“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
“Lawyers acting for the convicted murderer Jeremy Bamber have issued a legal challenge to the Criminal Cases Review Commission (CCRC) following its decision not to refer his case back to the court of appeal. They say the commission has acted ‘unlawfully, overstepped its powers and usurped the function of the appeal court’.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901; [2012] WLR (D) 133
“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”
WLR Daily, 2nd May 2012
Source: www.iclr.co.uk
“Solicitors are entitled to suspend work for clients who have not paid their bill in accordance with the contractual term of business agreed, the Court of Appeal has ruled in a key case on retainers.”
Law Society’s Gazette, 2nd May 2012
Source: www.lawgazette.co.uk
Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129
“In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there.”
WLR Daily, 26th April 2012
Source: www.iclr.co.uk
Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128
“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”
WLR Daily, 29th April 2012
Source: www.iclr.co.uk
“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”
UK Human Rights Blog, 2nd May 2012
Source: www.ukhumanrightsblog.com
“European human rights judges will decide next Wednesday whether Abu Qatada’s appeal against his deportation from Britain should be allowed to go ahead.”
The Guardian, 2nd May 2012
Source: www.guardian.co.uk
“Parent companies have a responsibility for the health and safety of their subsidiaries’ employees, the Court of Appeal has ruled in a groundbreaking case.”
Law Society’s Gazette, 30th April 2012
Source: www.lawgazette.co.uk
“Three men jailed for life for murdering two friends at a new year party in Birmingham have lost an appeal against their convictions.”
BBC News, 26th April 2012
Source: www.bbc.co.uk
“The financial services regulator ‘did not establish its case’ that the former chief executive of a large investment bank had committed misconduct through his alleged failure to adequately supervise compliance issues.”
OUT-LAW.com, 26th April 2012
Source: www.out-law.com
“Jeremy Bamber, who was jailed for killing his family 27 years ago, has failed in his latest attempt to appeal against his conviction.”
BBC News, 26th April 2012
Source: www.bbc.co.uk
“The Court of Appeal has rejected a local resident’s claim that Southwark Council should have ensured that better and larger community facilities were provided as part of a local development and that this was a ‘substantive legitimate expectation’.”
OUT-LAW.com, 25th April 2012
Source: www.out-law.com
“When is reorganisation of healthcare services unlawful? When can consultation, rather than a final decision, successfully be challenged? These were the questions dealt with by the Court of Appeal in relation to the reconfiguration of paediatric heart surgery services. The Bristol Royal Infirmary scandal had left these services in need of change; the Court of Appeal found that there was nothing unlawful in the consultation process resulting in the Royal Brompton failing to be chosen as one of the two specialist centres in London.”
UK Human Rights Blog, 25th April 2012
Source: www.ukhumanrightsblog.com
“A lawyer forced to retire at 65 lost a Supreme Court Appeal on age discrimination today.”
The Independent, 25th April 2012
Source: www.independent.co.uk
Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119
“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”
WLR Daily, 20th April 2012
Source: www.iclr.co.uk
Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118
“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”
WLR Daily, 18th April 2012
Source: www.iclr.co.uk
“Ken Clarke has said changes to the European Court of Human Rights will reduce ‘frustration’ over cases such as the proposed deportation of Abu Qatada.”
BBC News, 22nd April 2012
Source: www.bbc.co.uk
“A consultation that led to the proposed closure of a paediatric heart unit at a west London hospital was lawful, the Court of Appeal has ruled.”
BBC News, 19th April 2012
Source: www.bbc.co.uk
“The deportation of Abu Qatada descended into farce after a potential blunder by the Home Office allowed his lawyers to lodge a last-minute appeal which could extend his stay in Britain and derail attempts to remove him from the country.”
Daily Telegraph, 18th April 2012
Source: www.telegraph.co.uk
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