appeals – Page 311 – Current Awareness

Regina v Newell – WLR Daily

Posted April 3rd, 2012 in admissibility, appeals, evidence, law reports by sally

Regina v Newell [2012] EWCA Crim 650; [2012] WLR (D) 105

“A statement made on a plea and case management hearing form by the defendant’s counsel, although admissible in principle as a matter of law, should not, in the exercise of the court’s discretion under section 78 of the Police and Criminal Evidence Act 1984 (‘PACE’), be admitted in evidence against the defendant at trial, provided that the case had been conducted in accordance with the letter and the spirit of the Criminal Procedure Rules 2011.”

WLR Daily, 30th March 2012

Source: www.iclr.co.uk

Chechnyan can return to UK, rule judges – The Independent

Posted April 2nd, 2012 in appeals, asylum, intelligence services, judicial review, news by sally

“A man deemed likely to help try to kill a Russian politician on Britain’s streets has been allowed to return to the UK to fight to stay in the country.”

Full story

The Independent, 2nd April 2012

Source: www.independent.co.uk

New Pilot To Show Mediation Can Work For The Court Of Appeal – Judiciary of England and Wales

Posted April 2nd, 2012 in appeals, contracts, dispute resolution, litigants in person, news, personal injuries, pilot schemes by sally

“A new pilot scheme is designed to give a shot in the arm to the Court of Appeal Mediation Scheme (CAMS). It will be managed by CEDR (Centre for Dispute Resolution) which administers CAMS.”

Full story

Judiciary of England and Wales, 30th March 2012

Source: www.judiciary.gov.uk

Fabrice Muamba: Jailed Twitter user Liam Stacey’s appeal dismissed – BBC News

Posted March 30th, 2012 in appeals, inciting racial hatred, internet, news, sentencing by sally

“A student has lost his appeal after being sent to jail for posting racially offensive comments on Twitter about footballer Fabrice Muamba.”

Full story

BBC News, 30th March 2012

Source: www.bbc.co.uk

Suspected terrorist regranted British citizenship – UK Human Rights Blog

Posted March 29th, 2012 in appeals, asylum, citizenship, news, terrorism by sally

“The Court of Appeal has allowed the suspected terrorist Al‐Jedda’s appeal against the Home Secretary’s decision to deprive him of his British nationality.”

Full story

UK Human Rights Blog, 29th March 2012

Source: www.ukhumanrightsblog.com

Promptness yet again in judicial review: It’s Complicated – UK Human Rights Blog

Posted March 29th, 2012 in appeals, EC law, judicial review, news, planning by sally

“Two first-instance cases last year (Buglife, and Broads) considered whether a defendant to a judicial review involving a European point can complain that the proceedings were not commenced ‘promptly’ even though they were commenced within the 3 month time limit. Both judges decided that this argument could not be advanced, even though the wording in CPR rule 54.5(1) reads ‘promptly and in any event not later than 3 months.’ The Court of Appeal has now (by a whisker) approved these cases, though there was a vigorous dissent on one important point from Carnwath LJ. The point was in one sense academic, because the Court thought there was no merit in the underlying proceedings, but the ruling is still important.”

Full story

UK Human Rights Blog, 29th March 2012

Source: www.ukhumanrightsblog.com

Terror suspect Hilal Al-Jedda in nationality win – The Independent

Posted March 29th, 2012 in appeals, asylum, citizenship, news, terrorism by sally

“A terror suspect has come a step closer to returning to the UK after winning a Court of Appeal battle against the Government’s decision to strip him of his British nationality.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

Appeal court overturns civil partnership award – BBC News

Posted March 29th, 2012 in appeals, civil partnerships, financial provision, news by sally

“Judges have overturned a decision that awarded an actor a £1.7m settlement after his civil partnership broke down.”

Full story

BBC News, 29th March 2012

Source: www.bbc.co.uk

Jeremy Bamber in new challenge to conviction for murdering family – The Guardian

Posted March 29th, 2012 in appeals, Criminal Cases Review Commission, murder, news, witnesses by sally

“Jeremy Bamber, who was jailed for 26 years for killing five members of his own family, is launching another bid for freedom after evidence emerged that the assistant director of public prosecutions decided not to proceed with drug trafficking and fraud allegations against a key prosecution witness.”

Full story

The Guardian, 29th March 2012

Source: www.guardian.co.uk

A robust restatement of the principles of nuisance – UK Human Rights Blog

Posted March 28th, 2012 in appeals, news, nuisance, waste by sally

“The reverse suffered by the claimants in the noisy motor racing case case before the Court of Appeal last month was something of a body blow to common lawyers and environmentalists. So this latest development in nuisance litigation should be welcome news.”

Full story

UK Human Rights Blog, 27th March 2012

Source: www.ukhumanrightsblog.com

Criminal Cases Review Commission must be reformed, say campaigners – The Guardian

Posted March 28th, 2012 in appeals, Criminal Cases Review Commission, miscarriage of justice, news by sally

“Innocent people wrongly convicted of serious crimes are being routinely failed by the body set up to investigate miscarriages of justice, according to lawyers and campaigners. They will call this week for urgent reform of the Criminal Cases Review Commission – set up in the wake of high profile miscarriages of justice including the Birmingham Six and Guildford Four – on the 15th anniversary of the formation of the independent review body.”

Full story

The Guardian, 27th March 2012

Source: www.guardian.co.uk

FiTs uncertainty remains for solar industry as Government refused leave to appeal – OUT-LAW.com

Posted March 27th, 2012 in appeals, energy, news by sally

“The Government has been denied the opportunity to appeal to the Supreme Court in over its ‘legally flawed’ decision to reduce subsidies to businesses and homes which use solar panels to generate renewable energy.”

Full story

OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Twice as many judges needed to handle benefits appeals – Daily Telegraph

Posted March 26th, 2012 in appeals, benefits, disabled persons, judiciary, news, remuneration, tribunals by sally

“Twice as many judges are needed to handle the high volume of appeals under the Government’s controversial new welfare regime, at a cost of at least £1million a year.”

Full story

Daily Telegraph, 26th March 2012

Source: www.telegraph.co.uk

Appeals in the Court of Appeal Criminal Division: details of sentence – The Bar Council

Posted March 23rd, 2012 in appeals, drafting, press releases, sentencing by sally

“The Court of Appeal (Criminal Division) will in future strongly recommend any legal representative drafting grounds of appeal against sentence to incorporate within those grounds a pro forma table setting out the details of the sentence passed.”

Full press release

The Bar Council, 21st March 2012

Source: www.barcouncil.org.uk

Compelling reasons but no need for truly drastic circumstances: second stage immigration appeals revisited – UK Human Rights Blog

Posted March 23rd, 2012 in appeals, immigration, news, tribunals by sally

“The Court of Appeal has considered the test for the second stage of appeal in immigration cases, when someone wishes to appeal from the Upper Tribunal to the Court of Appeal. The test requires showing that: ‘(a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the [Court of Appeal] to hear the appeal.’ ”

Full story

UK Human Rights Blog, 23rd March 2012

Source: www.ukhumanrightsblog.com

Mohamed (Azza) v Secretary of State for the Home Department – WLR Daily

Posted March 22nd, 2012 in appeals, elderly, immigration, law reports by sally

Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92

“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily

Posted March 22nd, 2012 in appeals, charities, Charity Commission, disclosure, freedom of information, law reports, news by sally

Kennedy v Charity Commission (Information Commissioner and another intervening) [2012] EWCA Civ 317; [2012] WLR (D) 91

“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Fortune and others v Wiltshire Council and another – WLR Daily

Posted March 22nd, 2012 in appeals, law reports, local government, rights of way, roads by sally

Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90

“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”

WLR Daily, 20th March 2012

Source: www.iclr.co.uk

Regina v Scottish and Southern Energy plc – WLR Daily

Posted March 22nd, 2012 in appeals, consumer protection, law reports by sally

Regina v Scottish and Southern Energy plc [2012] EWCA Crim 539; [2012] WLR (D) 89

“It was possible to prosecute more than one person or entity for the same alleged offence of engaging in a misleading commercial practice contrary to regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008.”

WLR Daily, 16th March 2012

Source: www.iclr.co.uk

Killer Kevin Nunn in High Court forensic evidence challenge – BBC News

Posted March 22nd, 2012 in appeals, DNA, evidence, forensic science, news by sally

“A convicted killer has started a new High Court challenge to access forensic evidence that his lawyers claim could clear his name.”

Full story

BBC News, 21st March 2012

Source: www.bbc.co.uk