Category: appeals

Signed, executed and all that! – New Square Chambers

Posted January 24th, 2012 in appeals, documents, enfranchisement, leases, news by sally

“The decision of the Court of Appeal in Hilmi & Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] 1 WLR 2750 (CA) highlighted the strict requirements of s 36A of the Companies Act 1985 (and hence the similarly-worded ss 43-47 of the Companies Act 2006 now in force) about companies signing and executing documents. The decision concerns a claim for leasehold enfranchisement, but is of wider importance and is a reminder, assuming that any is required, that statutory notices are very much all or nothing.”

Full story (PDF) see p. 4

New Square Chambers, January 2012

Source: www.newsquarechambers.co.uk

Star Reefers Pool Inc v JFC Group Co Ltd – WLR Daily

Posted January 24th, 2012 in appeals, injunctions, jurisdiction, law reports, vexatious litigants by sally

Star Reefers Pool Inc v JFC Group Co Ltd [2012] EWCA Civ 14; [2012] WLR (D) 3

“A judge’s decision that a party’s foreign proceedings were vexatious or oppressive was an evaluative judgment in a matter on which there was a right or wrong answer, not an exercise of discretion. Accordingly it was open to the Court of Appeal to conduct a serious review of the issue.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Tea row killer Dewi Evans loses appeal over wife’s murder – BBC News

Posted January 20th, 2012 in appeals, domestic violence, murder, news, provocation by tracey

“A former miner who killed his wife during a row over a cup of tea has lost his bid to overturn his conviction.”

Full story

BBC News, 17th January 2012

Source: www.bbc.co.uk

Metropolitan Police wins appeal over 2009 G20 ‘kettling’ tactics – BBC News

Posted January 19th, 2012 in appeals, demonstrations, London, news, police, restraint by sally

“The Metropolitan Police has won its appeal against a High Court ruling over ‘kettling’ tactics used during the G20 demonstrations in April 2009.”

Full story

BBC News, 19th January 2012

Source: www.bbc.co.uk

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk

‘Too lenient’ paedophile sentences to be reviewed – BBC News

Posted January 19th, 2012 in appeals, attorney general, news, sentencing, sexual offences by sally

“Three people jailed for their part in a paedophile ring could have their sentences reviewed because they may have been ‘unduly lenient’.”

Full story

BBC News, 18th January 2012

Source: www.bbc.co.uk

Supreme Court hears solicitor’s age claim – The Lawyer

Posted January 18th, 2012 in age discrimination, appeals, news, retirement, solicitors, Supreme Court by sally

“The Supreme Court has convened five of the country’s most senior judges to hear a landmark case over the social justifications that can be used to justify retiring a partner.”

Full story

The Lawyer, 17th January 2012

Source: www.thelawyer.com

Jon-Jaques Clinton’s wife murder conviction quashed – BBC News

Posted January 17th, 2012 in appeals, defences, evidence, murder, news, retrials by sally

“A 45-year-old man jailed for murdering his wife after she left him and found a new man has had his conviction quashed.”

Full story

BBC News, 17th January 2012

Source: www.bbc.co.uk

Murderers lose appeal against whole life tariffs – BBC News

Posted January 17th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Britain’s most dangerous criminals can be kept behind bars for the rest of their lives, judges at the European Court of Human Rights have ruled.”

Full story

BBC News, 17th January 2012

Source: www.bbc.co.uk

Garden row between millionaire neighbours reaches Appeal Court – Daily Telegraph

Posted January 17th, 2012 in appeals, news, rights of way by sally

“A long and bitter feud between a pair of millionaire Surrey neighbours has taken an expensive turn after their argument over a ‘wiggly path leading to nowhere’ reached the Appeal Court.”

Full story

Daily Telegraph, 16th January 2012

Source: www.telegraph.co.uk

Chris Huhne takes solar subsidy cuts ruling to the court of appeal – The Guardian

Posted January 13th, 2012 in appeals, energy, news by sally

“The government went to the court of appeal on Friday in an urgent attempt to overturn a high court ruling that has hit its plans to cut subsidies for solar panels on homes.”

Full story

The Guardian, 13th January 2012

Source: www.guardian.co.uk

Prosecutors to be able to challenge bail decisions – Daily Telegraph

Posted January 12th, 2012 in appeals, bail, Crown Court, news by sally

“Prosecutors will be able to challenge crown court decisions to release suspected serious offenders out on bail after David Cameron announced a change in the law yesterday.”

Full story

Daily Telegraph, 11th January 2012

Source: www.telegraph.co.uk

Regina v James and another – WLR Daily

Posted January 5th, 2012 in appeals, confiscation, law reports, sentencing by tracey

Regina v James and another; [2011] EWCA Crim 2991;  [2011] WLR (D)  389

“Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

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.”

Full story

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