Richard O’Dwyer case: Lawyers lodge extradition appeal – BBC News
“The family of a Sheffield student who faces extradition to the United States has confirmed an appeal has been lodged by lawyers.”
BBC News, 22nd March 2012
Source: www.bbc.co.uk
Category: appeals
Barr and others v Biffa Waste Services Ltd – WLR Daily
Barr and others v Biffa Waste Services Ltd [2012] EWCA Civ 312; [2012] WLR (D) 86
“Conventional principles of the law of nuisance were to be applied to a claim based on nuisance by smell from a waste tip operated pursuant to a waste management permit. The fact that the alleged interference did not breach the permit nor amounted to negligence did not mean that the user had to be deemed ‘reasonable’.”
WLR Daily, 19th March 2012
Source: www.iclr.co.uk
Court of Appeal ruling allows Taylor Wimpey development to proceed – OUT-LAW.com
“Developer Taylor Wimpey can proceed with its 138 home development in Chippenham following a Court of Appeal ruling which confirmed that a lane, which is crucial to the development, is a public vehicular highway, and not a bridleway limited to walkers and riders.”
OUT-LAW.com, 21st March 2012
Source: www.out-law.com
Traveller loses appeal against flat – The Independent
“An Irish traveller forced to leave an illegal site failed to persuade senior judges today that a local authority should be obliged to re-home him in a caravan.”
The Independent, 21st March 2012
Source: www.independent.co.uk
Flood v The Times: Reynolds privilege defence is back – The Guardian
“The supreme court’s unanimous decision in Flood v Times Newspapers, handed down on Wednesday, gives some comfort to the media in what are otherwise gloomy times for journalists when the reputation of the news gathering and reporting trade, mid-Leveson inquiry, is hanging by a thread and the threat of statutory regulation looms large.”
The Guardian, 21st March 2012
Source: www.guardian.co.uk
The right to receive information; journalists and inquiries – UK Human Rights Blog
“Tangled web, this one, but an important one. Many will remember George Galloway’s Mariam Appeal launched in response to sanctions imposed on Iraq in 1998, and the famous picture of GG with Saddam Hussein. Well, the Appeal was then inquired into by the Charity Commission, and this case concerns an attempt by a journalist, unsuccessful so far, to get hold of the documents which the Inquiry saw. But the Commission took the 5th amendment – or rather, in UK terms, a provision in the Freedom of Information Act (s.32(2))which exempted from disclosure any document placed in the custody of or created by an inquiry. Cue Article 10 ECHR, and in particular the bits which include the freedom to receive information.”
UK Human Rights Blog, 21st March 2012
Source: www.ukhumanrightsblog.com
Pregnant Briton wins appeal against extradition to Argentina – The Guardian
“A pregnant British woman who was arrested on suspicion of smuggling cocaine through a South American airport has won her high court battle against extradition to Argentina on human rights grounds.”
The Guardian, 20th March 2012
Source: www.guardian.co.uk
JD (Congo) v Secretary of State for the Home Department (Public Law Project intervening); WN (The Gambia) v Same; ES (Iran) v Same; MR (Bangladesh) v Same – WLR Daily
“Where a claimant who had succeeded before the First-tier Tribunal but failed in the Upper Tribunal sought permission to appeal from the Upper Tribunal, not on the ground of an important point of principle or practice, but for some other compelling reason within section 13(6)(b) of the Tribunals, Courts and Enforcement Act 2007, the test to be applied was stringent but flexible, taking into account the particular circumstances of the case. The procedural history and extreme consequences for the claimant if he were refused permission to appeal were relevant factors to be taken into account by the court in deciding whether the threshold for a second-tier appeal had been reached.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange
“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”
Halsbury’s Law Exchange, 19th March 2012
Source: www.halsburyslawexchange.co.uk
The game changed back: Barr v. Biffa reversed – UK Human Rights Blog
“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”
UK Human Rights Blog, 19th March 2012
Source: www.ukhumanrightsblog.com
Five Criminal cases you need to know from February – One Inner Temple Lane
Five Criminal cases you need to know from February
One Inner Temple Lane, 19th March 2012
Source: www.1itl.com
Recent Developments in Freedom of Information: From Royal Oysters to Squatters’ Road-Maps and Beyond – 11 KBW
“The body of jurisprudence relating to freedom of information has continued to develop apace over the last year. The exponential growth in appeals being heard by both the first-tier and upper tribunals has meant that practitioners are having to work ever harder to keep abreast of changes to both the substantive law and practice and procedure.1 Rather than attempt a comprehensive review, this paper aims merely to address some of the more important developments in this area over the past year.”
Full story (PDF)
11 KBW, 16th March 2012
Source: www.11kbw.com
The Atomic Veterans Litigation – 4 New Square
“The Supreme Court handed down judgment in the Atomic Veterans Litigation (AVL) on 14 March 2012. The appeal is the first time the highest court has considered the law of limitation in group actions. The decision as to the correct approach to knowledge for the purpose of s.14(1) Limitation Act 1980 is relevant not only to personal injury claims but also to actions in respect of defective products (ss. 11A(4)(b) and 5(b)) and negligence actions not involving personal injury (s.14A). The decision is also relevant to the law of causation in tort and the extent to which claims may be proved by merely showing a material increase in the risk of harm.”
Full story (PDF)
4 New Square, 14th March 2012
Source: www.4newsquare.com
Regina v Feeley – WLR Daily
Regina v Feeley [2012] WLR (D) 83
“Where a defendant was being retried, following a successful appeal against conviction, there was no reason in principle why additional counts should not be added to the indictment.”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
The Supreme Court’s judgment in In the Matter of S (A Child) – An Analysis – Family Law Week
“Jennifer Perrins of 1 King’s Bench Walk analyses the Supreme Court’s judgment in In the Matter of S (A Child).”
Family Law Week, 19th March 2012
Source: www.familylawweek.com
‘Carpets not legal action’ to solve neighbour dispute – BBC News
“A £140,000 court case could have been avoided with ‘a moderate degree of carpeting’, a senior judge has said.”
BBC News, 16th March 2012
Source: www.bbc.co.uk
Schools ‘illegally excluding pupils’ – BBC News
“Some schools in England are illegally excluding pupils, sometimes permanently, without going through the full formal process, a report says.”
BBC News, 19th March 2012
Source: www.bbc.co.uk
False retraction of rape claim case to go to supreme court – The Guardian
“A woman who was jailed for falsely retracting an accusation of rape against her allegedly violent and abusive husband is to take her case to the supreme court.”
The Guardian, 16th March 2012
Source: www.guardian.co.uk
Energy firm SSE loses appeal on mis-selling – BBC News
“SSE has lost an appeal into a conviction for tricking potential customers into switching from their existing energy firm.”
BBC News, 16th March 2012
Source: www.bbc.co.uk
Gay father wins right to be involved in son’s life – The Guardian
“The gay father of a two-year-old boy living with his lesbian mother and her partner has won the right to be involved in his life in a landmark ruling that could have significant implications for ‘alternative families’.”
The Guardian, 14th March 2012
Source: www.guardian.co.uk
