Family killer Jeremy Bamber fails in appeal bid – BBC News
“Jeremy Bamber, who was jailed for killing his family 27 years ago, has failed in his latest attempt to appeal against his conviction.”
BBC News, 26th April 2012
Source: www.bbc.co.uk
Category: appeals
Court of Appeal allows Barratt Homes’ east London scheme – OUT-LAW.com
“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’.”
OUT-LAW.com, 25th April 2012
Source: www.out-law.com
Consultation on children’s heart surgery was lawful, rules Court of Appeal – UK Human Rights Blog
“When is reorganisation of healthcare services unlawful? When can consultation, rather than a final decision, successfully be challenged? These were the questions dealt with by the Court of Appeal in relation to the reconfiguration of paediatric heart surgery services. The Bristol Royal Infirmary scandal had left these services in need of change; the Court of Appeal found that there was nothing unlawful in the consultation process resulting in the Royal Brompton failing to be chosen as one of the two specialist centres in London.”
UK Human Rights Blog, 25th April 2012
Source: www.ukhumanrightsblog.com
Lawyer loses retirement age appeal – The Independent
“A lawyer forced to retire at 65 lost a Supreme Court Appeal on age discrimination today.”
The Independent, 25th April 2012
Source: www.independent.co.uk
Regina v Burke (Michael) – WLR Daily
Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119
“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”
WLR Daily, 20th April 2012
Source: www.iclr.co.uk
Regina v Bagnall; Regina v Sharma – WLR Daily
Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118
“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”
WLR Daily, 18th April 2012
Source: www.iclr.co.uk
Ken Clarke: ECHR reforms ‘will cut UK’s frustration’ – BBC News
“Ken Clarke has said changes to the European Court of Human Rights will reduce ‘frustration’ over cases such as the proposed deportation of Abu Qatada.”
BBC News, 22nd April 2012
Source: www.bbc.co.uk
Legal bid over Royal Brompton Hospital heart unit lost – BBC News
“A consultation that led to the proposed closure of a paediatric heart unit at a west London hospital was lawful, the Court of Appeal has ruled.”
BBC News, 19th April 2012
Source: www.bbc.co.uk
May’s bid to deport Qatada descends into farce – Daily Telegraph
“The deportation of Abu Qatada descended into farce after a potential blunder by the Home Office allowed his lawyers to lodge a last-minute appeal which could extend his stay in Britain and derail attempts to remove him from the country.”
Daily Telegraph, 18th April 2012
Source: www.telegraph.co.uk
Employment cannot transfer automatically from one employer to another without a relevant TUPE transfer – OUT-LAW.com
“An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.”
OUT-LAW.com, 18th April 2012
Source: www.out-law.com
Researching Relocation Disputes in First Instance Courts – Family Law Week
“Dr Rob George, Fellow in Law at the University of Oxford and Associate Tenant at Harcourt Chambers, discusses relocation disputes and his on-going research into how these cases are dealt with in the first instance courts of England and Wales.”
Family Law Week, 13th April 2012
Source: www.familylawweek.co.uk
Withers’ bid to take client money dispute to Supreme Court rejected – The Lawyer
“Withers has been refused permission to appeal to the Supreme Court a dispute brought against it over client money.”
The Lawyer, 11th April 2012
Source: www.thelawyer.com
Set Aside or Appeal? Choose your Remedy with Care – Hardwicke Chambers
“The interrelation between a party’s right to apply to set aside an order made in his absence and his right to appeal is one of recognised difficulty. Until recently, it had received little attention: a decision at first instance in Tennero Ltd v Arnold [2007] 1 WLR 1025 and one on appeal in Attorney General of Zambia v Meer Care & Desai [2008] EWCA Civ 754 (the ‘Boutique Basile’ case). In 2011, however, the Court of Appeal had cause to reconsider the interplay of Civil Procedure Rules (‘CPR’) 39.3 and 52 in Bank of Scotland plc v Pereira [2011] EWCA Civ 241 [2011] 1 WLR 2391.”
Hardwicke Chambers, 10th April 2012
Source: www.hardwicke.co.uk
Am I my brother’s keeper? – Zenith Chambers
“On 24th January the Court of Appeal handed down judgment in the joined appeals of Weddall -v- Barchester Healthcare Limited and Wallbank -v- Wallbank Fox Designs Limited. The common issue was: in what circumstances might an employer be vicariously liable for an assault committed by one of its employees.
In both cases the assault was in fact committed upon a fellow employee, although as the Court recognised, the same principles would normally be applicable to a case where an employee assaults a third party.”
Full story (PDF)
Zenith Chambers, 3rd April 2012
Source: www.zenithchambers.co.uk
Lawyer for terror suspects hits out at ECHR decision in extradition case – The Lawyer
“The Foreign and Commonwealth Office’s legal advisers have secured a European Court of Human Rights (ECHR) ruling that will see the extradition of five alleged terrorists, prompting the lawyer representing three of them to slam the judgment.”
The Lawyer, 10th April 2012
Source: www.thelawyer.com
Fighting miscarriages of justice in the age of reality TV – Halsbury’s Law Exchange
“What is your idea of a miscarriage of justice? Is it that Laura Johnson is likely to go to prison for ferrying rioters about or that the Guantanamo five will be executed if (most think when) found guilty by a military court. For some it is that people are sent to prison on weak or uncorroborated evidence. For others it is the limitations placed by the Court of Appeal on reviewing convictions.”
Halsbury’s Law Exchange, 10th April 2012
Source: www.halsburyslawexchange.co.uk
Common-law open justice lets in the light; Strasbourg not the key – UK Human Rights Blog
“No, not a case about secret trials, but about the way in which newspapers can get hold of court papers in open oral hearings. And, as we shall see, it led to a ringing endorsement of the principle of open justice from the Court of Appeal, leading to production of the documents to the Guardian.”
UK Human Rights Blog, 10th April 2012
Source: www.ukhumanrightsblog.com
Abu Hamza and Babar Ahmad can be extradited to USA, rules human rights court – UK Human Rights Blog
“The European Court of Human Rights (Fourth Section), sitting as a Chamber, has found that five men accused of serious terrorist activities can be extradited from the UK to the US to face trial.”
UK Human Rights Blog, 10th April 2012
Source: www.ukhumanrightsblog.com
Lord Carlile: extradition ruling is entirely sensible – Daily Telegraph
“After a ruling allowing the extradition of five terror suspects, including Abu Hamza and Babar Ahmad, to the US, the barrister and Liberal Democrat peer says any appeal will be thrown out.”
Daily Telegraph, 10th April 2012
Source: www.telegraph.co.uk
Alternative Families and Children: A review of the recent case of A v B and C – Family Law Week
“Alex Verdan QC and Charles Hale, both of 4 Paper Buildings, counsel for the father in A v B and C, consider the lessons that can be learned by practitioners from the Court of Appeal judgment.”
Family Law Week, 5th April 2012
Source: www.familylawweek.com
