Sam Hallam murder conviction officially quashed – The Guardian

Posted May 17th, 2012 in appeals, evidence, miscarriage of justice, murder, news, police by sally

“A young man who spent more than seven years in jail for a murder he insists he did not commit has had his conviction quashed by judges.”

Full story

The Guardian, 17th May 2012

Source: www.guardian.co.uk

In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily

In re D (A Child) (Care Proceedings: Designated Local Authority): [2012] EWCA Civ 627;  [2012] WLR (D)  146

“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”

WLR Daily, 14th May 2012

Source: www.iclr.co.uk

Scrapping family visitor appeal rights will save millions – Home Office

Posted May 16th, 2012 in appeals, families, press releases, visas by tracey

“Foreign nationals refused a visa for a short visit to see family members in the UK will lose the full right to appeal the decision in the courts, saving tens of millions of pounds and freeing up tribunals to deal with more serious cases.”

Full press release

Home Office, 12th May 2012

Source: www.homeoffice,gov.uk

Disability Discrimination and Housing Allowance: The Importance of Article 14 – Garden Court Chambers Blog

Posted May 16th, 2012 in appeals, benefits, disability discrimination, housing, human rights, news by tracey

“Desmond Rutledge explains a landmark Court of Appeal decision upholding the rights of the severely disabled.”

Full story

Garden Court Chambers Blog, 15th May 2012

Source: www.gclaw.wordpress.com

Visa appeals to be scrapped for many visiting family in UK – BBC News

Posted May 16th, 2012 in appeals, families, immigration, news, visas by tracey

“Most foreign nationals will no longer be allowed to appeal if they are refused a visa to visit family members, the Home Office has announced.”

Full story

BBC News, 15th May 2012

Source: www.bbc.co.uk

Miscarriages of justice may be out of fashion, but they haven’t gone away – The Guardian

“Breakthroughs in cases such as Susan May and Sam Hallam are rare but what to do about alleged wrong convictions is the subject of much debate.”

Full story

The Guardian, 15th May 2012

Source: www.guardian.co.uk

Sam Hallam to appeal against murder conviction – The Guardian

Posted May 16th, 2012 in appeals, Criminal Cases Review Commission, evidence, murder, news by tracey

“A young man convicted of murder will take his case to the court of appeal on Wednesday after new evidence emerged raising doubts over key parts of the prosecution case against him.”

Full story

The Guardian, 16th May 2012

Source: www.guardian.co.uk

Tenant fails in its bid for a new tenancy after Court confirms landlord’s intention to occupy property for its own use is viable – OUT-LAW.com

Posted May 15th, 2012 in appeals, energy, landlord & tenant, news by sally

“The operator of an oil depot has been unsuccessful in its bid for a new tenancy after the Court of Appeal confirmed that its landlord’s plans to occupy the property for its own business were viable.”

Full story

OUT-LAW.com, 15th May 2012

Source: www.out-law.com

Judical Review and Costs: The Latest from the Court of Appeal – Garden Court Chambers Blog

Posted May 15th, 2012 in appeals, costs, judicial review, news by sally

“Tim Baldwin analyses the decision of the Court of Appeal in M v London Borough of Croydon and its impact on costs in judicial review cases.”

Full story

Garden Court Chambers Blog, 14th May 2012

Source: www.gclaw.wordpress.com

Jamaican criminal wins costly legal battle against Home Office – and £1 in damages – Daily Telegraph

Posted May 15th, 2012 in appeals, damages, deportation, detention, news, recidivists by sally

“A Jamaican convicted criminal who claims he was illegally detained before being deported from Britain has won a nominal £1 in damages from the Home Office – after a costly taxpayer-funded legal battle.”

Full story

Daily Telegraph, 14th May 2012

Source: www.telegraph.co.uk

Removing full right of appeal for family visitors – UK Border Agency

“A clause in the Crime and Courts Bill, published today, will remove the full right of appeal for those applying to enter the UK as a family visitor. Subject to Parliamentary approval and Royal Assent, this change is expected to come into force by 2014. Refused applicants will still be able to appeal on limited grounds of human rights or race discrimination.”

Full story

UK Border Agency, 10th May 2012

Source: www.ukba.homeoffice.gov.uk

Sullivan (aka Soloman) v Bristol Film Studios Ltd – WLR Daily

Sullivan (aka Soloman) v Bristol Film Studios Ltd [2012] EWCA Civ 570; [2012] WLR (D) 145

“In deciding whether a small claim ought to be struck out as an abuse of process it was relevant to consider whether there was a proportionate procedure available by which the claim could be adjudicated.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Neilly v The Queen – WLR Daily

Neilly v The Queen [2012] UKPC 12; [2012] WLR (D) 144

“When a defendant in a criminal trial had not been put on an identification parade, the decision as to whether to allow a dock identification was a matter for the trial judge in the light of all the relevant circumstances. However where a dock identification was admitted in evidence the trial judge was required to give the jury careful directions as to the dangers of relying on that evidence, and to warn the jury of the disadvantages to the defendant of having been denied the opportunity of participating in an identification parade.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

Balgobin v South West Regional Health Authority – WLR Daily

Posted May 14th, 2012 in appeals, default judgments, law reports, personal injuries by sally

Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143

“The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

Court of Appeal allows demolition of “derelict” building – OUT-LAW.com

Posted May 14th, 2012 in appeals, local government, news, planning, public interest by sally

“The Court of Appeal has ruled in favour of Stockton Council to allow it to proceed with the demolition of Billington House, the former headquarters of chemical company ICI, and now a derelict office block.”

Full story

OUT-LAW.com, 11th May 2012

Source: www.out-law.com

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening) – WLR Daily

Posted May 11th, 2012 in appeals, charities, corporation tax, housing, law reports by tracey

Helena Partnerships Ltd v Revenue and Customs Commissioners (Attorney General intervening): [2012] EWCA Civ 569;  [2012] WLR (D)  142

“The provision of housing accommodation was, and could only be, a charitable purpose if it was justified as charitable in respect of the direct benefit provided. It could only be so justified if it was provided to meet a relevant need of the class eligible to occupy it so as to fall within the spirit and intendment of the preamble to the Statute of Charitable Uses 1601 (‘the Statute of Elizabeth’) either directly or by analogy.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Regina (M) v Croydon London Borough Council – WLR Daily

Posted May 10th, 2012 in appeals, costs, law reports, local government, news by sally

Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141

“A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.”

WLR Daily, 8th May 2012

Source: www.iclr.co.uk

Abu Qatada deportation appeal rejected by human rights court – The Guardian

Posted May 10th, 2012 in appeals, deportation, human rights, news, terrorism by sally

“The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Anaesthetist who took drugs before going into the operating theatre loses appeal – Daily Telegraph

“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”

Full story

Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Abu Qatada’s chances of success at Strasbourg are slim – The Guardian

Posted May 8th, 2012 in appeals, courts, human rights, news, time limits by sally

“Despite controversy over the deadline, I doubt the European court will agree to hear Abu Qatada’s appeal.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk