‘I can’t intervene in SAS sniper case,’ attorney general tells defence secretary – The Guardian

“The attorney general has said it would be inappropriate for him to intervene in the case of a jailed SAS soldier, after a request by the defence secretary for him to review the conviction.”

Full story

The Guardian, 20th November 2012

Source: www.guardian.co.uk

When does a professional appointment include a guarantee of success? – Zenith Chambers

Posted November 20th, 2012 in appeals, fire, news, professional conduct, warranties by sally

“For anyone concerned as to whether a professional appointment imposes a duty guaranteeing or warranting a successful outcome the Court of Appeal decision in Trebor Bassett Holdings Limited -and- The Cadbury UK Partnership v. ADT Fire and Security Plc (2012) EWCA Civ 1158 provides invaluable assistance.”

Full story

Zenith Chambers, 14th November 2012

Source: www.zenithchambers.co.uk

Just because it looks like a Duck, walks like a Duck and sounds like a Duck, does not mean it is Duck –or a house? – Hardwicke Chambers

Posted November 20th, 2012 in appeals, housing, leases, news by sally

“Part I of the Leasehold Reform Act 1967 was designed to alter the balance between freeholders and their residential tenants, by giving the leaseholders the right to an extended lease or to compulsory acquisition of the freehold.”

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Hardwicke Chambers, 16th November 2012

Source: www.hardwicke.co.uk

Boy brings legal test case over decision to put him in care – Daily Telegraph

Posted November 20th, 2012 in appeals, care orders, children, judicial review, news by sally

“A 15-year-old boy denied the chance to give evidence to a legal hearing about whether he should stay with his mother or be taken into care has launched a Court of Appeal test case.”

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Daily Telegraph, 19th November 2012

Source: www.telegraph.co.uk

Judicial review ‘industry’ to be restricted, says PM – The Independent

Posted November 19th, 2012 in appeals, fees, judicial review, news, planning by sally

“The right of people to mount legal challenges to decisions taken about them by public authorities is to be restricted, David Cameron will announce today.”

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The Independent, 19th November 2012

Source: www.independent.co.uk

End of the right to challenge planning rulings – Daily Telegraph

Posted November 19th, 2012 in appeals, delay, judicial review, news, planning by sally

“Residents’ rights to mount legal challenges to controversial development projects will be severely restricted, David Cameron will announce.”

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Daily Telegraph, 18th November 2012

Source: www.telegraph.co.uk

Abu Qatada: in the public interest – UK Human Rights Blog

Posted November 16th, 2012 in appeals, deportation, human rights, news, public interest, terrorism, torture by sally

“You may have heard that the Special Immigration Appeals Commission (SIAC) decided on Tuesday that Abu Qatada, an alleged terrorist who has been detained for the best part of the last seven years awaiting deportation to his native Jordan, cannot be deported. There would be a real risk, ruled SIAC, that he would face a flagrant denial of justice in his ensuing trial.”

Full story

UK Human Rights Blog, 16th November 2012

Source: www.ukhumanrightsblog.com

EAT provides clarity on what it means to provide a “short-term” service – OUT-LAW.com

Posted November 15th, 2012 in appeals, employment tribunals, news, transfer of undertakings by sally

“A contract for a ‘single specific event’ need not necessarily be of ‘short-term duration’ to prevent workers being caught by regulations governing the employment rights and status of a particular worker when there is a change in service provider, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 15th November 2012

Source: www.out-law.com

Senior judge attacks meritless immigration challenges – Daily Telegraph

Posted November 15th, 2012 in appeals, deportation, immigration, judges, news by sally

“Immigration lawyers who lodge last minute meritless legal challenges against removals are an ‘intolerable waste of public money’ and will be name and shamed, one of the country’s most senior judges has warned.”

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Daily Telegraph, 14th November 2012

Source: www.telegraph.co.uk

YouView loses trademark appeal – The Guardian

Posted November 15th, 2012 in appeals, internet, media, news, trade marks by sally

“YouView, the much-delayed internet-connected TV service that finally launched earlier this year, may now have to change its name or face paying damages for trademark infringement after losing a high court appeal.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

Abu Qatada: Preventing a flagrant denial of justice – UK Human Rights Blog

Posted November 14th, 2012 in appeals, deportation, evidence, human rights, news, terrorism, torture by sally

“Earlier today [13 November], Abu Qatada was released from Long Lartin prison following his successful appeal before the Special Immigration Appeal’s Commission (SIAC). Qatada was challenging the decision to deport him to Jordan, where he faces a retrial for alleged terrorism offences.”

Full story

UK Human Rights Blog, 13th November 2012

Source: www.ukhumanrightsblog.com

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) – WLR Daily

Posted November 14th, 2012 in appeals, human rights, immigration, jurisdiction, law reports, tribunals by sally

R (Nirula) v First-tier Tribunal (Asylum and Immigration Chamber) [2012] EWCA Civ 1436; [2012] WLR (D) 318

“A person may not appeal against an immigration decision from within the United Kingdom in reliance on section 92(4)(a) of the Nationality, Immigration and Asylum Act 2002 unless he made a human rights claim or an asylum claim to the Secretary of State before instituting the appeal; where the claim is made for the first time in the notice of appeal, it is open to the First-tier Tribunal itself to take the jurisdictional point.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

Full story

The Independent, 13th November 2012

Source: www.independent.co.uk

Report #7 Human Rights law – Carl Gardner on the Abu Qatada judgment – Charon QC

Posted November 14th, 2012 in appeals, deportation, human rights, news, rule of law, terrorism by sally

“Today, I talk with Carl Gardner, ex government lawyer and author of the Head of Legal blog about the SIAC Abu Qatada decision and the wider implications for our society if we do not continue to uphold the Rule of Law – no matter how inconvenient it may be for politicians.”

Podcast

Charon QC, 13th November 2012

Source: www.charonqcuklawtour.com

Internet access is a right, judges rule – Daily Telegraph

“Appeal judges have overturned an order banning a voyeur from surfing the internet, saying it is ‘entirely unreasonable’ for anyone to be denied web access in today’s Britain.”

Full story

Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

Theresa May faces long battle to overturn Abu Qatada deportation ruling – The Guardian

Posted November 14th, 2012 in appeals, bail, deportation, electronic monitoring, evidence, legal aid, news, terrorism, torture by sally

“The home secretary, Theresa May, faces a lengthy legal battle to overturn this week’s ruling by British judges that the radical Islamist cleric Abu Qatada should not be sent back to Jordan to face trial.”

Full story

The Guardian, 13th November 2012

Source: www.guardian.co.uk

Taitt v State of Trinidad and Tobago – WLR Daily

Posted November 13th, 2012 in appeals, crime, law reports, learning difficulties, Privy Council by sally

Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317

“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same – WLR Daily

Posted November 13th, 2012 in appeals, asylum, children, EC law, law reports, local government by sally

Regina (Kadri) v Birmingham City Council; Regina (MA) v Same; JS (Afghanistan) v Same; YK (Afghanistan) v Same [2012] EWCA Civ 1432; [2012] WLR (D) 316

“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”

WLR Daily, 7th November 2012

Source: www.iclr.co.uk

Abu Qatada: what happens next? – Head of Legal

Posted November 13th, 2012 in appeals, deportation, immigration, news, terrorism, tribunals by sally

“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”

Full story

Head of Legal, 12th November 2012

Source: www.headoflegal.com

Abu Qatada wins appeal against deportation – The Guardian

Posted November 12th, 2012 in appeals, deportation, human rights, news, terrorism, torture by sally

“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”

Full story

The Guardian, 12th November 2012

Source: www.guardian.co.uk