“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.”
Daily Telegraph, 17th June 2012
Source: www.telegraph.co.uk
“The supreme court has reaffirmed its rejection of Julian Assange’s appeal against his extradition to Sweden, turning down an unusual, last-minute request to reopen the case.”
The Guardian, 14th June 2012
Source: www.guardian.co.uk
“The decision of the Secretary of State for the Home Department to refuse an extension of leave to remain in the United Kingdom was not invalidated by the fact that she had made no removal direction in respect of the applicant at the same time as or shortly after the refusal of the extension application.”
WLR Daily, 1st June 2012
Source: www.iclr.co.uk
“Three of the July 21 failed suicide bombers are using the European Court of Human Rights to try and overturn their convictions, The Daily Telegraph can disclose.”
Daily Telegraph, 12th June 2012
Source: www.telegraph.co.uk
Regina v Majeed; Regina v Westfield [2012] EWCA Crim 1186; [2012] WLR (D) 172
“Where a sportsman corruptly accepted financial inducements to identify, in advance, occasions when during a match he would play in a specific, previously agreed, manner, the conduct of that sportsman, whose contract obliged him to refrain from doing anything that might damage the reputation of the club or board which employed him, was integral to the affairs and business of that club or board, who were therefore victims of such corrupt activities, even if the bribes were not intended to and did not influence the club or board in any way.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“Theresa May is heading for a renewed showdown with the courts over the rights of foreign prisoners battling to avoid deportation after signalling that she would bring in primary legislation if judges failed to implement new rules.”
The Guardian, 10th June 2012
Source: www.guardian.co.uk
“It’s a scene which will be familiar to many housing law practitioners: a tenant turns up to a possession hearing, seeks representation from the duty solicitor, seeks to argue that there are issues of disability discrimination and human rights issues which make it necessary for proceedings to be adjourned, detailed directions to be given and a lengthy wait before arguments on the Equality Act 2010 and the Human Rights Act 1998 can be thrashed out in depth at a possession hearing.”
Hardwicke Chambers, 31st May 2012
Source: www.hardwicke.co.uk
“A company cannot obtain an injunction banning a patent expert it used to employ from offering advice to her current employer on a legal dispute involving both firms, the Court of Appeal has ruled.”
OUT-LAW.com, 7th June 2012
Source: www.out-law.com
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”
WLR Daily, 1st June 2012
Source: www.iclr.co.uk
Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170
“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”
WLR Daily, 31st May 2012
Source: www.iclr.co.uk
“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”
UK Human Rights Blog, 5th June 2012
Source: www.ukhumanrightsblog.com
“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”
WLR Daily, 30th May 2012
Source: www.iclr.co.uk
“Judgment establishes that councils must not take cost into account when assessing disabled people’s care needs.”
The Guardian, 31st May 2012
Source: www.guardian.co.uk
Cavenagh v William Evans Ltd: [2012] EWCA Civ 697; [2012] WLR (D) 164
“Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. The employer could not later avoid payment on the basis that the employee had committed a gross misconduct prior to the date of the dismissal which the employer had discovered after the date of the dismissal.”
WLR Daily, 24th May 2012
Source: www.iclr.co.uk
“Dinah Rose QC buys her client another two weeks – much to the supreme court’s embarrassment.”
The Guardian, 30th May 2012
Source: www.guardian.co.uk
“A High Court Judge has quashed a London borough council’s adoption of a Supplementary Planning Document.”
OUT-LAW.com, 28th May 2012
Source: www.out-law.com
” Abu Qatada will remain in Britain for at least another five months while he launches a further appeal against deportation, but he will spend it behind bars, a court ruled yesterday.”
The Independent, 29th May 2012
Source: www.independent.co.uk
“A man who tweeted a joke threat to ‘blow up’ Robin Hood airport in South Yorkshire has lost his attempt to overturn the judgment – but will now be tried all over again.”
The Guardian, 28th May 2012
Source: www.guardian.co.uk
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