Postmistress murderer Robin Garbutt loses appeal – BBC News
“A shopkeeper who bludgeoned his postmistress wife to death has lost a challenge against his murder conviction at the Court of Appeal.”
BBC News, 24th May 2012
Source: www.bbc.co.uk
Category: appeals
Court clerk who was first to be jailed under Bribery Act has sentence cut – The Guardian
“A court clerk who made legal history when he became the first person to be jailed under new bribery legislation has had his sentence reduced by two years.”
The Guardian, 24th May 2012
Source: www.guardian.co.uk
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) – WLR Daily
“The protection against costs provided to HM Revenue and Customs by section 144(2) of the Customs and Excise Management Act 1979, in respect of proceedings brought against them on account of the seizure or detention of any thing on reasonable grounds, applied to claims for judicial review.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department – WLR Daily
“When a notice of appeal against an extradition decision had an irregularity which could be cured by amendment and the circumstances merited that, the court had jurisdiction to permit the amendment and hear the appeal. A British citizen against whom an extradition order was made was entitled to a fair determination of his common law right to remain within the jurisdiction of the United Kingdom. A statutory provision which impaired his right of appeal against an extradition decision had to be read with the qualification that the court had a discretion in exceptional circumstances to extend the time for the filing of a notice of appeal.”
WLR Daily, 23rd May 2012
Source: www.iclr.co.uk
Time extended for appeals under Extradition Act – UK Human Rights Blog
“The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the Human Rights Convention.”
UK Human Rights Blog, 23rd May 2012
Source: www.ukhumanrightsblog.com
SARs ruling brings relief to law firms – Law Society’s Gazette
“A Court of Appeal ruling on anti-money-laundering obligations will bring relief for businesses, including law firms, and remind lawyers of the importance of having appropriate systems to evidence concerns leading to suspicious activity reports (SARs).”
Law Society’s Gazette, 24th May 2012
Source: www.lawgazette.co.uk
Don’t rely on human rights in a dismissal claim – UK Human Rights Blog
“For a government much divided about rights of employees and the Beecroft Report that proposes curtailing them, some relief is provided by this Court of Appeal ruling, a further blow to those who have argued that Article 6 can be deployed against their employers.”
UK Human Rights Blog, 23rd May 2012
Source: www.ukhumanrightsblog.com
Double-killer mother loses appeal – The Independent
“A mother who murdered her two young children and placed their bodies in holdalls in the boot of her car has lost her appeal against sentence.”
The Independent, 22nd May 2012
Source: www.independent.co.uk
El Goure v Kensington and Chelsea Royal London Borough Council – WLR Daily
“Although the legislation did not lay down the criteria of special circumstances in relation to priority need for housing homeless persons, a separated parent’s reasonable expectation that his children, who were living with their other parent, would move to live with him did not impose an obligation on the local housing authority to consider the parent’s case as special circumstances case for priority needs. Where an applicant for housing was represented by solicitors the failure of the authority expressly to notify the solicitor so that they could make representations in connection with the review did not invalidate the decision of the review officer to uphold the authority’s decision rejecting an application for priority need housing.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Maswaku v Westminster City Council – WLR Daily
Maswaku v Westminster City Council [2012] EWCA Civ 669; [2012] WLR (D) 153
“Section 193(5) of the Housing Act 1996 did not impose any statutory obligation on the local housing authority to spell out each and every possible consequence if an eligible homeless applicant refused temporary alternative accommodation offered which the authority considered to be suitable for him.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Mattu v University Hospitals Coventry and Warwickshire NHS Trust – WLR Daily
“The disciplinary proceedings of a public employer as to the dismissal of an employee under a contract of employment did not determine a “civil right” of the employee for the purposes of the right to a fair hearing pursuant to article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Westbrook Dolphin Square Ltd v Friends Life Ltd – WLR Daily
Westbrook Dolphin Square Ltd v Friends Life Ltd [2012] EWCA Civ 666; [2012] WLR (D) 151
“Since the Leasehold Reform, Housing and Urban Development Act 1993 gave a tenant of a flat the right to acquire the freehold of his premises following service on the landlord of a notice of claim under section 13, and the tenant also had the statutory right to serve a second notice of claim at any time after a year had expired following the withdrawal of the first notice of claim, the general provision in CPR r 38.7, requiring the permission of the court to bring a second claim, did not apply to a second claim based on such a second notice.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
Burnip v Birmingham City Council and another (Equality and Human Rights Commission intervening); Trengove v Walsall Metropolitan Borough Council and another (Same intervening); Gorry v Wiltshire County Council and another (Same intervening) – WLR Daily
“The statutory criteria for calculating housing benefit for tenants in the private rented sector based on an entitlement to a one bedroom rate discriminated against the severely disabled and there was no justification in their case for continuation of the single bedroom rules.”
WLR Daily, 15th May 2012
Source: www.iclr.co.uk
Anemometers and wind farms once more: PINS now win the day – UK Human Rights Blog
“I have previously posted on the decision leading to this successful appeal by the Planning Inspectorate, against an order that they produce their legal advice concerning a planning appeal. The decision of the First-Tier Tribunal in favour of disclosure was reversed by a strong Upper Tribunal, chaired by Carnwath LJ in his last outing before going to the Supreme Court. So the upshot is that PINS can retain whatever advice which led them to refuse this request for a public inquiry in a locally controversial case.”
UK Human Rights Blog, 22nd May 2012
Source: www.ukhumanrightsblog.com
Convention should not be a basis for demanding unnecessary public inquiries – Court of Appeal – UK Human Rights Blog
“The Court of Appeal has confirmed that the Secretary of State acted lawfully in not ordering independent inquiry into a 2009 protest at an Immigration Detention Centre.”
UK Human Rights Blog, 21st May 2012
Source: www.ukhumanrightsblog.com
Employees must be part of a “deliberate” grouping to transfer under TUPE, tribunal says – OUT-LAW.com
“Individuals who spend all their time working for a single client will not necessarily form part of an ‘organised grouping of employees’ whose employment will transfer under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations when their work is taken back in-house, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 21st May 2012
Source: www.out-law.com
Housing benefit system discriminated against disabled people, rules Court of Appeal – UK Human Rights Blog
“In the same week that the Secretary of State for Work and Pensions, Iain Duncan-Smith, announced his intention to implement sweeping reforms of the current system of disability benefits, the Court of Appeal has ruled that housing benefit rules were discriminatory against disabled people, in breach of Article 14 read with Article 1 Protocol 1 of the European Convention.”
UK Human Rights Blog, 19th May 2012
Source: www.ukhumanrightsblog.com
CoA judge raps defendant for spurning mediation – Law Society’s Gazette
“A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing – warning it will be a costly decision.”
Law Society’s Gazette, 17th May 2012
Source: www.lawgazette.co.uk
Sam Hallam murder conviction officially quashed – The Guardian
“A young man who spent more than seven years in jail for a murder he insists he did not commit has had his conviction quashed by judges.”
The Guardian, 17th May 2012
Source: www.guardian.co.uk
In re D (A Child) (Care Proceedings: Designated Local Authority) – WLR Daily
“In determining which local authority was to be the designated authority in care order proceedings governing a child, where the mother was herself a child in care, the ‘disregard provision’ contained within section 105(6) of the Children Act 1989 did not apply to the mother. It applied only to the child who was the subject of the care order proceedings.”
WLR Daily, 14th May 2012
Source: www.iclr.co.uk
