 21st, 2012 in appeals, families, immigration, news, visas by sally

“The government laid the Immigration Appeals (Family Visitor) Regulations 2012 in Parliament on 18 June 2012, which set out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK.”

Full story

UK Border Agency, 18th June 2012

Source: www.ukba.homeoffice.gov.uk

Carboex SA v Louis Dreyfus Commodities Suisse SA – WLR Daily

Posted June 21st, 2012 in appeals, charterparties, delay, industrial action, law reports by sally

Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838; [2012] WLR (D) 179

“The strike clause in a berth charter had the effect of transferring the liability for delay on discharging the cargo caused by strikes at the port from the charterer to the owner, whether the delay occurred at the quayside during cargo handling operations or while the vessel was at the port waiting to berth.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

SK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178

“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 19th June 2012

Source: www.iclr.co.uk

Court of Appeal in key corporate veil ruling – The Lawyer

Posted June 21st, 2012 in appeals, assets recovery, company law, fraud, news by sally

“The Court of Appeal has clarified its position on piercing the corporate veil rejecting an appeal against brought by state-owned Russian bank VTB Capital against Nutritrek International.”

Full story

The Lawyer, 20th June 2012

Source: www.thelawyer.com

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) – WLR Daily

Posted June 20th, 2012 in appeals, deportation, evidence, human rights, law reports, terrorism, torture by sally

XX (Ethiopia) v Secretary of State for the Home Department (JUSTICE intervening) [2012] EWCA Civ 742; [2012] WLR (D) 177

“The rule on the exclusion of evidence obtained by torture was exceptional. It was not an abuse of process to admit evidence from security service officers obtained in secret detention facilities.”

WLR Daily, 15th June 2012

Source: www.iclr.co.uk

Hutton and others v Criminal Injuries Compensation Authority – WLR Daily

Hutton and others v Criminal Injuries Compensation Authority [2012] EWCA Civ 806; [2012] WLR (D) 176

“‘Particular circumstances’ in para 18 of the Criminal Injuries Compensation Scheme 2001, which provided that a claims officer could waive the two-year time limit within which claims for compensation in respect of criminal injury should be brought pursuant to the scheme, meant the actual or distinct circumstances of the individual case, not special circumstances in the sense of being unusual or extraordinary circumstances.”

WLR Daily, 14th June 2012

Source: www.iclr.co.uk

Children: Public Law Update – Family Law Week

Posted June 18th, 2012 in appeals, children, local government, news, social services by sally

“John Tughan, barrister, 4 Paper Buildings, reviews some recent important judgments concerning children public law matters.”

Full story

Family Law Week, 18th June 2012

Source: www.familylawweek.com

Deported criminal returned to Britain to claim his ‘right to family life’ – Daily Telegraph

“A violent foreign criminal who illegally returned to Britain weeks after being deported has won the right to stay in this country because of his human rights.”

Full story

Daily Telegraph, 17th June 2012

Source: www.telegraph.co.uk