Category: appeals

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

Posted May 10th, 2012 in appeals, disciplinary procedures, doctors, drug abuse, news, professional conduct, proportionality by sally

“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

Employment tribunals cannot apportion liability in discrimination claims where more than one party is at fault – OUT-LAW.com

Posted May 8th, 2012 in appeals, compensation, employment tribunals, news, sex discrimination by sally

“Employment tribunals do not have the jurisdiction to apportion liability for compensation in discrimination claims where more than one party is at fault, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk

Phone hacking: Andy Coulson wins leave to appeal over ruling on legal fees – The Guardian

Posted May 8th, 2012 in appeals, fees, interception, news, telecommunications by sally

“Former News of the World editor Andy Coulson has won permission to appeal against a high court ruling that News International is not liable to pay his potential legal fees over the phone-hacking scandal.”

Full story

The Guardian,

Source: www.guardian.co.uk

Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers

Posted May 8th, 2012 in appeals, commons, footpaths, news by sally

“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”

Full story

Hardwicke Chambers, 2nd May 2012

Source: www.hardwicke.co.uk

Jeremy Bamber lawyers challenge refusal of appeal – The Guardian

Posted May 8th, 2012 in appeals, Criminal Cases Review Commission, murder, news by sally

“Lawyers acting for the convicted murderer Jeremy Bamber have issued a legal challenge to the Criminal Cases Review Commission (CCRC) following its decision not to refer his case back to the court of appeal. They say the commission has acted ‘unlawfully, overstepped its powers and usurped the function of the appeal court’.”

Full story

The Guardian, 7th May 2012

Source: www.guardian.co.uk

O(B) v Director of the Serious Fraud Office – WLR Daily

Posted May 4th, 2012 in appeals, contempt of court, extradition, law reports, legislative drafting by tracey

O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901;  [2012] WLR (D)  133

“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Appeal court backs law firm in ‘you’re fired’ retainer row – Law Society’s Gazette

Posted May 3rd, 2012 in appeals, contracts, costs, fees, news, solicitors by sally

“Solicitors are entitled to suspend work for clients who have not paid their bill in accordance with the contractual term of business agreed, the Court of Appeal has ruled in a key case on retainers.”

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Law Society’s Gazette, 2nd May 2012

Source: www.lawgazette.co.uk

Regina v Mian – WLR Daily

Posted May 3rd, 2012 in appeals, law reports, no case to answer, time limits by sally

Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129

“In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Regina (Berky) v Newport City Council – WLR Daily

Posted May 3rd, 2012 in appeals, delay, judicial review, law reports, local government by sally

Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128

“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”

WLR Daily, 29th April 2012

Source: www.iclr.co.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 3rd, 2012 in appeals, asylum, evidence, expert witnesses, news, reports, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

Full story

UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com

Abu Qatada appeal hearing due next Wednesday – The Guardian

Posted May 3rd, 2012 in appeals, deportation, human rights, news, terrorism, time limits by sally

“European human rights judges will decide next Wednesday whether Abu Qatada’s appeal against his deportation from Britain should be allowed to go ahead.”

Full story

The Guardian, 2nd May 2012

Source: www.guardian.co.uk

CoA ruling makes parent companies liable for subsidiaries’ health and safety – Law Society’s Gazette

Posted May 1st, 2012 in appeals, health & safety, news, subsidiary companies by sally

“Parent companies have a responsibility for the health and safety of their subsidiaries’ employees, the Court of Appeal has ruled in a groundbreaking case.”

Full story

Law Society’s Gazette, 30th April 2012

Source: www.lawgazette.co.uk

Birmingham new year party shooting killers lose appeal – BBC News

Posted April 27th, 2012 in appeals, murder, news by tracey

“Three men jailed for life for murdering two friends at a new year party in Birmingham have lost an appeal against their convictions.”

Full story

BBC News, 26th April 2012

Source: www.bbc.co.uk

FSA “did not establish misconduct” from alleged CEO compliance failures, tribunal says – OUT-LAW.com

Posted April 26th, 2012 in appeals, financial regulation, fines, news, tribunals by sally

“The financial services regulator ‘did not establish its case’ that the former chief executive of a large investment bank had committed misconduct through his alleged failure to adequately supervise compliance issues.”

Full story

OUT-LAW.com, 26th April 2012

Source: www.out-law.com

Family killer Jeremy Bamber fails in appeal bid – BBC News

Posted April 26th, 2012 in appeals, Criminal Cases Review Commission, murder, news by sally

“Jeremy Bamber, who was jailed for killing his family 27 years ago, has failed in his latest attempt to appeal against his conviction.”

Full story

BBC News, 26th April 2012

Source: www.bbc.co.uk

Court of Appeal allows Barratt Homes’ east London scheme – OUT-LAW.com

Posted April 26th, 2012 in appeals, judicial review, news, planning by sally

“The Court of Appeal has rejected a local resident’s claim that Southwark Council should have ensured that better and larger community facilities were provided as part of a local development and that this was a ‘substantive legitimate expectation’.”

Full story

OUT-LAW.com, 25th April 2012

Source: www.out-law.com