appeals – Page 304 – Current Awareness

Regina v A (B) – WLR Daily

Posted July 16th, 2012 in appeals, evidence, law reports, married persons, threatening to destroy or damage property, witnesses by sally

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Stansted hijacker wins Home Office challenge – The Independent

Posted July 16th, 2012 in aircraft, appeals, asylum, news by sally

“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”

Full story

The Independent, 13th July 2012

Source: www.independent.co.uk

UK Border Agency slams decision on child rapist deportation – The Independent

Posted July 16th, 2012 in appeals, asylum, child abuse, deportation, EC law, human rights, news, rape by sally

“The UK Border Agency has reacted with fury to a court ruling allowing a Sudanese asylum seeker who raped a 12-year-old girl to remain in Britain.”

Full story

The Independent, 15th July 2012

Source: www.independent.co.uk

Catholic church loses abuse liability appeal – The Guardian

Posted July 12th, 2012 in appeals, child abuse, compensation, news, vicarious liability by sally

“A Roman Catholic diocese is liable to pay compensation for alleged beatings inflicted by a nun and sexual abuse perpetrated by a priest on a young girl, the court of appeal has ruled.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Set in Stone? – Zenith Chambers

Posted July 10th, 2012 in appeals, housing, landlord & tenant, news, notification, repossession by sally

“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”

Full story (PDF)

Zenith Chambers, 5th July 2012

Source: www.zenithchambers.co.uk

Regina v Bewley – WLR Daily

Posted July 10th, 2012 in appeals, firearms, law reports, weapons by sally

Regina v Bewley [2012] EWCA Crim 1457; [2012] WLR (D) 197

“A weapon from which a missile could be discharged only by means of elaborate steps taken with the use of additional equipment was not a firearm within section 57(1) of the Firearms Act 1968.”

WLR Daily, 6th July 2012

Source: www.iclr.co.uk

Regina v Aldridge; Regina v Eaton – WLR Daily

Posted July 10th, 2012 in appeals, law reports, sentencing, sexual offences prevention orders by sally

Regina v Aldridge; Regina v Eaton [2012] EWCA Crim 1456; [2012] WLR (D) 196

“Although no provision had expressly been made for an appeal against a variation or refusal to vary a Sexual Offences Prevention Order, which was a clear legislative oversight, there was authority that a variation of such an order constituted “an order made by the court when dealing with an offender” falling within the broad context of section 50 of the Criminal Appeal Act 1968. That decision had not been decided per incuriam and was binding. When deciding these appeals the court had been sitting in the Court of Appeal, Criminal Division, rather than the Court of Appeal, Civil Division.”

WLR Daily, 4th July 2012

Source: www.iclr.co.uk

Supreme Court dismisses self-incrimination appeal – UK Human Rights Blog

Posted July 10th, 2012 in appeals, news, private investigators, self-incrimination, Supreme Court by sally

“The Supreme Court has had its first (and perhaps last) look at an issue arising from the phone hacking litigation against the News of the World newspaper.”

Full story

UK Human Rights Blog, 9th July 2012

Source: www.ukhumanrightsblog.com

Abu Hamza lodges extradition appeal – The Independent

Posted July 10th, 2012 in appeals, extradition, human rights, news, terrorism by sally

“Radical Muslim cleric Abu Hamza has lodged an appeal over his extradition from the UK to America with Europe’s human rights judges, the Home Office said today.”

Full story

The Independent, 9th July 2012

Source: www.independent.co.uk

Family visit visa appeals: changes come into effect on 9 July 2012 – UK Border Agency

Posted July 9th, 2012 in appeals, bills, families, human rights, news, race discrimination, visas by sally

“As announced by the government on 18 June 2012, the Immigration Appeals (Family Visitor) Regulations 2012 come into force today (9 July 2012). The regulations set out who qualifies for a full right of appeal against a visa refusal to visit family in the UK.”

Full story

UK Border Agency, 9th July 2012

Source: www.ukba.homeoffice.gov.uk

Unduly lenient sentence cases referred to the Court of Appeal for 2011 – Attorney General’s Office

Posted July 5th, 2012 in appeals, news, sentencing, statistics by sally

“The Attorney General’s Office has today released its unduly lenient sentence statistics for 2011. 117 sentences, from 78 cases, were referred to the Court of Appeal by the Law Officers. The Court considered 97 of them were unduly lenient (83%) and 94 sentences were increased (80% of the 117 referred).”

Full story

Attorney General’s Office, 5th July 2012

Source: www.attorneygeneral.gov.uk

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc – WLR Daily

Posted July 5th, 2012 in appeals, food, law reports, trade marks by sally

Budéjovický Budvar, národní podnik v Anheuser-Busch Inc [2012] EWCA Civ 880; [2012] WLR (D) 190

“Where a longstanding situation of honest concurrent user of the same mark for goods had come about, each user could register its mark, and each could stop third parties from using it, but neither could stop the other.”

WLR Daily, 3rd July 2012

Source: www.iclr.co.uk

Ali Dizaei granted second appeal against conviction – The Guardian

Posted July 5th, 2012 in appeals, misfeasance in public office, news, perverting the course of justice, police by sally

“The saga surrounding the former police chief Ali Dizaei has taken another astonishing turn after he was given permission for a second time to challenge his conviction for corruption.”

Full story

The Guardian, 4th July 2012

Source: www.guardian.co.uk

DPP invites defence to appeal convictions of Drax Power Station protestors – Crown Prosecution Service

Posted July 3rd, 2012 in appeals, demonstrations, disclosure, news, police by sally

“The Director of Public Prosecutions, Keir Starmer QC, has invited 29 individuals convicted following the Drax Power Station protest in 2008 to appeal against their convictions. This protest involved the former undercover officer Mark Kennedy.”

Full story

Crown Prosecution Service, 3rd July 2012

Source: http://blog.cps.gov.uk

Huhne partner Carina Trimingham in privacy case appeal bid – BBC News

Posted June 29th, 2012 in appeals, harassment, media, news, privacy by sally

“The partner of MP Chris Huhne has launched an appeal after the High Court rejected her privacy and harassment claim against Associated Newspapers.”

Full story

BBC News, 29th June 2012

Source: www.bbc.co.uk

High Court allows Islington development and dismisses Council’s appeal – OUT-LAW.com

Posted June 28th, 2012 in appeals, local government, news, planning by sally

“The London Borough of Islington has lost a legal challenge against a Planning Inspector’s decision to allow an appeal and grant planning permission for a large-scale multi-storey student development in north London.”

Full story

OUT-LAW.com, 28th June 2012

Source: www.out-law.com

Preston gang rape men not significant risk: Appeal Court – BBC News

Posted June 28th, 2012 in appeals, news, rape, sentencing by sally

“Two men who laughed as they took part in a gang rape in Preston do not pose a significant risk to women, three senior judges have ruled.”

Full story

BBC News, 27th June 2012

Source: www.bbc.co.uk

Appeal court quash SAS fantasy murder conviction after 18 years – The Guardian

Posted June 28th, 2012 in appeals, diminished responsibility, mental health, murder, news by sally

“Jamie Petrolini’s conviction for the 1994 murder of Mohamed el-Sayed overturned on grounds of diminished responsibility.”

Full story

The Guardian, 27th June 2012

Source: www.guardian.co.uk

Regina v Gangar and another – WLR Daily

Posted June 27th, 2012 in appeals, confiscation, fraud, law reports by sally

Regina v Gangar and another [2012] EWCA Crim 1378; [2012] WLR (D) 185

“At the available asset stage of confiscation proceedings involving more than one defendant, a defendant’s partial interest in property was realisable, but had to be limited to his beneficial interest rather than treated as an 100% interest.”

WLR Daily, 21st June 2012

Source: www.iclr.co.uk

#WithoutPrejudice Special: #Twitterjoketrial with David Allen Green – Charon QC

Posted June 27th, 2012 in appeals, bomb hoaxing, freedom of expression, internet, podcasts by sally

“Welcome to this Without Prejudice Special on the Twitter Joke Trial with solicitor David Allen Green.”

Podcast

Charon QC, 26th June 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.