Category: appeals

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’).”

Full story

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

Posted December 20th, 2011 in appeals, consultations, houses in multiple occupation, housing, local government, news by tracey

“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.”

Full story

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

S v C: Re E Revisited – Family Law Week

Posted December 14th, 2011 in appeals, child abduction, news by sally

Jennifer Perrins, barrister, of 1 King’s Bench Walk, considers the Court of Appeal’s judgment in S v C, the first appeal concerning an Article 13b ‘defence’ under the Hague Convention following the Supreme Court’s decision in Re E (Children) (Abduction: Custody Appeal).

Full story

Family Law Week, 7th December 2011

Source: www.familylawweek.co.uk

A human right to object to war – UK Human Rights Blog

Posted December 13th, 2011 in appeals, conscientious objection, courts martial, human rights, news, war by sally

“Moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge, the Court Martial Appeal Court has ruled. The appellant was not entitled to disobey a lawful command on the ground of conscientious objection.”

Full story

UK Human Rights Blog, 13th December 2011

Source: www.ukhumanrightsblog.com

Lord Chief Justice Issues Warning over Jurors – Judiciary of England and Wales

Posted December 9th, 2011 in appeals, criminal justice, juries, press releases by tracey

“The Lord Chief Justice, Lord Judge, has issued a warning of the need to preserve the integrity of jury trial and the jury system. The warning came in the Court of Appeal Criminal Division’s Annual Review of the Legal Year 2010/11published today (Friday 9 December).”

Full press release

Judiciary of England and Wales, 9th December 2011

Source: www.judiciary.gov.uk

Revenue and Customs Comrs v PA Holdings Ltd – WLR Daily

Posted December 8th, 2011 in appeals, dividends, income tax, law reports by tracey

Revenue and Customs Comrs v PA Holdings Ltd: [2011] EWCA Civ 1414;  [2011] WLR (D)  354

“Once it was established that payments awarded to employees in the form of shares and dividends were income received from employment the payments were liable to be charged under Schedule E and could not be charged under any other Schedule.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

Secretary of State for Work and Pensions v Elmi – WLR Daily

Posted December 8th, 2011 in appeals, benefits, law reports by tracey

Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403;  [2011] WLR (D)  353

“A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.”

WLR Daily, 18th October 2011

Source: www.iclr.co.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted December 8th, 2011 in appeals, insurance, law reports, warranties by tracey

In re Digital Satellite Warranty Cover Ltd and others: [2011] EWCA Civ 1413;  [2011] WLR (D)  352

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within paragraph (b) of class 16 Schedule I to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

Bank protest set for appeal court – The Independent

Posted December 8th, 2011 in appeals, banking, demonstrations, news, repossession, squatting by tracey

Protesters occupying an empty office complex owned by a bank are set to take their fight to remain to the Court of Appeal. A High Court judge today refused to overturn a ‘possession order’ granted to investment bank UBS, which owns the complex in the City of London.”

Full story

The Independent, 7th December 2011

Source: www.independent.co.uk