Schools ‘illegally excluding pupils’ – BBC News

Posted March 19th, 2012 in appeals, human rights, inquiries, news, school exclusions by sally

“Some schools in England are illegally excluding pupils, sometimes permanently, without going through the full formal process, a report says.”

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BBC News, 19th March 2012

Source: www.bbc.co.uk

False retraction of rape claim case to go to supreme court – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her allegedly violent and abusive husband is to take her case to the supreme court.”

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The Guardian, 16th March 2012

Source: www.guardian.co.uk

Energy firm SSE loses appeal on mis-selling – BBC News

Posted March 16th, 2012 in appeals, energy, news, unfair commercial practices by tracey

“SSE has lost an appeal into a conviction for tricking potential customers into switching from their existing energy firm.”

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BBC News, 16th March 2012

Source: www.bbc.co.uk

Gay father wins right to be involved in son’s life – The Guardian

“The gay father of a two-year-old boy living with his lesbian mother and her partner has won the right to be involved in his life in a landmark ruling that could have significant implications for ‘alternative families’.”

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The Guardian, 14th March 2012

Source: www.guardian.co.uk

Helmot v Simon: tort in a nutshell from the Channel Islands – Halsbury’s Law Exchange

Posted March 14th, 2012 in appeals, compensation, Guernsey, indexation, negligence, news, personal injuries by sally

“It’s always, and only, simple propositions that matter. But often, in the law, only big judges have the confidence to utter simple things. That was what happened in Helmot v Simon [2012] UKPC 5 (7 March 2012), an appeal to the Privy Council by an optimistic defendant who sought to overturn a decision of the Court of Appeal of Guernsey, (whose judgment had been delivered by a judge by the name of Sumption).”

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Halsbury’s Law Exchange, 14th March 2012

Source: www.halsburyslawexchange.co.uk

The falsely retracted rape claim: how the justice system failed – The Guardian

“It has been a catastrophic case for both ‘Sarah’ the victim and the public. Here are the key questions that need answering.”

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The Guardian, 14th March 2012

Source: www.guardian.co.uk

Veterans lose nuclear weapons test damages bid – BBC News

Posted March 14th, 2012 in appeals, armed forces, compensation, news, nuclear weapons by sally

“Hundreds of ex-servicemen exposed to radiation in British nuclear weapons tests have lost a Supreme Court bid to launch damages claims against the MoD.”

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BBC News, 14th March 2012

Source: www.bbc.co.uk

Strasbourg rules on anti-gay speech for the first time – UK Human Rights Blog

“‘Will both teacher and pupils simply become the next victims of the tyranny of tolerance, heretics, whose dissent from state-imposed orthodoxy must be crushed at all costs?’, asked Cardinal O’Brien in his controversial Telegraph article on gay-marriage. He was suggesting that changing the law to allow gay marriage would affect education as it would preclude a teacher from telling pupils that marriage can only mean a heterosexual union. He later insinuated that the change might lead to students being given material such as an ‘explicit manual of homosexual advocacy entitled The Little Black Book: Queer in the 21st Century.'”

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UK Human Rights Blog, 13th March 2012

Source: www.ukhumanrightsblog.com

No “near miss” principle in immigration cases, despite Article 8 – UK Human Rights Blog

Posted March 14th, 2012 in appeals, human rights, immigration, news by sally

“The Court of Appeal has ruled that there is no ‘near miss’ principle in the application of the Immigration Rules. People who miss the five years’ continuous residence requirement – even if by two weeks – will not have met the rules. There is no exception.”

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UK Human Rights Blog, 14th March 2012

Source: www.ukhumanrightsblog.com

Police Commander Ali Dizaei in new conviction appeal – BBC News

“Disgraced Metropolitan Police commander Ali Dizaei has lodged an appeal against his latest convictions for misconduct in a public office and perverting the course of justice.”

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BBC News, 13th March 2012

Source: www.bbc.co.uk

Woman fails to quash conviction for falsely retracting rape claim – The Guardian

“The court of appeal has refused to quash a criminal conviction against a mother of four young children who was jailed for falsely retracting an accusation of rape against her allegedly violent and abusive husband.”

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The Guardian, 13th March 2012

Source: www.guardian.co.uk

High Court quashes pub landlady conviction over football copyrights infringement – OUT-LAW.com

Posted March 13th, 2012 in appeals, copyright, media, news by sally

“The pub landlady who was fined for screening FA Premier League (FAPL) football matches using a foreign satellite decoder has had her criminal conviction overturned by the High Court.”

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OUT-LAW.com, 13th March 2012

Source: www.out-law.com

Regina v Kapoor and others – WLR Daily

Posted March 13th, 2012 in appeals, crime, immigration, law reports by sally

Regina v Kapoor and others [2012] EWCA Crim 435; [2012] WLR (D) 72

“For the purposes of section 25(1)(2) of the Immigration Act 1971, as substituted, an ‘immigration law’ was a law which determined whether a person was lawfully or unlawfully either entering the United Kingdom, or in transit or being in the United Kingdom and did not include section 2 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 which made it an offence for a person not to have with him at a leave or asylum interview an immigration document which was in force and satisfactorily established his identity and nationality or citizenship.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another – WLR Daily

Posted March 13th, 2012 in appeals, charterparties, electronic mail, law reports by sally

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and another [2012] EWCA Civ 265; [2012] WLR (D) 70

“A contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

International Children Law Update – March 2012 – Family Law Week

Posted March 13th, 2012 in appeals, children, custody, law reports, news by sally

“Jacqueline Renton of 4 Paper Buildings reviews the latest key decisions in international children law.”

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Family Law Week, 12th March 2012

Source: www.familylawweek.co.uk

Court of Appeal: Herefordshire Council’s use of planning report did not provide adequate reasons for grant – OUT-LAW.com

Posted March 13th, 2012 in appeals, local government, news, planning by sally

“A local authority should not have used a report recommending the refusal of planning permission as justification for allowing that planning permission, the Court of Appeal has ruled.”

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OUT-LAW.com, 12th March 2012

Source: www.out-law.com

W (Algeria) and others v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, confidentiality, disclosure, immigration, law reports, news, witnesses by sally

W (Algeria) and others v Secretary of State for the Home Department [2012] UKSC 8; [2012] WLR (D) 69

“The Special Immigration Appeals Commission (‘SIAC’) could make an irrevocable non-disclosure order, without notice to the Secretary of State, where a witness, fearing reprisals, required an absolute and irreversible guarantee of confidentiality as a precondition to giving evidence relating to an appellant’s safety on return.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Lamichhane v Secretary of State for the Home Department – WLR Daily

Posted March 12th, 2012 in appeals, immigration, jurisdiction, law reports, tribunals by sally

Lamichhane v Secretary of State for the Home Department [2012] EWCA Civ 260; [2012] WLR (D) 67

“The Secretary of State had discretionary power to serve a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 although failure to serve did not render an immigration decision unlawful.”

WLR Daily, 7th March 2012

Source: www.iclr.co.uk

Christian hotel owners consider gay couple appeal at Supreme Court – BBC News

Posted March 12th, 2012 in appeals, Christianity, equality, news, sexual orientation discrimination by sally

“Two Christian guesthouse owners are considering taking their legal fight against rulings of discrimination to the Supreme Court.”

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BBC News, 12th March 2012

Source: www.bbc.co.uk

Daily Mirror publisher refused appeal against contempt of court fine – The Guardian

Posted March 9th, 2012 in appeals, contempt of court, fines, media, news by tracey

“Mirror Group Newspapers denied permission to appeal against £50,000 fine for its coverage of Christopher Jefferies and the Joanna Yeates case.”

Full story

The Guardian, 9th March 2012

Source: www.guardian.co.uk