Delaney v Pickett and another – WLR Daily

Posted January 5th, 2012 in appeals, defences, drug abuse, ex turpi causa, law reports, negligence, news, road traffic by tracey

Delaney v Pickett and another; [2011] EWCA Civ 1532;  [2011] WLR (D)  390

“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by tracey

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574;  [2011] WLR (D)  39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by tracey

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579;  [2011] WLR (D)  392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Padden v Bevan Ashford (a firm) – WLR Daily

Posted January 5th, 2012 in appeals, law reports, negligence, solicitors by tracey

Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616;  [2011] WLR (D)  393

“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Government launches appeal against solar tariff ruling – BBC News

Posted January 4th, 2012 in appeals, energy, news by tracey

“The government has launched an appeal against a High Court ruling that blocked its plans to cut subsidies for solar panels on homes.”

Full story

BBC News, 4th January 2012

Source: www.bbc.co.uk

Joey Barton’s appeal against red card rejected by Football Association – The Guardian

Posted January 4th, 2012 in appeals, disciplinary procedures, news, sport, violence by tracey

“Joey Barton’s appeal against his red card for violent conduct in QPR’s match against Norwich City has been dismissed by the Football Association.”

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The Guardian, 4th January 2012

Source: www.guardian.co.uk

Regina v Barnett – WLR Daily

Posted January 3rd, 2012 in appeals, confiscation, law reports, prostitution, sentencing by tracey

Regina v Barnett; [2011] EWCA Crim 2936;  [2011] WLR (D)  385

“In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Ian Stanley Barnett, against a confiscation order made by Judge Hernandez in the Crown Court at Manchester on 2 February 2011 on the basis of an assessment that the defendant’s financial benefit from his general criminal conduct was £5,085,22·70 and substituting the figure of £873,010.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

 

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

Full story

UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

Appeals soar after secret courts are opened to public – The Independent

Posted January 3rd, 2012 in appeals, Court of Protection, freedom of movement, news by tracey

“The number of appeals against deprivation of liberty orders has surged in the aftermath of a controversial Court of Protection case championed by The Independent, new figures show.”

Full story

The Independent, 2nd January 2012

Source: www.independent.co.uk

No human right to an hour’s minimum in the open air for “lifer” – Court of Appeal – UK Human Rights Blog

Posted December 21st, 2011 in appeals, human rights, misfeasance in public office, news by tracey

“The Court of Appeal has decided that a failure to provide a life sentence prisoner with a minimum of one hour in the open air each day did not constitute a breach of his human rights under Article 8 of the European Convention of Human Rights (‘ECHR’).”

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UK Human Rights Blog, 20th December 2011

Source: http://ukhumanrightsblog.com

Government’s HMO changes are not unlawful, Court of Appeal ruled – OUT-LAW.com

“It was not unlawful for the Government to introduce new laws that gave greater development rights for houses in multiple occupation (HMO) without consulting councils for a second time, the Court of Appeal has ruled.”

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OUT-LAW.com, 19th December 2011

Source: www.out-law.com

Dr David Kelly inquest ruling challenge fails – BBC News

Posted December 20th, 2011 in appeals, inquests, judicial review, news by tracey

“A bid to bring a High Court challenge over the attorney general’s refusal to give his consent for a new inquest into the death of Dr David Kelly has failed.”

Full story

BBC News, 19th December 2011

Source: www.bbc.co.uk

Occupy protesters in UBS bank building win legal victory – BBC News

Posted December 20th, 2011 in appeals, demonstrations, news, repossession, squatting by tracey

“Protesters occupying an empty office complex in the City of London owned by the bank UBS can stay until at least January, after a legal victory.”

Full story

BBC News, 19th December 2011

Source: www.bbc.co.uk

Julian Assange can appeal against extradition, supreme court rules – The Guardian

Posted December 16th, 2011 in appeals, extradition, news, sexual offences, Supreme Court by tracey

“The highest court in the land has granted permission for Julian Assange to appeal against his extradition to Sweden, where he faces sex crime allegations.”

Full story

The Guardian, 16th December 2011

Source: www.guardian.co.uk

Wayne Fox loses appeal after Tirion Lewis attack – BBC News

Posted December 16th, 2011 in appeals, assault, kidnapping, news, sentencing by tracey

“A man who kidnapped and savagely assaulted his girlfriend, leaving her in a coma, has had an appeal against his indeterminate sentence turned down.”

Full story

BBC News, 15th December 2011

Source: www.bbc.co.uk

European court backs British judges over hearsay evidence – The Guardian

Posted December 15th, 2011 in appeals, hearsay evidence, human rights, news, Supreme Court by sally

“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”

Full story

The Guardian, 15th December 2011

Source: www.guardian.co.uk

Regina v Kayani; Regina v Solliman – WLR Daily

Posted December 15th, 2011 in appeals, child abduction, kidnapping, law reports, sentencing by sally

Regina v Kayani; Regina v Solliman [2011] EWCA Crim 2871; [2011] WLR (D) 364

“Where a child had been abducted by a parent it no longer necessarily followed that for policy reasons a charge of kidnapping had always to be deemed inappropriate.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Raoul Moat accomplice loses bid to reduce jail sentence – The Guardian

Posted December 15th, 2011 in accomplices, appeals, news, sentencing by sally

“One of the two men who helped gunman Raoul Moat during his shotgun rampage, which left a man dead and a police officer blinded, has lost a bid to win a reduction in his sentence.”

Full story

The Guardian, 14th December 2011

Source: www.guardian.co.uk

UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

Full story

BBC News, 14th December 2011

Source: www.bbc.co.uk