Category: appeals

Regina v Clinton; Regina v Parker; Regina v Evans – WLR Daily

Posted January 19th, 2012 in appeals, defences, evidence, law reports, provocation by sally

Regina v Clinton; Regina v Parker; Regina v Evans [2011] EWCA Crim 2; [2012] WLR (D) 2

“For the purposes of the partial defence to murder of loss of self-control, where such loss of self-control was triggered by sexual infidelity that could not, on its own, qualify as a trigger for the purposes of the defence. Nevertheless, where an admissible trigger might be present, the evidence relating to sexual infidelity might arise for consideration as part of the context in which to evaluate that trigger and whether the statutory ingredients required of the qualifying trigger might be established.”

WLR Daily, 17th January 2012

Source: www.iclr.co.uk

‘Too lenient’ paedophile sentences to be reviewed – BBC News

Posted January 19th, 2012 in appeals, attorney general, news, sentencing, sexual offences by sally

“Three people jailed for their part in a paedophile ring could have their sentences reviewed because they may have been ‘unduly lenient’.”

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BBC News, 18th January 2012

Source: www.bbc.co.uk

Supreme Court hears solicitor’s age claim – The Lawyer

Posted January 18th, 2012 in age discrimination, appeals, news, retirement, solicitors, Supreme Court by sally

“The Supreme Court has convened five of the country’s most senior judges to hear a landmark case over the social justifications that can be used to justify retiring a partner.”

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The Lawyer, 17th January 2012

Source: www.thelawyer.com

Jon-Jaques Clinton’s wife murder conviction quashed – BBC News

Posted January 17th, 2012 in appeals, defences, evidence, murder, news, retrials by sally

“A 45-year-old man jailed for murdering his wife after she left him and found a new man has had his conviction quashed.”

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BBC News, 17th January 2012

Source: www.bbc.co.uk

Murderers lose appeal against whole life tariffs – BBC News

Posted January 17th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Britain’s most dangerous criminals can be kept behind bars for the rest of their lives, judges at the European Court of Human Rights have ruled.”

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BBC News, 17th January 2012

Source: www.bbc.co.uk

Garden row between millionaire neighbours reaches Appeal Court – Daily Telegraph

Posted January 17th, 2012 in appeals, news, rights of way by sally

“A long and bitter feud between a pair of millionaire Surrey neighbours has taken an expensive turn after their argument over a ‘wiggly path leading to nowhere’ reached the Appeal Court.”

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Daily Telegraph, 16th January 2012

Source: www.telegraph.co.uk

Chris Huhne takes solar subsidy cuts ruling to the court of appeal – The Guardian

Posted January 13th, 2012 in appeals, energy, news by sally

“The government went to the court of appeal on Friday in an urgent attempt to overturn a high court ruling that has hit its plans to cut subsidies for solar panels on homes.”

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The Guardian, 13th January 2012

Source: www.guardian.co.uk

Prosecutors to be able to challenge bail decisions – Daily Telegraph

Posted January 12th, 2012 in appeals, bail, Crown Court, news by sally

“Prosecutors will be able to challenge crown court decisions to release suspected serious offenders out on bail after David Cameron announced a change in the law yesterday.”

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Daily Telegraph, 11th January 2012

Source: www.telegraph.co.uk

Regina v James and another – WLR Daily

Posted January 5th, 2012 in appeals, confiscation, law reports, sentencing by sally

Regina v James and another; [2011] EWCA Crim 2991;  [2011] WLR (D)  389

“Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Delaney v Pickett and another – WLR Daily

Posted January 5th, 2012 in appeals, defences, drug abuse, ex turpi causa, law reports, negligence, news, road traffic by sally

Delaney v Pickett and another; [2011] EWCA Civ 1532;  [2011] WLR (D)  390

“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by sally

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574;  [2011] WLR (D)  39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by sally

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579;  [2011] WLR (D)  392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Padden v Bevan Ashford (a firm) – WLR Daily

Posted January 5th, 2012 in appeals, law reports, negligence, solicitors by sally

Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616;  [2011] WLR (D)  393

“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Government launches appeal against solar tariff ruling – BBC News

Posted January 4th, 2012 in appeals, energy, news by sally

“The government has launched an appeal against a High Court ruling that blocked its plans to cut subsidies for solar panels on homes.”

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BBC News, 4th January 2012

Source: www.bbc.co.uk

Joey Barton’s appeal against red card rejected by Football Association – The Guardian

Posted January 4th, 2012 in appeals, disciplinary procedures, news, sport, violence by sally

“Joey Barton’s appeal against his red card for violent conduct in QPR’s match against Norwich City has been dismissed by the Football Association.”

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The Guardian, 4th January 2012

Source: www.guardian.co.uk

Regina v Barnett – WLR Daily

Posted January 3rd, 2012 in appeals, confiscation, law reports, prostitution, sentencing by sally

Regina v Barnett; [2011] EWCA Crim 2936;  [2011] WLR (D)  385

“In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Ian Stanley Barnett, against a confiscation order made by Judge Hernandez in the Crown Court at Manchester on 2 February 2011 on the basis of an assessment that the defendant’s financial benefit from his general criminal conduct was £5,085,22·70 and substituting the figure of £873,010.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

 

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by sally

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

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UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

Appeals soar after secret courts are opened to public – The Independent

Posted January 3rd, 2012 in appeals, Court of Protection, freedom of movement, news by sally

“The number of appeals against deprivation of liberty orders has surged in the aftermath of a controversial Court of Protection case championed by The Independent, new figures show.”

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The Independent, 2nd January 2012

Source: www.independent.co.uk

No human right to an hour’s minimum in the open air for “lifer” – Court of Appeal – UK Human Rights Blog

Posted December 21st, 2011 in appeals, human rights, misfeasance in public office, news by sally

“The Court of Appeal has decided that a failure to provide a life sentence prisoner with a minimum of one hour in the open air each day did not constitute a breach of his human rights under Article 8 of the European Convention of Human Rights (‘ECHR’).”

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UK Human Rights Blog, 20th December 2011

Source: http://ukhumanrightsblog.com

Government’s HMO changes are not unlawful, Court of Appeal ruled – OUT-LAW.com

Posted December 20th, 2011 in appeals, consultations, houses in multiple occupation, housing, local government, news by sally

“It was not unlawful for the Government to introduce new laws that gave greater development rights for houses in multiple occupation (HMO) without consulting councils for a second time, the Court of Appeal has ruled.”

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OUT-LAW.com, 19th December 2011

Source: www.out-law.com