“The Court of Appeal (Criminal Division) heard appeals against conviction and sentence more quickly last year than in previous years according to the Court’s annual report published today (Tuesday 11 December).”
Judiciary of England and Wales, 11th December 2012
Source: www.judiciary.gov.uk
“Increasing numbers of ‘unmeritorious’ appeals could have the effect of ‘clogging the arteries’ of the court of appeal, the registrar of criminal appeals has warned.”
Law Society’s Gazette, 11th December 2012
Source: www.lawgazette.co.uk
“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”
Hardwicke Chambers, 3rd December 2012
Source: www.hardwicke.co.uk
“A former head of the SAS’s counter-terrorist team is suing the Metropolitan Police claiming he was wrongfully accused of leaking secret intelligence reports to a journalist.”
Daily Telegraph, 8th December 2012
Source: www.telegraph.co.uk
“The ability of big companies to use armies of lawyers to prevent regulators from introducing consumer-friendly measures will be curbed after the chancellor’s autumn statement promised to make appeals quicker and easier.”
The Guardian, 6th December 2012
Source: www.guardian.co.uk
“A UK-based terror suspect has failed in his bid to stop his extradition to the US after the European Court of Human Rights threw his case out.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”
Daily Telegraph, 5th December 2012
Source: www.telegraph.co.uk
“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”
The Independent, 5th December 2012
Source: www.independent.co.uk
Regina v Smith (Mark) [2012] EWCA Crim 2566; [2012] WLR (D) 362
“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:
‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’
The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”
Competition Bulletin from Blackstone Chambers, 4th December 2012
Source: www.competitionbulletin.com
“The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter.”
Full story (PDF)
Zenith Chambers, 27th November 2012
Source: www.zenithchambers.co.uk
“SodaStream is to seek legal advice after failing to get its £11m ad campaign on UK television, with the regulator understood to have rejected its appeal against a ruling it ‘denigrates’ the bottled drinks industry.”
The Guardian, 4th December 2012
Source: www.guardian.co.uk
“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”
The Guardian, 3rd December 2012
Source: www.guardian.co.uk
Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360
“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”
WLR Daily, 30th November 2012
Source: www.iclr.co.uk
“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”
WLR Daily, 22nd November 2012
Source: www.iclr.co.uk
“A major legal battle to stop the Government’s HS2 rail project is to begin in what campaigners think is their best chance of derailing the £32 billion scheme.”
Daily Telegraph, 1st December 2012
Source: www.telegraph.co.uk
“SodaStream is to air a TV advert, featuring just a black screen with white text, in protest at an 11th-hour decision by regulators to ban its planned £11m campaign after an objection that it ‘denigrated’ the bottled drinks industry.”
The Guardian, 28th November 2012
Source: www.guardian.co.uk
“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”
Panopticon, 28th November 2012
Source: www.panopticonblog.com
“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”
LegalVoice, 29th November 2012
Source: www.legalvoice.org.uk
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