Dr David Kelly inquest ruling challenge fails – BBC News

Posted December 20th, 2011 in appeals, inquests, judicial review, news by sally

“A bid to bring a High Court challenge over the attorney general’s refusal to give his consent for a new inquest into the death of Dr David Kelly has failed.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk

Occupy protesters in UBS bank building win legal victory – BBC News

Posted December 20th, 2011 in appeals, demonstrations, news, repossession, squatting by sally

“Protesters occupying an empty office complex in the City of London owned by the bank UBS can stay until at least January, after a legal victory.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk

Julian Assange can appeal against extradition, supreme court rules – The Guardian

Posted December 16th, 2011 in appeals, extradition, news, sexual offences, Supreme Court by sally

“The highest court in the land has granted permission for Julian Assange to appeal against his extradition to Sweden, where he faces sex crime allegations.”

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The Guardian, 16th December 2011

Source: www.guardian.co.uk

Wayne Fox loses appeal after Tirion Lewis attack – BBC News

Posted December 16th, 2011 in appeals, assault, kidnapping, news, sentencing by sally

“A man who kidnapped and savagely assaulted his girlfriend, leaving her in a coma, has had an appeal against his indeterminate sentence turned down.”

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BBC News, 15th December 2011

Source: www.bbc.co.uk

European court backs British judges over hearsay evidence – The Guardian

Posted December 15th, 2011 in appeals, hearsay evidence, human rights, news, Supreme Court by sally

“Hearsay evidence can be used as the sole means of securing a criminal conviction where no other evidence is available, the European court of human rights (ECHR) has ruled.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

Regina v Kayani; Regina v Solliman – WLR Daily

Posted December 15th, 2011 in appeals, child abduction, kidnapping, law reports, sentencing by sally

Regina v Kayani; Regina v Solliman [2011] EWCA Crim 2871; [2011] WLR (D) 364

“Where a child had been abducted by a parent it no longer necessarily followed that for policy reasons a charge of kidnapping had always to be deemed inappropriate.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Regina v S; Regina v H – WLR Daily

Posted December 15th, 2011 in accomplices, appeals, assisting offenders, human rights, law reports by sally

Regina v S; Regina v H [2011] EWCA Crim 2872; [2011] WLR (D) 363

“Section 46 of the Serious Crime Act 2007 was not incompatible with articles 6 and 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms by reason of being too vague and uncertain.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Raoul Moat accomplice loses bid to reduce jail sentence – The Guardian

Posted December 15th, 2011 in accomplices, appeals, news, sentencing by sally

“One of the two men who helped gunman Raoul Moat during his shotgun rampage, which left a man dead and a police officer blinded, has lost a bid to win a reduction in his sentence.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

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BBC News, 14th December 2011

Source: www.bbc.co.uk

S v C: Re E Revisited – Family Law Week

Posted December 14th, 2011 in appeals, child abduction, news by sally

Jennifer Perrins, barrister, of 1 King’s Bench Walk, considers the Court of Appeal’s judgment in S v C, the first appeal concerning an Article 13b ‘defence’ under the Hague Convention following the Supreme Court’s decision in Re E (Children) (Abduction: Custody Appeal).

Full story

Family Law Week, 7th December 2011

Source: www.familylawweek.co.uk

A human right to object to war – UK Human Rights Blog

Posted December 13th, 2011 in appeals, conscientious objection, courts martial, human rights, news, war by sally

“Moral objections to the UK’s involvement in Afghanistan do not constitute a defence to an insubordination charge, the Court Martial Appeal Court has ruled. The appellant was not entitled to disobey a lawful command on the ground of conscientious objection.”

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UK Human Rights Blog, 13th December 2011

Source: www.ukhumanrightsblog.com

Lord Chief Justice Issues Warning over Jurors – Judiciary of England and Wales

Posted December 9th, 2011 in appeals, criminal justice, juries, press releases by sally

“The Lord Chief Justice, Lord Judge, has issued a warning of the need to preserve the integrity of jury trial and the jury system. The warning came in the Court of Appeal Criminal Division’s Annual Review of the Legal Year 2010/11published today (Friday 9 December).”

Full press release

Judiciary of England and Wales, 9th December 2011

Source: www.judiciary.gov.uk

Revenue and Customs Comrs v PA Holdings Ltd – WLR Daily

Posted December 8th, 2011 in appeals, dividends, income tax, law reports by sally

Revenue and Customs Comrs v PA Holdings Ltd: [2011] EWCA Civ 1414;  [2011] WLR (D)  354

“Once it was established that payments awarded to employees in the form of shares and dividends were income received from employment the payments were liable to be charged under Schedule E and could not be charged under any other Schedule.”

WLR Daily, 30th November 2011

Source: www.iclr.co.uk

Secretary of State for Work and Pensions v Elmi – WLR Daily

Posted December 8th, 2011 in appeals, benefits, law reports by sally

Secretary of State for Work and Pensions v Elmi: [2011] EWCA Civ 1403;  [2011] WLR (D)  353

“A person from abroad who had ticked a form at a job centre to confirm she was seeking work and then applied for income support satisfied the requirement in article 7(3)(c) of the Citizens Direction that she was registered as a job seeker and was entitled to income support.”

WLR Daily, 18th October 2011

Source: www.iclr.co.uk

In re Digital Satellite Warranty Cover Ltd and others – WLR Daily

Posted December 8th, 2011 in appeals, insurance, law reports, warranties by sally

In re Digital Satellite Warranty Cover Ltd and others: [2011] EWCA Civ 1413;  [2011] WLR (D)  352

“A contract for repair or replacement only in the event of breakdown or malfunction which did not oblige the insurer to indemnify the insured for costs which the insured himself incurred fell within paragraph (b) of class 16 Schedule I to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001.”

WLR Daily, 29th November 2011

Source: www.iclr.co.uk

Bank protest set for appeal court – The Independent

Posted December 8th, 2011 in appeals, banking, demonstrations, news, repossession, squatting by sally

Protesters occupying an empty office complex owned by a bank are set to take their fight to remain to the Court of Appeal. A High Court judge today refused to overturn a ‘possession order’ granted to investment bank UBS, which owns the complex in the City of London.”

Full story

The Independent, 7th December 2011

Source: www.independent.co.uk

Leeds Group plc v Leeds City Council (No 2) Regina (Leeds Group plc) v Leeds City Council (No 2) – WLR Daily

Leeds Group plc v Leeds City Council (No 2); Regina (Leeds Group plc) v Leeds City Council (No 2) [2011] EWCA Civ 1447; [2011] WLR (D) 347

“Sections 98 and 103(2) of the Countryside and Rights of Way Act 2000, which inserted subsection (1A) into section 22 of the Commons Registration Act 1965, thereby amending the definition of town or village green, were clear and unambiguous and the new policy in subsection (1A) applied in its entirety to all applications to register land as a town or village green made on or after 30 January 2001. If the impact of the new policy as a whole was considered it had been prospective, not retrospective, in its effect when enacted on 30 November 2000.”

WLR Daily, 2nd December 2011

Source: www.iclr.co.uk

Supreme Court go-ahead for Julian Assange – The Independent

Posted December 5th, 2011 in appeals, extradition, news, sexual offences by sally

“The High Court paved the way today for WikiLeaks founder Julian Assange to pursue his case against extradition to Sweden in the Supreme Court.”

Full story

The Independent, 5th December 2011

Source: www.independent.co.uk

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) – WLR Daily

Posted December 5th, 2011 in appeals, law reports, sentencing by sally

Regina v Gill; Regina v Eccles; Regina v Abu-Neigh (formerly Wallace) [2011] EWCA Crim 2795; [2011] WLR (D) 344

“Where a defendant was sentenced to a mandatory sentence of life imprisonment and the minimum term was to be determined pursuant to paragraphs 3 or 6 of Schedule 22 to the Criminal Justice Act 2003 (which related to transitional cases) a reduction in the length of the minimum term could take account of exceptional progress made by the defendant whilst in prison. However, possible reductions for exceptional progress in prison did not form part of any appeal process for sentences imposed after 18 December 2003.”

WLR Daily, 1st December 2011

Source: www.iclr.co.uk

Julian Assange seeks to take legal fight to highest UK court – The Guardian

Posted December 5th, 2011 in appeals, extradition, news, sexual offences by sally

“WikiLeaks’ founder Julian Assange will make one further attempt to avert extradition to Sweden, where he is wanted for questioning over alleged sex crimes, when he asks judges on Monday to refer his case to Britain’s highest court.”

Full story

The Guardian, 5th December 2011

Source: www.guardian.co.uk