Julian Assange to launch fresh extradition appeal in high court – The Guardian

Posted July 12th, 2011 in appeals, extradition, news by tracey

“Julian Assange, the WikiLeaks founder wanted in Sweden over accusations of sexual assault, will launch a fresh appeal on Tuesday against his extradition at the high court in London.”

Full story

The Guardian, 11th July 2011

Source: www.guardian.co.uk

Terror suspect in control order appeal – BBC News

Posted July 11th, 2011 in appeals, control orders, news, terrorism by sally

“A terror suspect appealing against a control order was trained in Syria from where he plotted a terror attack on the UK, the High Court has heard.”

Full story

BBC News, 11th July 2011

Source: www.bbc.co.uk

Joujou and others v Masri – WLR Daily

Posted July 7th, 2011 in appeals, conflict of interest, enforcement, jurisdiction, law reports by sally

Joujou and others v Masri [2011] EWCA Civ 746; [2011] WLR (D) 219

“Judicial comity prevented the court from threatening contempt proceedings against judicial administrators who were refusing on instructions from the foreign court which appointed them to comply with a order of a High Court judge.”

WLR Daily, 28th June 2011

Source: www.iclr.co.uk

Jamaican lesbian can stay in UK, tribunal rules – BBC News

Posted July 6th, 2011 in appeals, immigration, news, refugees, sexual orientation discrimination by sally

“A Jamaican lesbian has won the right to stay in the UK after immigration judges ruled she risks persecution if she returns to her home country.”

Full story

BBC News, 6th July 2011

Source: www.bbc.co.uk

Pryor v Chief Constable of the Greater Manchester Police – WLR Daily

Posted July 5th, 2011 in appeals, insurance, law reports, police, road traffic offences by sally

Pryor v Chief Constable of the Greater Manchester Police [2011] EWCA Civ 749; [2011] WLR (D) 214

“Where the police exercised powers to seize the vehicle of a driver who was driving a friend’s car, but who was in fact insured to drive the vehicle in question and had the written permission of the owner to do so, the seizure could found liability in tort.”

WLR Daily, 30th June 2011

Source: www.iclr.co.uk

Supreme Court to consider suspending bail ruling – BBC News

Posted July 1st, 2011 in appeals, bail, detention, news by tracey

“The Supreme Court will consider on Monday suspending a judgement that has thrown police bail into chaos.”

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BBC News, 1st July, 2001

Source: www.bbc.co.uk

Nail bomber David Copeland loses sentence appeal – BBC News

Posted June 28th, 2011 in appeals, explosives, mental health, murder, news, sentencing by sally

“Nail bomber David Copeland has failed in his bid to reduce his minimum jail term of 50 years.”

Full story

BBC News, 28th June 2011

Source: www.bbc.co.uk

EAT allows barrister to pursue further claims against 4 New Square – The Lawyer

Posted June 28th, 2011 in appeals, barristers, barristers' clerks, employment tribunals, news, racism by sally

“The Employment Appeal Tribunal (EAT) has given permission for barrister Aisha Bijlani to pursue a racial and disability discrimination claim against four named individuals at her chambers, 4 New Square (4NS).”

Full story

The Lawyer, 27th June 2011

Source: www.thelawyer.com

Bank of Scotland plc v Zinda – WLR Daily

Posted June 27th, 2011 in appeals, law reports, mortgages, repossession by sally

Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208

“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Regina v McKenzie – WLR Daily

Posted June 27th, 2011 in appeals, criminal procedure, indictments, law reports, sexual offences by sally

Regina v McKenzie [2011] EWCA Crim 1550; [2011] WLR (D) 207

“Where the counts in an indictment referred to offences contrary to a specific statutory provision but the particulars referred to acts which would be contrary to a different statutory provision, findings of a jury could not be upheld on the basis that the requirements of section 4A(2)(b) of the Criminal Procedure (Insanity) Act 1964 were met, or that the defects could be cured by application of section 3 of the Criminal Appeal Act 1968.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Government seeks appeal in Sharon Shoesmith case – The Guardian

Posted June 27th, 2011 in appeals, child abuse, news, social services, unfair dismissal by sally

“The Department for Education has confirmed that it is seeking an appeal at the supreme court against the court of appeal ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”

Full story

The Guardian, 24th June 2011

Source: www.guardian.co.uk

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same – WLR Daily

Posted June 24th, 2011 in appeals, deportation, human rights, immigration, law reports by sally

IR (Sri Lanka) v Secretary of State for the Home Department; GT (Libya) v Same; AN (Pakistan) v Same; AK (Pakistan) v Same [2011] EWCA Civ 704; [2011] WLR (D) 206

“In national security deportation and exclusion cases before the Special Immigration Appeals Commission foreign nationals were entitled to the standard of procedural fairness contained in the Special Immigration Appeals Commission (Procedure) Rules 2003, neither more nor less.”

WLR Daily, 21st June 2011

Source: www.iclr.co.uk

Sir Fred Goodwin colleague appeals decision – The Independent

Posted June 24th, 2011 in anonymity, appeals, injunctions, media, news, privacy by sally

“Lawyers representing the work colleague with whom former Royal Bank of Scotland chief Sir Fred Goodwin had an affair has filed an appeal against a High Court judge’s decision that although the media must not identify her by name they could give her job description.”

Full story

The Independent, 23rd June 2011

Source: www.independent.co.uk

Eba v Advocate General for Scotland – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Eba v Advocate General for Scotland [2011] UKSC 29; [2011] WLR (D) 204

“The approach to judicial review of unappealable decisions of the Upper Tribunal in Scotland should be to align itself with what had been decided by the Supreme Court to be the approach to be taken in England and Wales. Accordingly, as in England and Wales, the same criteria which had to be satisfied when making a second-tier appeal to the Court of Appeal applied when deciding whether a refusal of permission by the Upper Tribunal to appeal to itself was open to judicial review in Scotland.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal – WLR Daily

Posted June 23rd, 2011 in appeals, judicial review, law reports, Supreme Court, tribunals by sally

Regina (Cart) v Upper Tribunal; Regina (MR (Pakistan)) Upper Tribunal [2011] UKSC 28; [2011] WLR (D) 203

“Judicial review of a refusal by the Upper Tribunal of permission to appeal to itself was limited to the grounds upon which permission to make a second-tier appeal to the Court of Appeal would be granted.”

WLR Daily, 22nd June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BT and TalkTalk denied Digital Economy Act appeal – The Guardian

Posted June 22nd, 2011 in appeals, copyright, electronic commerce, internet, judicial review, news by sally

“BT and TalkTalk have been refused permission to appeal against their failed legal challenge of the Digital Economy Act.”

Full story

The Guardian, 21st June 2011

Source: www.guardian.co.uk

Regina (Gaunt) v Office of Communications (Liberty intervening) – WLR Daily

Posted June 21st, 2011 in appeals, freedom of expression, law reports, media by sally

Regina (Gaunt) v Office of Communications (Liberty intervening) [2011] EWCA Civ 692; [2011] WLR (D) 201

“The provisions of the Ofcom Broadcasting Code had to be interpreted, as well as being applied in a particular case, so as to comply with the requirements of the right to freedom of expression in article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The question whether the publication of a finding by the statutory regulator constituted a permissible interference with a claimed right to freedom of expression under the article demanded rigorous scrutiny.”

WLR Daily, 17th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others – WLR Daily

Posted June 20th, 2011 in appeals, law reports, murder, offensive weapons, sentencing by sally

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others [2011] EWCA Crim 1462; [2011] WLR (D) 197

“For the purposes of deciding the starting point for determining the minimum term to be served by a defendant sentenced to life imprisonment on conviction of murder committed with a knife the fact that the defendant had taken a knife from the kitchen of a home to another room in the same home, even if a locked door was forced, did not mean that he had taken the knife to the scene within the meaning of paragraph 5A of Schedule 21 to the Criminal Justice Act 2003.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BG v Secretary of State for the Home Department – WLR Daily

Posted June 16th, 2011 in appeals, control orders, human rights, law reports by sally

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192

“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”

WLR Daily, 13th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.