Researching Relocation Disputes in First Instance Courts – Family Law Week

Posted April 16th, 2012 in appeals, children, contact orders, news, parental rights by sally

“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.”

Full story

Family Law Week, 13th April 2012

Source: www.familylawweek.co.uk

Withers’ bid to take client money dispute to Supreme Court rejected – The Lawyer

Posted April 13th, 2012 in appeals, client accounts, fees, law firms, news, Supreme Court by tracey

“Withers has been refused permission to appeal to the Supreme Court a dispute brought against it over client money.”

Full story

The Lawyer, 11th April 2012

Source: www.thelawyer.com

Set Aside or Appeal? Choose your Remedy with Care – Hardwicke Chambers

Posted April 11th, 2012 in appeals, civil procedure rules, default judgments, news by sally

“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.”

Full story

Hardwicke Chambers, 10th April 2012

Source: www.hardwicke.co.uk

Am I my brother’s keeper? – Zenith Chambers

Posted April 11th, 2012 in appeals, assault, employment, news, vicarious liability by sally

“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

Posted April 11th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“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.”

Full story

The Lawyer, 10th April 2012

Source: www.thelawyer.com

Fighting miscarriages of justice in the age of reality TV – Halsbury’s Law Exchange

Posted April 11th, 2012 in appeals, evidence, miscarriage of justice, news by sally

“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.”

Full story

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

Posted April 11th, 2012 in appeals, disclosure, media, news by sally

“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.”

Full story

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

Posted April 10th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“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.”

Full story

UK Human Rights Blog, 10th April 2012

Source: www.ukhumanrightsblog.com

Lord Carlile: extradition ruling is entirely sensible – Daily Telegraph

Posted April 10th, 2012 in appeals, extradition, human rights, news by sally

“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.”

Full story

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

Posted April 10th, 2012 in appeals, families, news, parental rights by sally

“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.”

Full story

Family Law Week, 5th April 2012

Source: www.familylawweek.com

Is the UK shackled by its deportation rules? – UK Human Rights Blog

Posted April 10th, 2012 in appeals, citizenship, deportation, detention, human rights, news by sally

“In the wake of France’s apparently unencumbered expulsion of individuals on public interest grounds there has been a fresh outcry from the press about the shackles imposed by the Human Rights Convention on the UK authorities which other signatory states seem to ignore with impunity.”

Full story

UK Human Rights Blog, 7th April 2012

Source: www.ukhumanrightsblog.com

Appeal court finds dishonest solicitor should have been struck off – Legal Week

Posted April 10th, 2012 in appeals, disciplinary procedures, news, professional conduct, solicitors by sally

“The Court of Appeal has ruled that a legal disciplinary body should have struck off a solicitor that had been found to have acted dishonestly.”

Full story

Legal Week, 5th April 2012

Source: www.legalweek.com

Palestinian activist wins appeal against deportation – The Guardian

Posted April 10th, 2012 in appeals, deportation, news, tribunals by sally

“The home secretary was ‘misled’ when she moved to throw a leading Palestinian activist out of the UK, according to an immigration tribunal ruling that strongly criticised her decision and found in favour of his appeal against the government’s attempts to deport him.”

Full story

The Guardian, 9th April 2012

Source: www.guardian.co.uk

Abu Hamza can be extradited to US, human rights court rules – The Guardian

Posted April 10th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“Abu Hamza, the radical cleric who became the face of violent extremism in Britain, can be extradited to the US to face terrorism charges, the European court of human rights has ruled.”

Full story

The Guardian, 10th April 2012

Source: www.guardian.co.uk

Vulnerable adults still protected by High Court’s “great safety net” – UK Human Rights Blog

Posted April 10th, 2012 in appeals, human rights, jurisdiction, mental health, news by sally

“Where adults have capacity under the Mental Capacity Act 2005 (MCA 2005), does the ‘great safety net’ of the High Court’s inherent jurisdiction still exist to guard them from the effect on their decision making of undue influence, coercion, duress etc? In its judgment handed down on 28 March 2012, the Court of Appeal confirmed that it does.”

Full story

UK Human Rights Blog, 6th April 2012

Source: www.ukhumanrightsblog.com

Sunderland City Council v Brennan and others – WLR Daily

Posted April 5th, 2012 in appeals, equal pay, law reports, local government, sex discrimination by sally

Sunderland City Council v Brennan and others [2012] EWCA Civ 413; [2012] WLR (D) 113

“An employer had no defence to an equal pay claim where its reason for a differential in payment between female and male employees was that the male employees had attracted a bonus for productivity when at the material time the link between productivity and bonus had been broken.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Williams v Central Bank of Nigeria – WLR Daily

Posted April 5th, 2012 in appeals, breach of trust, fraud, law reports, limitations, time limits by sally

Williams v Central Bank of Nigeria [2012] EWCA Civ 415; [2012] WLR (D) 108

“An action by a beneficiary under a trust might be brought in respect of any fraud or fraudulent breach of trust to which the trustee was party or privy against both that trustee and any other person who dishonestly assisted him in such fraud or fraudulent breach of trust, in either case, after the expiration of the six-year limitation period for which section 21(3) of the Limitation Act 1980 provided.”

WLR Daily, 3rd April 2012

Source: www.iclr.co.uk

Author Chris McGrath faces six figure legal bill after unfavourable Amazon reviews case is struck out – The Independent

Posted April 5th, 2012 in appeals, costs, defamation, litigants in person, news, striking out by sally

“An author who tried to sue a father of three from the West Midlands over comments made in a series of unfavourable reviews on Amazon is facing a six figure legal bill after a judge struck out his case.”

Full story

The Indpendent, 4th April 2012

Source: www.independent.co.uk

Judge was wrong to stop terror suspects’ case to save money, Appeal Court rules – Daily Telegraph

Posted April 4th, 2012 in appeals, budgets, control orders, damages, immigration, judges, news, terrorism by sally

“A judge who stopped a case brought by two terror suspects in order to save money was in the wrong, the Appeal Court has ruled.”

Full story

Daily Telegraph, 4th April 2012

Source: www.telegraph.co.uk

Regina v Newell – WLR Daily

Posted April 3rd, 2012 in admissibility, appeals, evidence, law reports by sally

Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105

“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk