Category: appeals

LSB to make a recommendation for Order under S.80 of Legal Services Act – Legal Services Board

Posted August 18th, 2011 in alternative business structures, appeals, legal services, Legal Services Board, news, solicitors by sally

“The LSB has today (17 August) published its decision document and the Order that it will recommend to the Lord Chancellor should be made under section 80 of the Legal Services Act 2007 about the appeal mechanism for decisions of the Solicitors Regulation Authority (SRA) if it is designated as a Licensing Authority. This follows the consultation Alternative business structures: appeal arrangements which ran from 5 May 2011 to 2 June 2011 and our decision to recommend to the Lord Chancellor that the SRA should be designated as a Licensing Authority.”

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Legal Services Board, 17th August 2011

Source: www.legalservicesboard.org.uk

Harsh riot sentences could cause appeals logjam, say rights groups – The Guardian

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“Civil liberties groups have warned that the court system will be clogged with appeals by people convicted of riot-related offences seeking to overturn lengthy terms of imprisonment.”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same – WLR Daily

Posted August 17th, 2011 in appeals, asylum, immigration, international law, law reports, tribunals by sally

PR (Sri Lanka) v Secretary of State for the Home Department; SS (Bangladesh) v Same; TC (Zimbabwe) v Same [2011] EWCA Civ 988; [2011] WLR (D) 276

“The two tiers of the tribunal system operating in respect of immigration and asylum cases were, and were plainly to be regarded as, competent to determine whether there was a compelling reason why the particular issue on which an applicant’s claim which had failed twice before that system should be subjected to a third judicial process.”

WLR Daily, 11th August 2011

Source: www.iclr.co.uk

Tribunal sets out employee’s unfair dismissal rights in length of service dispute – OUT-LAW.com

Posted August 16th, 2011 in appeals, employment tribunals, news, unfair dismissal by sally

“The EAT has ruled that an employee summarily dismissed during a notice period cannot bring an unfair dismissal claim if the dismissal means they have insufficient length of service to raise a claim.”

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OUT-LAW.com, 15th August 2011

Source: www.out-law.com

Murdoch pie man wins sentence cut – The Independent

Posted August 9th, 2011 in appeals, assault, news, sentencing by sally

“The comedian who threw a foam pie at Rupert Murdoch has had his jail sentence reduced on appeal.”

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The Indepedent, 5th August 2011

Source: www.independent.co.uk

‘Jonnie Marbles’ in Murdoch foam attack sentence appeal – BBC News

Posted August 5th, 2011 in appeals, assault, harassment, news, sentencing by sally

“A man jailed for six weeks for throwing shaving foam at News Corporation chairman Rupert Murdoch is appealing against his sentence.”

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BBC News, 5th August 2011

Source: www.bbc.co.uk

Tristmire Ltd v Mew and another – WLR Daily

Posted August 4th, 2011 in appeals, housing, landlord & tenant, law reports, rent, ships by sally

Tristmire Ltd v Mew and another [2011] EWCA Civ 912; [2011] WLR (D) 271

“A houseboat placed on a supporting platform in a harbour did not have a degree of permanence such as to make it part of the plot on which the platform stood so that a tenancy or licence of the plot would extend to the houseboat.”

WLR Daily, 28th July 2011

Source: www.iclr.co.uk

Regina v Jones and another – WLR Daily

Posted August 4th, 2011 in appeals, environmental protection, law reports, waste by sally

Regina v Jones and another [2011] WLR (D) 270

“When a person deposited material on land the question whether the material constituted ‘waste’ for the purposes of section 33 of the Environmental Protection Act 1990 depended on that person’s conduct immediately prior to depositing the material and the landowner’s purpose in receiving it.”

WLR Daily, 27th August 2011

Source: www.iclr.co.uk

Individuals will have to pay to contest copyright infringement warnings, Government says – OUT-LAW.com

Posted August 4th, 2011 in appeals, copyright, fees, internet, news by sally

“Internet users who risk being blacklisted as illegal file-sharers will have to pay £20 to appeal against warning letters they receive about their behaviour, the Government has said.”

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OUT-LAW.com, 3rd August 2011

Source: www.out-law.com

Sharon Shoesmith unfair dismissal ruling backed by supreme court – The Guardian

Posted August 2nd, 2011 in appeals, judicial review, ministers' powers and duties, news, Supreme Court, unfair dismissal by sally

“The supreme court has rejected applications by the Department for Education and Haringey council to challenge a landmark ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”

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The Guardian, 2nd August 2011

Source: www.guardian.co.uk

Hayes v Chief Constable of Merseyside Police – WLR Daily

Posted August 2nd, 2011 in appeals, detention, law reports, wrongful arrest by sally

Hayes v Chief Constable of Merseyside Police [2011] EWCA Civ 911; [2011] WLR (D) 269

“Where a police constable had exercised the ower of summary arrest provided by section 24 of the Police and Criminal Evidence Act 1984, it had to be shown, inter alia, that the constable had actually believed that the arrest was necessary, and for a permissible reason, and that objectively that belief was reasonable.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

MacDonald and others v Costello and another – WLR Daily

Posted August 2nd, 2011 in appeals, contracts, law reports, restitution by sally

MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268

“Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others – WLR Daily

Posted July 29th, 2011 in appeals, copyright, internet, law reports, licensing, media by sally

Newspaper Licensing Agency Ltd and others v Meltwater Holding BV and others [2011] EWCA Civ 890;  [2011] WLR (D)  261

“The end users of a commercial online media monitoring service who did not hold a web end-user licence from the publishers committed infringement of the publishers’ copyright in receiving and using the service.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) – WLR daily

Posted July 29th, 2011 in appeals, EC law, immigration, law reports, self-employment by sally

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) C-186/10;  [2011] WLR (D)  259

“Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 (OJ 1973 C 113 p17), had to be interpreted as meaning that it could be relied on by a Turkish national who, having leave to remain in a member state on condition that he did not engage in any business or profession, nevertheless entered into self-employment in breach of that condition and later applied to the national authorities for further leave to remain on the basis of the business which he had meanwhile established.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Masri v Consolidated Contractors International Company SAL and others – WLR daily

Posted July 28th, 2011 in appeals, contempt of court, enforcement, law reports by sally

Masri v Consolidated Contractors International Company SAL and others [2011] EWCA Civ 898;  [2011] WLR (D)  258

“A company found in contempt of court could not appeal the findings of contempt as of right but required the permission of the judge or the Court of Appeal.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Regina (Condliff) v North Staffordshire Primary Care Trust – WLR Daily

Posted July 28th, 2011 in appeals, hospitals, human rights, law reports, medical treatment, obesity by sally

Regina (Condliff) v North Staffordshire Primary Care Trust [2011] EWCA Civ 910;  [2011] WLR (D)  256

“It was not unlawful for a primary care trust to adopt a policy by which all individual funding requests were to be considered and determined exclusively by reference to clinical factors.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

Thomas and others v Bridgend County Borough Council – WLR Daily

Posted July 28th, 2011 in appeals, human rights, law reports, local government, noise, roads, valuation by sally

Thomas and others v Bridgend County Borough Council [2011] EWCA Civ 862;  [2011] WLR (D)  254

“For article 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms to be engaged, it was enough to show interference with peaceful enjoyment possessions combined with evidence of loss of value.”

WLR Daily, 26th July 2011

Source: www.iclr.co.uk

Firm loses ‘partner’ employment appeal – Law Society’s Gazette

Posted July 28th, 2011 in appeals, employment tribunals, law firms, news, partnerships by sally

“A solicitor who was paid through a profit share rather than receiving a salary should not be classified as a partner for employment law purposes, the Employment Appeal Tribunal (EAT) has ruled.”

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Law Society’s Gazette, 28th July 2011

Source: www.lawgazette.co.uk

 

Nuclear test veterans set for Supreme Court appeal bid – BBC News

Posted July 28th, 2011 in appeals, armed forces, compensation, news, nuclear weapons by sally

“Veterans involved in Britain’s nuclear weapons tests in the 1950s are taking their case for compensation to the Supreme Court.”

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BBC News, 28th July 2011

Source: www.bbc.co.uk

Finnerty and another v Clark and another; In re St George’s Property Services (London) Ltd (in administration) – WLR Daily

Posted July 26th, 2011 in administrators, appeals, insolvency, law reports by sally

Finnerty and another v Clark and another; In re St George’s Property Services (London) Ltd (in administration) [2011] EWCA Civ 858;  [2011] WLR (D)  246

“The administrators of an insolvent company were the officers of the court with statutory powers to exercise their discretion to act for the interests of the creditors as a whole. The court had statutory power to removal and replace the administrators, but it had first to be established by the evidence that there was a good or sufficient ground or cause for the removal and replacement. Only then could the court properly proceed to consider the exercise of its discretion by having regard to all the relevant factors for and against an order for removal, such as the beneficial consequences of success in possible legal proceedings.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk