Caterpillar Logistics Service (UK) Ltd v de Crean – WLR Daily

Posted February 23rd, 2012 in appeals, confidentiality, employment, injunctions, law reports by sally

Caterpillar Logistics Service (UK) Ltd v de Crean [2012] EWCA Civ 156; [2012] WLR (D) 40

“The court had power under section 37 of the Senior Courts Act 1981 to grant barring-out relief, but if it could ever be granted to an employer against an employee it could only be in the most exceptional circumstances.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Cameron v Boggiano and another – WLR Daily

Posted February 23rd, 2012 in appeals, conveyancing, law reports, sale of land by sally

Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39

“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Government asks Supreme Court for permission to appeal FiTs rulings – OUT-LAW.com

Posted February 23rd, 2012 in appeals, consultations, energy, news, Supreme Court by sally

“The Government has asked the Supreme Court to rule on whether it acted lawfully when it announced plans to scale back its subsidy plans for solar projects in December.”

Full story

OUT-LAW.com, 22nd February 2012

Source: www.out-law.com

Crimes committed by victims of human trafficking – should they be prosecuted? – UK Human Rights Blog

“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”

Full story

UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

St Paul’s protesters refused appeal – The Independent

Posted February 22nd, 2012 in appeals, Church of England, demonstrations, injunctions, news by sally

“Anti-capitalist protesters camping outside St Paul’s Cathedral were today refused permission by the Court of Appeal to challenge orders evicting them.”

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The Independent, 22nd February 2012

Source: www.independent.co.uk

Master of the Rolls criticises Irwin Mitchell costs – The Lawyer

Posted February 21st, 2012 in appeals, costs, law firms, news, personal injuries by sally

“Irwin Mitchell has been forced to defend its pricing policy after the Master of the Rolls Lord Neuberger highlighted a case in which it charged six times the amount paid out to its client.”

Full story

The Lawyer, 21st February 2012

Source: www.thelawyer.com

MM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted February 21st, 2012 in appeals, asylum, immigration, law reports, tribunals by sally

MM (Zimbabwe) v Secretary of State for the Home Department: [2012] EWCA Civ 135;  [2012] WLR (D)  36

” ‘Conspicuous unfairness’ was not a free standing ground in an immigration case on which a court could act in the absence of unlawful action on the part of the Home Secretary.”

WLR Daily, 24th January 2012

Source: www.iclr.co.uk

Baby P social workers to appeal over sacking – BBC News

Posted February 21st, 2012 in appeals, employment tribunals, news, social services, unfair dismissal by sally

“Two social workers who lost their jobs after the killing of Baby P will appeal against an employment tribunal ruling they were fairly sacked.”

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BBC News, 21st February 2012

Source: www.bbc.co.uk

Oil tycoon allowed to rely on African law in £17.5 million divorce battle – Daily Telegraph

Posted February 21st, 2012 in appeals, divorce, financial provision, news by sally

“An oil baron has been granted permission by the Appeal Court to rely on Nigerian native law in a bitter multi-million divorce battle with his former wife in what is believed to be the first ruling of its kind.”

Full story

Daily Telegraph, 20th February 2012

Source: www.telegraph.co.uk

Woman jailed for withdrawing rape allegation appeals against conviction – The Guardian

“A woman who was jailed for falsely retracting an accusation of rape against her husband has appeared in court seeking to have her conviction quashed.”

Full story

The Guardian, 15th February 2012

Source: www.guardian.co.uk

Glenn Mulcaire granted evidence appeal – BBC News

Posted February 15th, 2012 in appeals, evidence, interception, media, news, public interest, Supreme Court by sally

“The Supreme Court has ruled it will decide whether private investigator Glenn Mulcaire must reveal which journalists asked him to hack phones.”

Full story

BBC News, 15th February 2012

Source: www.bbc.co.uk

Child rapist’s jail term cut to encourage guilty pleas – Daily Telegraph

“A judge has cut the minimum sentence to be served by a child rapist, Paul Wilson, in order to encourage other offenders to plead guilty and spare their victims the ordeal of a court case.”

Full story

Daily Telegraph, 15th February 2012

Source: www.telegraph.co.uk

Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council – WLR Daily

Posted February 14th, 2012 in appeals, benefits, housing, landlord & tenant, law reports, local government by sally

Salisbury Independent Living Ltd v Wirral Metropolitan Borough Council [2012] EWCA Civ 84; [2012] WLR (D) 31

“A landlord had a right of appeal under paragraph 6(3) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 as a ‘person affected’ by a housing benefit decision in respect of its tenant only in the distinct cases provided for in subordinate legislation.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Preddy and another v Bull and another – WLR Daily

Preddy and another v Bull and another [2012] EWCA Civ 83; [2012] WLR (D) 30

“By operating a policy of restricting occupancy of double-bedded rooms in their hotel to married couples, the defendants had discriminated directly against the claimant, a homosexual couple. The defendants’ policy, dictated by their religious belief that it was sinful for heterosexual or homosexual couples to have sexual relations outside marriage, was not protected under the Equality Act (Sexual Orientation) Regulations 2007 because the former could be married but the latter could not. The restriction was therefore absolute in relation to homosexuals but not in relation to heterosexuals, and constituted discrimination on grounds of sexual orientation. No individual was entitled to manifest his religious belief when and where he chose so as to obtain exemption in all circumstances from some legislative provisions of general application. Furthermore, by virtue of article 9(2 ) of the Convention for the Protection of Human Rights and Fundamental Freedoms, the right to manifest one’s own religious belief, as opposed to the right to hold it, was qualified by such ‘limitations as are prescribed by law and are necessary in a democratic society … for the protection of the rights and freedoms of others’ such as the claimants’ rights which were protected under the Equality Act (Sexual Orientation) Regulations 2007.”

WLR Daily, 10th February 2012

Source: www.iclr.co.uk

Doctor struck off over MMR controversy appeals against ruling – The Guardian

Posted February 14th, 2012 in appeals, disciplinary procedures, doctors, news, professional conduct by sally

“One of the doctors struck off over the MMR jab controversy has asked the high court to rule that his treatment was ‘unfair and unjust’.”

Full story

The Guardian, 13th February 2012

Source: www.guardian.co.uk

General Teaching Council rejects Leonora Rustamova case – BBC News

Posted February 14th, 2012 in appeals, disciplinary procedures, employment tribunals, news, teachers by sally

“A teacher who was sacked after writing a racy novel about her pupils has been told she will not face a full hearing by the General Teaching Council (GTC).”

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BBC News, 13th February 2012

Source: www.bbc.co.uk

Occupy London protestors are ‘exhausted and jaded’ as Court of Appeal rules on eviction – Daily Telegraph

Posted February 13th, 2012 in appeals, demonstrations, news by sally

“Today the Court of Appeal will rule on whether to uphold an eviction order granted to the City of London Corporation to drive the tent village from the steps of the cathedral and bring the four-month protest to an end.”

Full story

Daily Telegraph, 13th February 2012

Source: www.telegraph.co.uk

Jane Clough campaign: Bail law changes backed by House of Lords – BBC News

Posted February 9th, 2012 in appeals, bail, bills, news, parliament by sally

“The House of Lords has backed changes to the bail laws following a campaign by the parents of the murdered Lancashire nurse Jane Clough.”

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BBC News, 9th February 2012

Source: www.bbc.co.uk

Keeping up with appeal procedure in the High Court (or at least trying to) – Family Law Week

Posted February 9th, 2012 in appeals, civil procedure rules, courts, family courts, news by sally

“Byron James, barrister, 14 Gray’s Inn Square reviews the guidance arising from the latest case law concerning applications for leave to appeal in financial remedies orders in the High Court.”

Full story

Family Law Week, 8th February 2012

Source: www.familylawweek.co.uk

Judgment reserved in Twitter airport threat appeal – The Guardian

Posted February 9th, 2012 in appeals, judgments, news, threatening to destroy or damage property by sally

“Two senior judges have retired to consider whether a Twitter message threatening to blow up a snowbound Doncaster airport was a joke or a menace to society.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk