Julian Assange seeks to take extradition fight to supreme court – The Guardian

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

“The founder of WikiLeaks, Julian Assange, is to apply for a supreme court hearing to appeal against extradition to Sweden to face sex crime allegations.”

Full story

The Guardian, 15th November 2011

Source: www.guardian.co.uk

Regina (SA (A Child) (by SH as litigation friend)) v Kent County Council (Secretary of State for Education, intervener) – WLR Daily

Posted November 15th, 2011 in appeals, children, families, fostering, law reports, local government by sally

Regina (SA (A Child) (by SH as litigation friend)) v Kent County Council (Secretary of State for Education, intervener) [2011] EWCA Civ 1303; [2011] WLR (D) 326

“The obligations imposed on a local authority in certain circumstances pursuant to section 23(2) and (6) of the Children Act 1989, relating to the provision of accommodation and/or maintenance for certain children in need and being looked after by the authority, were to be considered as alternatives, rather than as parallel means by which to achieve a single statutory purpose.”

WLR Daily, 10th November 2011

Source: www.iclr.co.uk

Shrien Dewani High Court SA extradition appeal date set – BBC News

Posted November 15th, 2011 in appeals, extradition, murder, news by sally

“The High Court challenge against the extradition of Bristol businessman Shrien Dewani is to take place next month.”

Full story

BBC News, 14th November 2011

Source: www.bbc.co.uk

Bubb v Wandsworth London Borough Council – WLR Daily

Posted November 11th, 2011 in appeals, homelessness, housing, judicial review, law reports, local government by sally

Bubb v Wandsworth London Borough Council: [2011] EWCA Civ 1285;  [2011] WLR (D)  323

“A county court judge hearing an appeal on a point of law under section 204 of the Housing Act 1996, against a review of whether a local housing authority owed a duty to a homeless person under the 1996 Act, had no jurisdiction to find the relevant primary facts for himself. The judge’s function was to consider whether the reviewing officer’s decision should be quashed on judicial review grounds.”

WLR Daily, 9th November 2011

Source: www.iclr.co.uk

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action – WLR Daily

Posted November 10th, 2011 in appeals, costs, law reports, patents by sally

Fresenius Kabi Deutchland GmbH and others v Carefusion 303, Inc and related action [2011] EWCA Civ 1288; [2011] WLR (D) 320

“The practice in the Patents Court whereby a patentee could discontinue his claim for infringement and consent to the revocation of his patent on terms that he paid the costs of the action up to the date of service of the original defence, with the alleged infringer paying the costs of the action thereafter to the date of discontinuance, was no longer to be followed. It was to be replaced by the general rule in CPR r 38.6 that, unless the court otherwise ordered, a claimant who discontinued was liable to pay the defendant’s costs.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Copple and others v Littlewoods plc and others – WLR Daily

Posted November 10th, 2011 in appeals, equal pay, law reports, pensions, sex discrimination by sally

Copple and others v Littlewoods plc and others [2011] EWCA Civ 1281; [2011] WLR (D) 319

“Where an employer’s pension scheme indirectly discriminated against part-timers on the ground of sex by denying them access to the scheme, a female part-time worker was not entitled to any remedy arising from her exclusion from the scheme if she would not in fact have chosen to join the scheme even if she had been eligible to do so.”

WLR Daily, 8th November 2011

Source: www.iclr.co.uk

Butt to appeal 30-month jail sentence, says lawyer – The Independent

Posted November 10th, 2011 in appeals, conspiracy, fraud, gambling, news, sentencing by sally

“Former Pakistan captain Salman Butt has filed an appeal against his 30-month jail sentence for his part in the conspiracy to bowl deliberate no-balls in a Test.”

Full story

The Independent, 10th November 2011

Source: www.independent.co.uk

Christian hoteliers appeal against ruling on gay couple sharing a room – The Guardian

Posted November 9th, 2011 in appeals, homosexuality, hotels, news, sexual orientation discrimination by sally

“Devout Christian hotel owners who refused to allow a gay couple to share a double room have insisted at the appeal court that they should have been allowed to impose the ban.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Catholic church can be held responsible for wrongdoing by priests – The Guardian

Posted November 8th, 2011 in appeals, child abuse, employment, news, sexual offences, vicarious liability by sally

“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”

Full story

The Guardian, 8th November 2011

Source: www.guardian.co.uk

Assange v Swedish Prosecution Authority – WLR Daily

Posted November 8th, 2011 in appeals, extradition, law reports by sally

Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin); [2011] WLR (D) 315

“In the context of the Extradition Act 2003, through interpretation of article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’) and recognising differences of terminology used among member states, a ‘judicial authority’ was not confined to a judge who adjudicated, but could extend to a body that prosecuted.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Cyclist’s family fail in bid for new inquest into TV producer’s death – The Guardian

Posted November 8th, 2011 in accidents, appeals, bicycles, inquests, news by sally

“The sister of a TV producer who was crushed by an HGV while cycling through west London has spoken of her dismay after failing in a high court attempt to secure a fresh inquest into her sister’s death. Eilidh Cairns, 30, was cycling in morning rush-hour traffic on 5 February 2009 when a tipper truck knocked her from her bike at Notting Hill Gate. An experienced cyclist, she is believed to have been in front of the lorry and hit from behind in the incident.”

Full story

The Guardian, 7th November 2011

Source: www.guardian.co.uk

Husband in £4m divorce ‘should count himself lucky’ – Daily Telegraph

Posted November 8th, 2011 in appeals, divorce, financial provision, matrimonial home, news by sally

“The question: what are the ‘reasonable needs’ of a 55-year-old divorced woman with one teenage child still living at home? The answer, the appeal court ruled yesterday, is a nine-bedroom country house with 40 acres of parkland, a £1.65 million lump sum and £75,000-a-year child maintenance.”

Full story

Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Mitu v Camden London Borough Council – WLR Daily

Posted November 3rd, 2011 in appeals, homelessness, housing, law reports, local government by sally

Mitu v Camden London Borough Council [2011] EWCA Civ 1249; [2011] WLR (D) 310

“Where a local authority, having decided that an applicant was intentionally homeless and not in priority need, decided on review of the application that the applicant’s homelessness was not intentional, it had a duty by section 192(2) of the Housing Act 1996 to provide or arrange for the provision of advice and assistance, and a discretion by section 192(3) of the 1996 Act to provide accommodation. Failure to consider the exercise of that discretionary power, if it affected the fairness of the decision, was a procedural deficiency requiring the local authority to give the applicant notice of its intended decision and allow him to make further representations either orally or in writing.”

WLR Daily, 1st November 2011

Source: www.iclr.co.uk

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily

Posted November 3rd, 2011 in appeals, disclosure, documents, jurisdiction, law reports by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another [2011] EWCA Civ 1188; [2011] WLR (D) 309

“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily

Posted November 3rd, 2011 in appeals, burden of proof, employment, law reports, vicarious liability by sally

Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308

“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Rape case woman wins appeal bid – BBC News

“A woman jailed for falsely retracting rape charges against her husband has won the right to appeal her conviction for perverting the course of justice.”

Full story

BBC News, 2nd November 2011

Source: www.bbc.co.uk

Julian Assange v. Swedish Prosecution Authority – Judiciary of England and Wales

Posted November 2nd, 2011 in appeals, extradition, law reports, rape, warrants by michael

Judgment approved by the Court for handing down.

Julian Assange v. Swedish Prosecution Authority (pdf)

Judiciary of England and Wales, 2nd November 2011

Source: www.judiciary.gov.uk

Julian Assange loses appeal against extradition – The Guardian

Posted November 2nd, 2011 in appeals, extradition, news, rape, warrants by michael

“The WikiLeaks founder, Julian Assange, has lost his high court appeal against extradition to Sweden to face rape allegations.”

Full story

The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education – WLR Daily

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236; [2011] WLR (D) 307

“Although a complaint of disability discrimination was an eligible complaint to be made to the Office of the Independent Adjudicator for Higher Education (“OIA”) under the Higher Education Act 2004, the task and duty of the OIA on a complaint of disability discrimination against a higher education institution was confined to whether the conduct of the university was reasonable or not and what recommendation should be made in response to the complaint and the office was not obliged to rule whether there had been a disability discrimination.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Pink Floyd guitarist’s son loses appeal over protest rampage – The Guardian

Posted October 28th, 2011 in appeals, news, sentencing, violent disorder by sally

“The son of Pink Floyd guitarist David Gilmour, seen swinging from the Cenotaph and kicking a shop window during a drink and drug-fuelled rampage at a student fees protest, has lost his appeal against his 16-month prison sentence.”

Full story

The Guardian, 28th October 2011

Source: www.guardian.co.uk