Spencer v General Osteopathic Council – WLR Daily

Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin); [2012] WLR (D) 314

“The natural meaning of the language in the Osteopaths Act 1993 pointed to a threshold for the finding of ‘unacceptable professional conduct’ which there was no reason to distinguish from ‘misconduct’ in medical and dental legislation.”

WLR Daily, 8th November 2012

Source: www.iclr.co.uk

Abu Qatada awaits decision on deportation to Jordan – The Guardian

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

“Terror suspect Abu Qatada will find out on Monday if he is to be deported to Jordan to face trial.”

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The Guardian, 12th November 2012

Source: www.guardian.co.uk

Husband who beat wife’s lover freed after she finally admits affair – Daily Telegraph

Posted November 9th, 2012 in appeals, grievous bodily harm, news, sentencing, suspended sentences by sally

“A man jailed for beating up a friend he saw embracing his wife has been freed on appeal – after she belatedly confessed to the affair.”

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Daily Telegraph, 8th November 2012

Source: www.telegraph.co.uk

Informing Deposits – NearlyLegal

Posted November 8th, 2012 in appeals, deposits, landlord & tenant, news by sally

“The Court of Appeal has recently ruled on a tenancy deposit protection case regarding the issue of prescribed information. Here T had paid a deposit and L had protected it in one of the approved schemes but he had not given the prescribed information as required by the Housing (Tenancy Deposits)(Prescribed Information) Order 2007. T allegedly fell into rent arrears and L sought possession. T counter-claimned on the basis of lack of compliance with the Prescribed Information Order. L admitted non-compliance with the Order but argued that the requirement was largely procedural, thjat the purpose of the legislation was to protect depisits (which had been done) and that T could have found out all he wanted to know from teh scheme administrator. The lower Court dismised T’s claim holding that information in the tenancy agreement coupled with the further information provided by L during the hearing was enough to comply with the requirements of the Order.”

Full story

NearlyLegal, 7th November 2012

Source: www.nearlylegal.co.uk

Ched Evans refused appeal against rape conviction – BBC News

Posted November 7th, 2012 in appeals, news, rape by sally

“Footballer Ched Evans has lost the right to appeal against his conviction for rape.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Eye-gouge man Shane Jenkin loses appeal over Tina Nash attack – BBC News

“A man jailed for life for blinding his girlfriend by gouging out her eyes has had an appeal against his sentence refused.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Ex-Sheffield United and Wales striker Ched Evans appeals rape conviction – Daily Telegraph

Posted November 6th, 2012 in appeals, news, rape by sally

“Footballer Ched Evans who was jailed for rape is launching a new challenge against his conviction today.”

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Daily Telegraph, 6th November 2012

Source: www.telegraph.co.uk

TUPE service provision rules should be given literal interpretation, Court of Appeal says – OUT-LAW.com

Posted November 5th, 2012 in appeals, employment, news, transfer of undertakings by sally

“The Court of Appeal has confirmed that employees of a service provider cannot take advantage of certain legal protections when the client they provide services to changes at the same time as the company that they work for.”

Full story

OUT-LAW.com, 2nd November 2012

Source: www.out-law.com

Upper Tribunal confirms illegality of Catholic Charity’s ban on same-sex couple adoption – UK Human Rights Blog

“A private adoption agency could not justify its exclusion of same-sex prospective parents by arguing that this policy would keep open a source of funding that would otherwise dry up and reduce the number of adoption placements.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog

Posted November 5th, 2012 in appeals, detention, habeas corpus, judgments, judiciary, news, Supreme Court by sally

“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

Full story

UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Petrodel v Prest: hiding assets behind the corporate veil? – Halsbury’s Law Exchange

For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.

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Halsbury’s Law Exchange, 1st November 2012

Source: www.halsburyslawexchange.co.uk

No removal of right of appeal without clear and express wording – UK Human Rights Blog

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, news, taxation, tribunals, VAT by sally

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

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UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com

John Pope and John Cooper lose murder legal challenges – BBC News

Posted November 1st, 2012 in appeals, murder, news by sally

“Two men who were legally challenging their convictions for separate murders in Cardiff and Pembrokeshire have had their appeals dismissed.”

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BBC News, 1st November 2012

Source: www.bbc.co.uk

Divorce ruling branded ‘cheat’s charter’ – Law Society’s Gazette

Posted November 1st, 2012 in appeals, company law, financial provision, matrimonial home, news by sally

“Lawyers have branded as a ‘cheat’s charter’ a Court of Appeal landmark ruling that an oil tycoon need not hand over to his wife £17.5m in assets held by his companies.”

Full story

Law Society’s Gazette, 1st November 2012

Source: www.lawgazette.co.uk

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) – WLR Daily

Rahmatullah v Secretary of State for Defence and another (JUSTICE intervening) [2012] UKSC 48; [2012] WLR (D) 301

“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian – WLR Daily

Posted November 1st, 2012 in appeals, child support, detention, enforcement, law reports by sally

Child Maintenance and Enforcement Commission v Gibbons; Same v Karoonian [2012] EWCA Civ 1379; [2012] WLR (D) 300

“Where an application was made pursuant to section 39A(1) of the Child Support Act 1991 for the committal of a person to a term of imprisonment for wilful refusal or culpable neglect in not having complied with orders to pay child support maintenance, a strict construction was to be placed on the word ‘sought’ within section 39A(1)(a) of the 1991 Act as applying to a pre-condition governing the making of such a committal order.”

WLR Daily, 30th October 2012

Source: www.iclr.co.uk

Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest – Family Law Week

Posted November 1st, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

“Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal’s decision in the watershed case of Petrodel v Prest.”

Full story

Family Law Week, 31st October 2012

Source: www.familylawweek.com

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

Full story

UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Lalit Modi loses appeal against £90,000 libel award to Chris Cairns – The Guardian

Posted October 31st, 2012 in appeals, damages, defamation, news, sport by sally

“An appeal against a £90,000 libel award to former New Zealand cricket captain Chris Cairns over an accusation of match-fixing has failed.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk