Category: appeals

Leeds Group plc v Leeds City Council (No 2) Regina (Leeds Group plc) v Leeds City Council (No 2) – WLR Daily

Posted December 6th, 2011 in appeals, commons, land registration, law reports, local government, retrospectivity by sally

Leeds Group plc v Leeds City Council (No 2); Regina (Leeds Group plc) v Leeds City Council (No 2) [2011] EWCA Civ 1447; [2011] WLR (D) 347

“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”

WLR Daily, 2nd December 2011

Source: www.iclr.co.uk

Supreme Court go-ahead for Julian Assange – The Independent

Posted December 5th, 2011 in appeals, extradition, news, sexual offences by sally

“The High Court paved the way today for WikiLeaks founder Julian Assange to pursue his case against extradition to Sweden in the Supreme Court.”

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The Independent, 5th December 2011

Source: www.independent.co.uk

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) – WLR Daily

Posted December 5th, 2011 in appeals, law reports, sentencing by sally

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344

“Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant whilst in prison. However, possible reductions for exceptional progress in prison did not form part of any appeal process for sentences imposed after 18 December 2003.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Julian Assange seeks to take legal fight to highest UK court – The Guardian

Posted December 5th, 2011 in appeals, extradition, news, sexual offences by sally

“WikiLeaks’ founder Julian Assange will make one further attempt to avert extradition to Sweden, where he is wanted for questioning over alleged sex crimes, when he asks judges on Monday to refer his case to Britain’s highest court.”

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The Guardian, 5th December 2011

Source: www.guardian.co.uk

Rooney lawyers claim legal victory – The Independent

Posted December 1st, 2011 in appeals, contracts, news, sport by sally

“Soccer star Wayne Rooney’s lawyers today claimed victory in the latest round of a multi-million pound legal fight with a sports management firm.”

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The Independent, 1st December 2011

Source: www.independent.co.uk

BEWARE statutory time limits to appeal: if you are late, you are out – UK Human Rights Blog

Posted December 1st, 2011 in appeals, news, time limits, tribunals by sally

“Any lawyer dealing with civil or criminal cases tends to think that, if there is a time limit for doing something in the case, then if that thing does not get done on time, the court may be lenient if there is good reason for extending time. The problem comes where the court is only given power to hear an appeal by a specific set of rules, and the rules say, for instance: you must appeal within 14 days of the decision. In the statutory context, that may mean precisely what it says. And the court, however sympathetically inclined, cannot do otherwise and allow a late appeal.”

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UK Human Rights Blog, 30th November 2011

Source: www.ukhumanrightsblog.com

LSC wins appeal in landmark case on legal aid payments – Law Society’s Gazette

Posted December 1st, 2011 in appeals, barristers, legal aid, news, time limits by sally

“The appeal court has overturned a High Court judgment that delays by the Legal Services Commission in seeking to recover payments on account amounted to an abuse of process.”

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Law Society’s Gazette, 30th November 2011

Source: www.lawgazette.co.uk

The Atomic Veterans Litigation – 4 New Square

Posted November 30th, 2011 in appeals, armed forces, class actions, limitations, news, nuclear weapons, personal injuries, Supreme Court by sally

“In the week commencing 14 November 2011, a seven-member panel of Justices of the Supreme Court (L Phillips, L Walker, L Hale, L Brown, L Mance, L Kerr and L Wilson) heard the Claimants’ appeal from the Court of Appeal’s decision in the Atomic Veterans Litigation (AB v Ministry of Defence [2010] EWCA Civ 1317). Argument took place over four days and judgment was reserved by the Supreme Court.”

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4 New Square, 21st November 2011

Source: www.4newsquare.com

Phone-hacking scandal: Judgement on Mulcaire reserved – BBC News

Posted November 29th, 2011 in appeals, interception, news, privilege, self-incrimination, telecommunications by sally

“Judgement has been reserved over a private investigator’s appeal against two court orders that may force him to reveal who ordered him to hack phones.”

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BBC News, 29th November 2011

Source: www.bbc.co.uk

Women win landmark court of appeal decision over equal pay – The Guardian

Posted November 29th, 2011 in appeals, equal pay, local government, news, time limits by sally

“Cooks, cleaners, caterers and care staff have won a landmark court of appeal decision that could pave the way for many more equal pay claims.”

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The Guardian, 29th November 2011

Source: www.guardian.co.uk

Prince Charles to challenge ruling set to lift secrecy about his estate – The Guardian

Posted November 29th, 2011 in appeals, confidentiality, environmental protection, freedom of information, news, royal family by sally

“Prince Charles is to challenge a judicial ruling that threatens to expose the environmental impact of the private estate that provides his £17m-a-year income.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

Judge orders review of ‘explosive’ documents that could clear Kevin Lane – The Guardian

Posted November 28th, 2011 in appeals, Criminal Cases Review Commission, murder, news by sally

“The court of appeal has instructed the Criminal Cases Review Commission (CCRC) to investigate the authenticity of ‘explosive’ documents in the case of Kevin Lane, jailed for life for a 1994 hitman murder. Lord Justice Hughes has asked the CCRC to deliver a progress report on this and other aspects of the case by the end of January.”

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The Guardian, 28th November 2011

Source: www.guardian.co.uk

Government hires extra judges to tackle welfare appeal backlog – Daily Telegraph

Posted November 28th, 2011 in appeals, benefits, delay, judiciary, news by sally

“Ministers have been forced to hire more than 80 new judges in a multi-million pound effort to address appeals by welfare claimants who dispute the loss of their benefits.”

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Daily Telegraph, 28th November 2011

Source: www.telegraph.co.uk

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) – WLR Daily

Posted November 24th, 2011 in appeals, costs, law reports, licensing, patents, time limits by sally

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) [2011] EWCA Civ 1337; [2011] WLR (D) 338

“The ‘transaction’ which an exclusive licensee of a patent was required by section 68 of the Patents Act 1977 to have registered within six months if the court was to award him costs in proceedings for infringement of that patent was the first transaction that had made him an exclusive licensee.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Regina v Oldfield – WLR Daily

Posted November 24th, 2011 in appeals, judges, law reports, pleadings by sally

Regina v Oldfield [2011] WLR (D) 337

“Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011

Source: www.lawreports.co.uk

Appeal court in landmark ruling on migrant removal – Law Society’s Gazette

Posted November 24th, 2011 in appeals, deportation, immigration, news by sally

“Migrants are denied the right of access to the court if they are given under 72 hours’ notice of their removal from the UK, the Court of Appeal ruled yesterday. The judgment frustrates the UK Border Agency’s aim to win permission for zero-notice removals.”

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Law Society’s Gazette, 23rd November 2011

Source: www.lawgazette.co.uk

Salman Butt and Mohammad Amir lose sentence appeal – BBC News

Posted November 24th, 2011 in appeals, corruption, gambling, news, sentencing by sally

“Ex-Pakistan cricket captain Salman Butt and bowler Mohammad Amir have lost their appeals against their sentences for a spot-fixing scam.”

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BBC News, 23rd November 2011

Source: www.bbc.co.uk

Investigation team “lacks necessary independence” for MOD ill-treatment allegations – UK Human Rights Blog

Posted November 23rd, 2011 in appeals, armed forces, inquiries, Iraq, judicial review, news, torture by sally

“The Court of Appeal has ruled that the Iraq Historic Allegations Team, set up to investigate allegations of ill-treatment of Iraqi detainees by members of the British armed forces, lacked the requisite independence to fulfil the investigatory obligation under Article 3 of the Convention.”

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UK Human Rights Blog, 23rd November 2011

Source: www.ukhumanrightsblog.com

Iraqi civilians win inquiry appeal – The Independent

Posted November 22nd, 2011 in appeals, armed forces, inquiries, Iraq, news, torture by sally

“More than 100 Iraqi civilians have won a landmark Court of Appeal battle in their bid for a fresh public inquiry into allegations of torture and inhuman and degrading treatment made against British soldiers and interrogators in Iraq.”

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The Independent, 22nd November 2011

Source: www.independent.co.uk